[Senate Report 112-78]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 170
112th Congress                                                   Report
                                 SENATE
 1st Session                                                     112-78

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



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

                                _______
                                

               September 15, 2011.--Ordered to be printed

                                _______
                                

          Ms. Mikulski, from the Committee on Appropriations, 
                        submitted the following

                                 REPORT

                         [To accompany S. 1572]

    The Committee on Appropriations reports the bill (S. 1572) 
making appropriations for the Departments of Commerce and 
Justice, science, and related agencies for the fiscal year 
ending September 30, 2012, and for other purposes, reports 
favorably thereon and recommends that the bill do pass.



Total obligational authority, fiscal year 2012

Total of bill as reported to the Senate................. $59,481,018,000
Amount of 2011 appropriations...........................  58,786,478,000
Amount of 2012 budget estimate..........................  64,176,569,000
Bill as recommended to Senate compared to--
    2011 appropriations.................................    +694,540,000
    2012 budget estimate................................  -4,695,551,000


                                CONTENTS

                              ----------                              
                                                                   Page

Purpose of the Bill..............................................     3
Summary of the Bill..............................................     3
Fighting Waste, Fraud, and Abuse.................................     6
Reprogrammings, Reorganizations, and Relocations.................     7
Congressional Budget Justifications..............................     8
Reductions-in-Force..............................................     9
Appropriations Liaisons..........................................     9
Title I: Department of Commerce..................................    10
Title II: Department of Justice..................................    37
Title III: Science...............................................    84
    Office of Science and Technology Policy......................    84
    National Aeronautics and Space Administration................    85
    National Science Foundation..................................   101
Title IV: Related Agencies.......................................   109
    Commission on Civil Rights...................................   109
    Equal Employment Opportunity Commission......................   109
    International Trade Commission...............................   111
    Legal Services Corporation...................................   111
    Marine Mammal Commission.....................................   112
    Office of the United States Trade Representative.............   113
    State Justice Institute......................................   113
    Commission on Wartime Relocation and Internment of Latin 
      Americans of Japanese Descent..............................   114
Title V: General Provisions......................................   115
Compliance With Paragraph 7, Rule XVI of the Standing Rules of 
  the Sen- 
  ate............................................................   118
Compliance With Paragraph 7(c) Rule XXVI of the Standing Rules of 
  the Senate.....................................................   121
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of 
  the Senate.....................................................   121
Budgetary Impact of Bill.........................................   125
Comparative Statement of Budget Authority........................   126

                          Purpose of the Bill

    The bill provides funding for: (1) the Department of 
Commerce and its bureaus, and administrations: the 
International Trade Administration [ITA], the Bureau of 
Industry and Security [BIS], the Economic Development 
Administration [EDA], the Minority Business Development Agency 
[MBDA], the Economics and Statistics Administration [ESA], the 
Bureau of the Census, the National Telecommunications and 
Information Administration [NTIA], the U.S. Patent and 
Trademark Office [USPTO], the National Institute of Standards 
and Technology [NIST], and the National Oceanic and Atmospheric 
Administration [NOAA]; (2) the Department of Justice; (3) 
several independent science agencies: the Office of Science and 
Technology Policy [OSTP], the National Aeronautics and Space 
Administration [NASA], and the National Science Foundation 
[NSF]; and (4) several related commissions and agencies: the 
Commission on Civil Rights, the Equal Employment Opportunity 
Commission [EEOC], the International Trade Commission [ITC], 
the Legal Services Corporation [LSC], the Marine Mammal 
Commission, the U.S. Trade Representative [USTR], the State 
Justice Institute [SJI], and the Commission on Wartime 
Relocation and Internment of Latin Americans of Japanese 
Descent.

                          Summary of the Bill

    For fiscal year 2012, the Committee recommends total 
discretionary appropriations of $52,701,000,000, along with an 
additional $135,000,000 in funding for natural disasters, for 
the Departments of Commerce and Justice, Science, and Related 
Agencies. This amount is $626,000,000 below the fiscal year 
2011 level and $4,969,684,000 below the President's fiscal year 
2012 budget request. These reductions, made pursuant to the 
Budget Control Act of 2011, required the Committee to reduce 
nearly every account in the bill below fiscal year 2011 levels.
    Within the amounts provided, the Committee has chosen to 
prioritize activities that save lives, protect the safety of 
our citizens, and create jobs.
    The Committee faced two very pressing funding challenges 
that are critical to life and safety--funding for the Nation's 
next generation weather satellites for timely and accurate 
forecasts of severe weather, and adequate funding to safely 
guard the Nation's growing prison population. While these 
activities are not considered mandatory for budget purposes, 
they are not truly discretionary in that the Committee has an 
obligation to adequately fund them regardless of budgetary 
constraints.
    The Committee's recommendation for the Joint Polar 
Satellite System [JPSS], which will provide timely data for 
more accurate severe weather forecasts, is nearly $437,000,000 
more than fiscal year 2011 to enable the earliest possible 
launch in order to minimize any gap in weather data. Salaries 
and associated expenses for guarding and transporting the 
Federal prison population are funded at more than $350,000,000 
more than fiscal year 2011 to ensure that our Federal prisons 
are adequately staffed and to enable the activation of new 
prisons that have been built but are currently sitting empty 
due to lack of funds.
    Funding these pressing challenges within current budgetary 
constraints required reductions for activities that the 
Committee has historically chosen to fund.
    Specifically, the bill eliminates 30 programs funded in 
prior years. Personnel and operations funding for the 
departments, agencies, and commissions funded in this bill are 
reduced by approximately 2 percent below fiscal year 2011 
levels, with the expectation that agencies must become more 
frugal, and can and should achieve efficiencies in all 
operations. Funding for grant programs and scientific research 
is reduced even further.
    These are regrettable reductions that will result in real 
consequences. For example, in the area of funding for State and 
local law enforcement, the Committee's recommendation provides 
roughly $2,300,000,000, which is more than $470,000,000 below 
fiscal year 2011, a nearly 17 percent reduction. A funding 
level of $200,000,000 for the COPS hiring program, which is 
$47,000,000 below the fiscal year 2011 level, will result in 
approximately 350 fewer new police officers hired to protect 
State and local jurisdictions. The critical Byrne Justice 
Assistance Grant program is funded at $395,000,000, a reduction 
of $35,000,000 below the fiscal year 2011 level. This level 
will result in cuts to all State and local components of the 
criminal justice system, from multijurisdictional drug and gang 
task forces to crime prevention and domestic violence programs, 
courts and prosecution, community corrections, drug prevention 
and treatment, sex offender management, justice information 
sharing, and crime victim and witness support initiatives. 
Furthermore, reductions to Federal law enforcement agencies and 
Department of Justice core activities will likely result in a 
continuation of the Department's imposed hiring freeze and will 
challenge agencies to manage their budgets more wisely in order 
to fulfill their missions.
    In the area of scientific discovery and development of new 
technologies, the Committee's recommendation constitutes an 
approximately 3 percent reduction to research at NIST and NSF, 
and to NASA. In past years, the Committee has been able to 
recommend an annual 7 percent increase in NIST and NSF funding 
as authorized by the bipartisan America COMPETES Act. 
Reductions to NSF research will result in 380 fewer grants 
supporting 4,400 fewer researchers, students, teachers, and 
technical support personnel. Reductions to NASA at this 
critical time in the agency's transition from the space shuttle 
legacy to new vehicles for human spaceflight will challenge the 
agency to make every dollar count.
    The Committee's recommendation also reduces funding for 
economic and trade agencies below fiscal year 2011 levels, 
which will restrict new economic initiatives. For example, the 
National Export Initiative, which is a worthy plan for doubling 
U.S. exports by 2015, cannot be funded for the second year in a 
row because funding for the International Trade Administration 
is stalled. Economic development grants that help local 
communities innovate and new business sectors thrive have 
decreased by 10 percent from 2011. The Committee realizes such 
funding levels come at a time when our national economy needs 
to turn a corner and many more jobs need to be created. To help 
compensate for the overall lack of funding, the Committee has 
provided bill language, where applicable, allowing economic 
agencies flexibility in spending without jeopardizing oversight 
and accountability.
    While the Committee regrets the reductions, the recommended 
bill reflects the Committee's strong commitment to protecting 
life and safety, while continuing healthy levels of investment 
for scientific research and discovery and supporting an 
innovation friendly government to foster job creation and to 
protect the ideas we develop.
    The bill fully funds the U.S. Patent and Trademark Office 
[PTO], which fosters American innovation and job creation by 
providing protections for ideas and products developed by our 
entrepreneurs, businesses, and academic institutions. 
Specifically, the bill gives the agency authority to spend all 
fees collected from inventors, and supports depositing all fees 
above the appropriated level into the new Patent and Trademark 
Fee Reserve Fund as authorized by the landmark America Invents 
Act.
    For science and basic research at NSF, NIST, and NASA, the 
bill invests more than $12,000,000,000 to support America's 
next generation of scientists, engineers, and entrepreneurs. At 
NSF, the bill will support more than 225,000 researchers, 
students, teachers, and technical support personnel.
    Within the science agencies, the Committee has focused on 
high impact research and development. For example, the bill 
funds cyber security research at NIST and NSF to keep American 
Government and private sector networks strong, and to respond 
to growing cyber threats. The bill also supports growing new 
American businesses by funding the Regional Innovation Program 
at the Economic Development Administration. The bill invests in 
our Nation's new space launch system to send our astronauts 
beyond low Earth orbit, and invests in new industries to safely 
deliver them to and from the International Space Station.
    The Committee also continues to emphasize assistance to 
expand export markets for U.S. businesses overseas. The bill 
continues to invest in the Department of Commerce's efforts to 
promote U.S. companies overseas which have a direct connection 
to creating jobs at home. In 2008, U.S. exports of goods and 
services supported 10.3 million jobs and comprised 12.8 percent 
of the overall U.S. economy, according to the International 
Trade Administration [ITA]. The global economic recession has 
cut the percentage of U.S. exports to 11.2 percent. The 
Committee's recommendation underscores a commitment to 
increasing the U.S.'s share of world markets. Recognizing the 
importance of stabilizing export-dependent jobs and opening 
markets for new companies, the Committee provided more than a 7 
percent increase to ITA since 2008. ITA successfully knocked 
down 82 trade barriers in 45 different markets which open up 
new fertile ground for U.S. exports to grow and to create more 
jobs this year. An equally important role for ITA is to protect 
U.S. jobs by fighting counterfeiting and dumping.
    So while the overall CJS appropriations bill is below 
fiscal year 2011 levels, and many programs are reduced, the 
bill continues to have significant impacts on U.S. job 
creation--now and into the future.

                    Fighting Waste, Fraud, and Abuse

    The departments, agencies, boards, and commissions funded 
in this bill can and should significantly reduce operating 
expenses by placing greater scrutiny on overhead costs. Savings 
can and should be achieved by reducing non-essential travel, 
office supply, rent, and utility costs. The Committee directs 
each department, agency, board, and commission funded in this 
bill to develop a plan to reduce such costs by at least 10 
percent in fiscal year 2012. Plans to achieve this savings in 
fiscal year 2012 should be submitted to the Committee no later 
than 30 days after enactment of this act.
    The Committee has also reduced official reception and 
representation funds by more than 25 percent. Modest 
representation funds are provided for agency executives to 
provide necessary courtesies to our diplomatic partners and out 
of respect for fallen officers, or to mark historic occasions 
such as space exploration missions or stunning discoveries. 
However, savings can and should be achieved by reducing the 
costs of executive meetings, receptions, ceremonies, and 
conferences, and purchasing fewer promotional items such as t-
shirts, hats, mugs, key chains, and other similar items.
    The Committee is extremely concerned about the persistent 
pattern of cost overruns and schedule slippages on major 
projects and missions carried out by the agencies within this 
bill. In addition, reports have exposed a culture within many 
agencies that exhibits a lack of accountability and oversight 
of grant funding.
    Therefore, the Committee has recommended three bill-wide 
provisions to ensure greater oversight and fiscal 
responsibility of taxpayer dollars.
    First, the bill requires each agency to notify the 
Committee immediately upon identification of program cost 
overruns greater than 10 percent.
    Second, the bill requires the Inspectors General of the 
Departments of Commerce and Justice, NASA, NSF and the Legal 
Services Corporation to conduct reviews of grant and contract 
funds to ensure funds are being spent appropriately.
    Third, the bill requires each department, agency, board, 
and commission funded in this act to report spending on large 
conferences, with costs in excess of $20,000 each, to the 
inspectors general for audit.
    Finally, the Committee intends to continue to work with the 
Government Accountability Office [GAO] to review selected 
large-scale acquisition and construction projects. 
Specifically, the Committee requests that GAO develop a plan 
for ongoing reviews of such projects, with reports to the 
Committee on a biannual basis. Agencies shall provide access to 
all necessary data, as determined by GAO, in order for the 
reviews to be completed and provided in a timely manner to the 
Committee. The Committee believes that these project status 
reports are valuable in identifying cost overrun and schedule 
slippage problems early, so they can be addressed immediately.

            Reprogrammings, Reorganizations, and Relocations

    Section 505 contained in the ``General Provisions'' of 
title V provides procedures for the reprogramming of funds. To 
reprogram is to change the use of funds from the specific 
purposes provided for in the act and the accompanying report 
or, in the absence of direction from the Committee, from the 
specific purposes provided for in the administration's budget 
request. Each title of the bill has also traditionally included 
separate provisions that define permissible transfers of 
resources between appropriation accounts. These transfer 
authority provisions are also pursuant to section 505, and were 
initiated in the early 1990s to provide additional flexibility 
to the agencies under the subcommittee's jurisdiction.
    The Committee expects each department and agency to closely 
follow the reprogramming procedures listed in section 505, 
which are the same as provisions that applied in statute during 
fiscal year 2011. These procedures apply to funds provided 
under this act, or provided under previous appropriations acts 
that remain available for obligation or expenditure in fiscal 
year 2012, or provided from any accounts in the Treasury 
available to the agencies funded by this act. Section 505 
requires that the Committee on Appropriations be notified by 
letter, at least 15 days prior to reprogramming of funds, 
whether permanent or temporary, in excess of $500,000 or 10 
percent, whichever is less, between programs, projects or 
activities. This provision is also applicable in cases where 
several activities are involved with each receiving less than 
$500,000. In addition, the Committee is to be notified of 
reprogramming actions which are less than these amounts if such 
actions would have the effect of: committing the agency to 
significant funding requirements in future years; increasing 
funds or personnel by any means for any project or activity for 
which funds have been previously denied or restricted by 
Congress; creating new programs, offices, agencies or 
commissions or substantially augmenting existing programs, 
offices, agencies or commissions; relocating offices or 
employees; or reorganizing offices, programs, or activities.
    The Committee also expects that any items that are subject 
to interpretation will be reported. The Committee is concerned 
that, in some instances, the departments or agencies funded 
within this appropriations act are not adhering to the 
Committee's reprogramming guidelines that are clearly set forth 
in this report and in section 505 of the accompanying bill. The 
Committee expects that each department and agency funded in the 
bill will follow these notification policies precisely and will 
not reallocate resources or reorganize activities prior to 
submitting the required notifications to the Committee.
    The reprogramming process is based on comity between the 
Appropriations Committee and the executive branch. The 
Commerce, Justice, science, and related agencies appropriations 
bill provides specific program guidance throughout this report 
and tables accompanying the bill. The process is intended to 
provide flexibility to meet changing circumstances and 
emergency requirements of agencies, if there is agreement 
between the executive branch and the Congress that such a 
change is warranted. Reprogramming procedures provide a means 
to agree on adjustments, if necessary, during a fiscal year, 
and to ensure that the Committee is kept apprised of instances 
where nonappropriated resources are used to meet program 
requirements, such as fee collections and unobligated balances 
that were not considered in the development of the 
appropriations legislation.
    In the absence of comity and respect for the prerogatives 
of the Appropriations Committees and Congress in general, the 
Committee will have no choice but to include specific program 
limitations and details legislatively. Under these 
circumstances, programs, projects, and activities become 
absolutes and the executive branch shall lose the ability to 
propose changes in the use of appropriated funds through the 
reprogramming process between programs, projects, and 
activities without seeking some form of legislative action.
    The Committee expects the executive branch departments to 
manage its programs, projects and activities within the levels 
appropriated. Reprogramming or transfer requests shall be 
submitted only in the case of an unforeseen emergency or 
situation that could not have been anticipated when formulating 
the budget request for the current fiscal year.

                  Congressional Budget Justifications

    The Committee directs that all departments and agencies 
funded within this bill shall submit all of their fiscal year 
2013 budget justifications concurrently with the official 
submission of the administration's budget to Congress. Further, 
all departments and agencies with classified programs funded 
within this act are directed to submit their classified budget 
justification documents to the Committee, through appropriate 
means at the same time the unclassified budget justifications 
are transmitted.
    These justifications shall include a sufficient level of 
detailed data, exhibits and explanatory statements to support 
the appropriations requests, including tables that outline each 
agency's programs, projects, and activities for fiscal years 
2012 and 2013. The Committee directs the chief financial 
officer of each department or agency funded in this act's 
jurisdiction to ensure that adequate justification is given to 
each increase, decrease, staffing and function change proposed 
in the fiscal year 2013 budget, particularly within the 
departmental operations and management accounts.
    The Committee is concerned that many of the budget 
submissions are inadequate and necessitate multiple requests 
for additional information. This process is inefficient and 
unnecessarily delays access to information that is fundamental 
to the work of the Committee. The Committee expects that the 
fiscal year 2013 submissions will include sufficient detail to 
justify all programs, projects and activities contained in each 
department, agency or commission budget request. Budget 
justifications are prepared not for the use of the agencies but 
are the primary tool of the Committee to evaluate the resource 
requirements and proposals requested by the administration.

                          Reductions-in-Force

    The Committee directs departments or agencies funded in the 
accompanying bill that are planning to conduct a reduction-in-
force [RIF] to notify the Committee in writing 30 days in 
advance of the date of the proposed personnel action.

                        Appropriations Liaisons

    The Committee prefers to channel the majority of its 
inquiries and requests for information and assistance through 
the budget offices or comptroller offices of the departments 
and agencies which it oversees, but reserves the right to call 
upon any individual or organization in any agency under its 
jurisdiction.

                                TITLE I

                         DEPARTMENT OF COMMERCE

    The Committee recommends a total of $7,691,667,000 for the 
Department of Commerce [DOC], not including disaster funding. 
The recommendation is $110,810,000 above the fiscal year 2011 
enacted level and $1,110,971,000 below the budget request.
    The Department of Commerce is a major innovation engine for 
the Nation. Few other departments in the U.S. Government have 
all the elements in one place to keep America competitive in 
this volatile economy. DOC's science and research programs 
strive to find new ways to solve today's problems and 
anticipate tomorrow's challenges. New research brings new 
technology, and DOC develops new standards and partners with 
industry to keep citizens safe and manufacturers on the right 
track. These new technologies and ideas deserve protection, and 
the Department also preserves intellectual property for our 
Nation's creative thinkers--small and big businesses alike. 
Once ready for the global marketplace, DOC establishes trade 
agreements, sending new ideas into the marketplace while 
protecting our workers and helping businesses create jobs at 
home. The Department monitors progress through statistical 
analysis, economic monitoring and periodic census.
    As a leader in America's competitiveness, DOC needs 
realistic funding, proper management and oversight to keep the 
United States scientifically relevant and technologically 
innovative in the global marketplace. The Committee's 
recommendations in this bill ensure that DOC has the funding to 
carry out its mission and mandates.
    Accountability remains a top priority for the Committee. 
The administration has made positive headway to clamp down on 
cost overruns, but the Department continues to face serious 
management challenges. Positive reforms continue at the U.S. 
Patent and Trademark Office [USPTO], but over 700,000 patents 
await approval even though the patent backlog is decreasing. 
The average time for an inventor to wait to receive feedback 
from USPTO has decreased by 10 percent, but the office still 
takes 30 months to make a decision. With patent fee collections 
on the rise--$690,000,000 more than in 2011--the Committee 
wants to know how USPTO's increased revenue will directly 
decrease the patent backlog.
    A year has passed since the Department proposed a new plan 
for the National Oceanic and Atmospheric Administration's 
[NOAA] polar satellite system after divorcing from the U.S. Air 
Force. The Senate supported most of this proposed 
reorganization for the Joint Polar Satellite System [JPSS], but 
the fiscal year 2011 continuing resolution did not include any 
additional funds, resulting in launch delays and creating a gap 
in weather data.
    For fiscal year 2012, the Committee has made great 
sacrifices throughout this bill to support increased funding 
needed for JPSS. The Committee cannot deny that these 
satellites are a national asset critical to predicting weather. 
As a result, more than one-third of NOAA's 2012 appropriation 
is provided for satellite acquisitions in this bill. The 
increased level, coupled with new fiscal constraints affecting 
all of the Federal Government, means many new initiatives 
proposed in fiscal year 2012 for DOC will not be supported 
regardless of high merit. In fact, most components in the 
Department will be reduced despite having received ample 
support from the Committee in previous fiscal years. To help 
offset the effects of austere funding levels, the Committee has 
provided DOC's agencies with greater flexibility for using 
appropriated funds while maintaining strict oversight and 
accountability.

                   International Trade Administration


                     OPERATIONS AND ADMINISTRATION

Appropriations, 2011....................................    $450,106,000
Budget estimate, 2012...................................     526,091,000
Committee recommendation................................     441,104,000

    The Committee's recommendation provides $441,104,000 for 
the International Trade Administration. The recommendation is 
$9,002,000 below the fiscal year 2011 enacted level and 
$84,987,000 below the budget request.
    The Committee recommendations, by function, are displayed 
in the following table:

               INTERNATIONAL TRADE ADMINISTRATION FUNDING
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Manufacturing and Services............................            48,854
Market Access and Compliance..........................            42,623
Import Administration.................................            67,358
Trade Promotion and U.S. Foreign Commercial Services..           255,347
Executive Direction...................................            26,922
                                                       -----------------
      Total Direct Obligations........................           441,104
------------------------------------------------------------------------

    Offsetting Fee Collections.--The Committee's recommendation 
adopts the proposed offsetting fee collections of $9,439,000, 
which the Committee believes is realistic and achievable.
    National Export Initiative.--The Committee remains 
supportive of the National Export Initiative [NEI], but 
regrettably the overall funding level for fiscal year 2012 does 
not afford increases to ITA. The Committee directs ITA to move 
ahead with organizational optimization plans that were 
submitted as part of the the 2012 request. These plans are 
estimated to reduce costs by $20,200,000, including $8,600,000 
of permanent administrative reductions. ITA is directed to use 
any net savings to enhance the U.S. Foreign Commercial Service 
for the purposes of advancing export promotion and maintaining 
a presence in foreign markets.
    Trade and Rural Communities.--The Committee directs the 
Secretary to develop a plan for outreach under the National 
Export Initiative to assist State-supported trade activities 
with an emphasis upon States that are largely rural and 
suffering from serious poverty issues. The Secretary shall 
provide this plan to the Committee no later than 60 days after 
enactment of this act.
    Rural Manufacturers.--Given the importance of exports and 
manufacturing to the long-term economic growth of the United 
States, and the administration's goal of doubling exports by 
2015, the Committee directs ITA to focus its resources on 
promoting manufacturing exports for small and rural businesses.

                    Bureau of Industry and Security


                     OPERATIONS AND ADMINISTRATION

Appropriations, 2011....................................    $100,141,000
Budget estimate, 2012...................................     111,187,000
Committee recommendation................................      98,138,000

    The Committee's recommendation provides $98,138,000 for the 
Bureau of Industry and Security [BIS]. The recommendation is 
$2,003,000 below the fiscal year 2011 enacted level and 
$13,049,000 below the budget request.
    BIS is the principal agency involved in the development, 
implementation, and enforcement of export controls for dual-use 
technologies. The Export Enforcement Division detects, 
prevents, investigates, and assists in the sanctioning of 
illegal dual-use exports.

                  Economic Development Administration

Appropriations, 2011....................................    $283,432,000
Budget estimate, 2012...................................     324,931,000
Committee recommendation................................     392,166,000

    The Committee's recommendation provides $392,166,000 for 
the Economic Development Administration [EDA], which includes 
disaster assistance. The recommendation is $108,734,000 above 
the fiscal year 2011 enacted level and $67,235,000 above the 
budget request.
    The EDA provides grants to local governments and nonprofit 
agencies for public works, planning, and other projects 
designed to facilitate economic development. Funding amounts 
for the two appropriations accounts under this heading are 
displayed below.

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

Appropriations, 2011....................................    $245,508,000
Budget estimate, 2012...................................     284,300,000
Committee recommendation................................     355,000,000

    The Committee's recommendation provides $355,000,000 for 
Economic Development Assistance Programs. The recommendation is 
$109,492,000 above the fiscal year 2011 level and $70,700,000 
above the budget request. The Committee expects EDA to use all 
available carryover and prior year recoveries to the maximum 
extent possible. 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:

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Public Works............................................          91,000
Economic Adjustment Assistance..........................          48,700
Trade Adjustment Assistance.............................          15,800
Regional Innovation Program.............................          20,000
Partnership Planning....................................          31,000
Technical Assistance....................................          12,000
Disaster Assistance.....................................         135,000
Research and Evaluation.................................           1,500
                                                         ---------------
    Total...............................................         355,000
------------------------------------------------------------------------

    Regional Innovation Program.--Although the Committee does 
not support the administration's request of making EDA a loan-
generating agency, the Committee is supportive of the new 
Regional Innovation Program created by the America COMPETES 
Reauthorization Act (Public Law 111-358). States and regions 
must have a strong economic base that can support the next 
generation of manufacturing jobs. The program allows the 
Secretary of Commerce to award competitive grants to create 
regional innovation clusters. The Committee directs EDA to 
consider geographic equity in making the award decisions and to 
include rural projects among those chosen for funding.
    Disaster Assistance.--The Committee provides $135,000,000 
for disaster assistance for disaster relief, long-term 
recovery, and restoration of infrastructure in areas that 
experienced damage due to major disasters in 2011 as declared 
by the President.
    EDA shall submit to the Committee a report no later than 
180 days after enactment of this act detailing the programs and 
investments carried out to assist communities impacted by 
natural or man-made disasters since July 1, 2005, including: 
the estimated number of jobs created, the number of small 
businesses assisted, a list of remaining balances for any 
emergency disaster funds and a justification of the intended 
use of such unused funds. The Committee also expects the report 
to outline additional recommendations, if any, for EDA to be a 
more effective tool to spur recovery in these disaster impacted 
communities.
    University Centers.--The Committee directs funding within 
Technical Assistance to be used, in part, to establish new 
University Centers in States that currently do not have one, 
upon conducting a competitive selection process. Within 60 days 
after enactment of this act, EDA shall commission an 
independent study of the performance of the University Center 
program, including an analysis of the best methods of 
evaluating the performance of individual University Centers. 
Upon completion of the study, EDA shall conduct evaluations of 
all funded University Centers within 5 years of the first award 
of assistance and at least once every 5 years thereafter. The 
change in the frequency of formal competitions will enable the 
University Centers to make long-term commitments necessary for 
effective program implementation and reduce disruption in 
program services, while still providing a rigorous evaluation 
system.
    Trade Adjustment Assistance.--The Committee is discouraged 
by the administration's request to eliminate funding for Trade 
Adjustment Assistance [TAA] programs. The TAA for Firms 
program, in particular, offers technical assistance to domestic 
small- and medium-sized manufacturers that have been adversely 
affected by import competition. Many companies assisted by TAA 
for Firms emerge leaner, more competitive, and more profitable 
and add jobs to their workforce. No later than 120 days after 
enactment of this act, the Secretary shall submit a report to 
the Committee detailing a viable and appropriate long-term 
strategic plan for existing TAA programs within EDA that 
includes funding recommendations either within the agency or 
elsewhere within the Department or administration.
    Base Realignment and Closure.--In fiscal year 2010, the 
Committee directed EDA, in coordination with the Office of 
Economic Adjustment [OEA] at the Department of Defense, to 
develop a report that identifies recommendations for 
collaboration between the two agencies within current 
authorities and budget structures to address the needs of 
localities identified as Base Realignment and Closure [BRAC] 
communities. As the subsequent report detailed, EDA has the 
ability to continue providing support to BRAC-impacted 
communities within its existing authorities, particularly those 
dealing with base closure and downsizing issues. The Committee 
encourages EDA to provide the most efficient and effective 
assistance to Defense growth communities and communities 
impacted by closures based on urgency and level of need. As per 
recommendations outlined in the report, EDA is directed to, in 
consultation with OEA, issue separate guidance clarifying the 
overall requirements of Defense growth and closure community 
assistance, and modify the definition of Special Need in EDA's 
Federal Funding Opportunity announcement to specify that 
Defense growth and closure communities are eligible for EDA 
funding. The Committee also directs EDA to consider Defense 
growth and closure communities in making award decisions for 
the agency's new Regional Innovation Program.

                         SALARIES AND EXPENSES

Appropriations, 2011....................................     $37,924,000
Budget estimate, 2012...................................      40,631,000
Committee recommendation................................      37,166,000

    The Committee's recommendation provides $37,166,000 for 
salaries and expenses. The recommendation is $758,000 below the 
fiscal year 2011 enacted level and $3,465,000 below the budget 
request. The Committee again directs that vacancies within the 
regional offices be filled prior to any vacancies within 
headquarters.
    Economic Development Representatives.--The Committee 
recognizes the important role that Economic Development 
Representatives [EDR] and Economic Development Specialists 
[EDS] play in educating potential grantees about EDA programs, 
providing technical assistance to potential grantees throughout 
the application process, providing input to regional office 
staff during the project vetting process, and overseeing EDA 
funded projects.
    However, the Committee remains concerned about the wide 
geographic coverage areas for some EDR and EDS, which can limit 
the time they spend developing, overseeing, and providing 
guidance on projects. The increasing demands for services in 
areas with vast distances between jurisdictions justify 
additional staff support for exceptionally large geographic 
areas. The Committee directs EDA to provide a report to the 
Committee within 60 days of enactment of this act that assess 
the feasibility of locating an EDR in each State and to 
evaluate whether the current EDR and EDS structure should be 
revamped in order to reduce the geographic size of each 
coverage area.

                  Minority Business Development Agency


                     MINORITY BUSINESS DEVELOPMENT

Appropriations, 2011....................................     $30,339,000
Budget estimate, 2012...................................      32,322,000
Committee recommendation................................      29,732,000

    The Committee's recommendation provides $29,732,000 for the 
Minority Business Development Agency [MBDA]. The recommendation 
is $607,000 below the fiscal year 2011 enacted level and is 
$2,590,000 below the budget request. MBDA is the only Federal 
agency dedicated to promoting the growth of minority-owned 
firms and assists small, medium and large minority business 
enterprises increase revenues and create jobs.

                   Economic and Statistical Analysis


                         SALARIES AND EXPENSES

Appropriations, 2011....................................     $97,060,000
Budget estimate, 2012...................................     112,937,000
Committee recommendation................................      95,119,000

    The Committee's recommendation provides $95,119,000 for 
Economic and Statistical Analysis [ESA]. The recommendation is 
$1,941,000 below the fiscal year 2011 enacted level and 
$17,818,000 below the budget request. ESA conducts research to 
provide a better understanding of the U.S. economy which helps 
Government make more informed policy decisions. The Committee 
encourages ESA to move forward on the agency's ``Everyday 
Economics: The American Household'' program, within funds 
provided, to conduct research on disposable income levels and 
provide a more accurate portrayal of costs and expenditures 
that individuals incur.

                          Bureau of the Census

Appropriations, 2011....................................  $1,149,720,000
Budget estimate, 2012...................................   1,024,765,000
Committee recommendation................................     943,336,000

    The Committee's recommendation provides $943,336,000 for 
the Census Bureau. The recommendation is $206,384,000 below the 
fiscal year 2011 enacted level and $81,429,000 below the budget 
request.

                         SALARIES AND EXPENSES

Appropriations, 2011....................................    $258,506,000
Budget estimate, 2012...................................     272,054,000
Committee recommendation................................     253,336,000

    The Committee's recommendation provides $253,336,000 for 
salaries and expenses. The recommendation is $5,170,000 below 
the fiscal year 2011 enacted level and is $18,718,000 below the 
budget request. This account provides for the salaries and 
expenses associated with the statistical programs of the Bureau 
of the Census, including measurement of the Nation's economy 
and the demographic characteristics of the population.

                     PERIODIC CENSUSES AND PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011....................................    $891,214,000
Budget estimate, 2012...................................     752,711,000
Committee recommendation................................     690,000,000

    The Committee's recommendation provides $690,000,000 for 
periodic censuses and programs. The recommendation is 
$201,214,000 below the fiscal year 2011 enacted level and 
$62,711,000 below the budget request.
    This account provides for the constitutionally mandated 
decennial census and other programs that are cyclical in 
nature. Additionally, individual surveys are conducted for 
other Federal agencies on a reimbursable basis.
    Periodic Census Programs.--The Committee's recommendation 
supports the Bureau's efforts to improve information security 
and data management, but the Committee remains concerned about 
the Bureau's ability to contain costs. The Committee's 
recommendation provides $1,000,000 for the Office of the 
Inspector General [OIG] to continue oversight and audits of the 
2010 decennial operations and to provide the Bureau and 
Congress with independent recommendations for improving 
operations, which will be useful for the next decennial census. 
The Bureau is directed to incorporate all OIG recommendations 
as it transitions into the 2020 decennial, including: a 
thorough review of the training process; better communication 
of Census' various enumeration practices; and increased budget 
transparency.
    Economic Census.--The Committee strongly supports the 
Economic Census, and directs the Bureau to preserve funding 
when considering reductions. The Committee's mark provides 
latitude for the Bureau to make financial decisions, but any 
programmatic decreases should first focus on reductions to 
periodic censuses and agency-wide administrative cost savings.
    Monthly Status Reports.--Census is directed to continue its 
dashboard monthly status reports to the Committee as it 
transitions into preparations for the 2020 decennial.
    2020 Decennial Census.--As the 2010 decennial census 
concludes, preparations are already underway for the 2020 
decennial census operations. The Committee directs the Bureau 
to seriously examine lessons-learned from this recent decennial 
census to create more cost-effective operations.
    The Bureau has a unique opportunity to prove that 
Government can work smarter and save the taxpayers money by 
streamlining operations, eliminating wasteful processes, 
providing better financial oversight, and taking better 
advantage of technology, especially in information gathering 
and data management. Therefore, the Committee directs the 
Bureau to consider budgeting for the 2020 decennial census at a 
level less than the 2010 Census and to further consider 
spending less than the 2000 Census, not adjusting for 
inflation. Within 90 days of enactment of this act, the Bureau 
shall provide the Committee with a report that includes a 
strategic and budgetary plan for achieving this goal. The plan 
should include specific actions the Bureau can take to save 
money compared to the 2010 decennial census and descriptions of 
any challenges the Bureau anticipates that could prevent it 
from staying below the 2010 or even the 2000 spending level.

       National Telecommunications and Information Administration


                         SALARIES AND EXPENSES

Appropriations, 2011....................................     $40,568,000
Budget estimate, 2012...................................      55,827,000
Committee recommendation................................      45,568,000

    The Committee's recommendation provides $45,568,000 for 
National Telecommunications and Information Administration 
[NTIA] salaries and expenses. The recommendation is $5,000,000 
above the fiscal year 2011 enacted level and $10,259,000 below 
the budget request.
    The Committee retains language from previous years allowing 
the Secretary of Commerce to collect reimbursements from other 
Federal agencies for a portion of the cost of coordination of 
spectrum management, analysis, and operations. NTIA shall 
submit a report to the Committee no later than June 1, 2012, 
detailing the collection of reimbursements from other agencies 
related to spectrum management, analyses, and research. The 
Committee provides additional funding to allow NTIA to continue 
monitoring and administering broadband grants to ensure that 
funds are used appropriately by recipients.

    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING, AND CONSTRUCTION

Appropriations, 2011....................................      $1,000,000
Budget estimate, 2012...................................................
Committee recommendation................................................

    The Committee provides bill language allowing the NTIA to 
continue oversight and administration of previously awarded 
grants. NTIA shall not use unobligated balances to award new 
grants.

               United States Patent and Trademark Office


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011....................................  $2,090,000,000
Budget estimate, 2012...................................   2,706,313,000
Committee recommendation................................   2,706,313,000

    The Committee's recommendation provides $2,706,313,000 for 
the United States Patent and Trademark Office [USPTO], which is 
equal to the budget request, to be derived from offsetting fee 
collections.
    USPTO is the central hub of an innovation friendly 
Government. USPTO examines patent applications, grants patent 
protection for qualified inventions, and disseminates 
technological information disclosed in patents. USPTO also 
examines trademark applications and provides Federal 
registration to owners of qualified trademarks.
    Budget Execution.--The Committee continues to support 
allowing USPTO full access to patent and trademark fees and 
provides language allowing USPTO to retain any revenue in 
excess of appropriated levels. The Committee notes that a 
September 1, 2011, letter from the Director of USPTO informed 
the Committee that the agency would expect to collect roughly 
$88,100,000 less fee revenue compared to the 2012 budget 
request. Nevertheless, the Committee has provided the full 
request to allow for expenditure of increased fee collections 
should they materialize.
    However, such financial buffers do not absolve the agency 
from creating sound requirements-based budgets and executing 
them responsibly. During the 2011 continuing resolution, USPTO 
executed at a higher spend rate than was authorized under 
current law, choosing instead to follow a rate based on high 
fee projections and high expectations for final appropriations 
levels. In doing so, USPTO aggressively moved ahead with new 
initiatives during a time of financial uncertainty.
    When USPTO's final 2011 budget authority was not as high as 
the agency had erroneously anticipated--despite having received 
a 10 percent increase above 2010 levels--USPTO faced a self-
inflicted funding shortfall more than halfway through the year. 
USPTO was forced to drastically cut back on basic core 
operations by eliminating employee overtime and discontinuing 
basic training opportunities. USPTO reacted like an agency 
whose budget had been slashed, and struggled to find financial 
stability throughout the rest of the fiscal year at time when 
it should have prospered. Until the agency refrains from 
chasing the peaks of fee estimates, which is how USPTO found 
itself in financial trouble in previous years, core operations 
will continue to suffer.
    USPTO's actions during fiscal year 2011 show that patent 
backlog and pendency issues are not fundamentally connected to 
a lack of funds, but rather, are the result of a lack of sound 
fiscal management. After all, USPTO's appropriations have grown 
71 percent since 2004, consistently increasing each year, and 
yet the patent backlog has only recently started to decline 
ever so slightly. Regardless of whether fee revenues are on the 
rise or on the decline, USPTO should endeavor to execute its 
budget based on the fees it actually collects. The Committee 
provides $1,000,000 for the Office of Inspector General [OIG] 
to continue oversight and audits of USPTO operations and budget 
transparency, and USPTO is directed to work with the Department 
of Commerce to incorporate all OIG recommendations.
    Fee Collections Projections.--The Committee directs the 
USPTO to provide quarterly reports on its projected fee 
collections, and to notify the Committee during any month when 
significant changes in such projections prompt serious concern 
or require drastic budgetary responses.
    Reprogramming and Spend Plan.--USPTO is required to follow 
the reprogramming procedures outlined in section 505 of this 
act before using excess fee collections to forward fund 
expenses beyond fiscal year 2012. Any deviations from the 
funding distribution provided for in this act, including 
carryover balances, are subject to the standard reprogramming 
procedures set forth in section 505 of this act. USPTO is 
directed to provide a spend plan for fiscal year 2012, within 
30 days of enactment of this act, incorporating all carryover 
balances from previous fiscal years, and describing any changes 
to the patent or trademark fee structure. Any changes from the 
spend plan shall also be subject to section 505 of this act. 
USPTO is directed to submit all reprogramming, spend plans and 
budget justifications to the Committee through the Department 
of Commerce.
    Satellite Offices.--The Committee supports USPTO's 
nationwide workforce program and provides full access to fee 
collections, which are sufficient for the agency to continue 
the establishment of satellite offices. In addition, the 
Committee recognizes the value of creating more satellite 
offices in regions with a high volume of patents filed and 
issued that provide easy access to transportation options to 
accommodate patent seekers. Accordingly, the Committee directs 
USPTO, when selecting locations for additional satellite 
offices, to factor in the volume of patent activity, access to 
transportation options and proximity to a high concentration of 
universities and patent experts. In addition, USPTO is 
encouraged to locate to sites within a region that meet these 
criteria and that can lower operating costs.
    Overseas Patent Protection and Small Businesses.--
Protecting U.S. patents can be very costly when the protection 
extends to foreign countries, especially non-English speaking 
countries where translation is required. Once filed, a company 
has only 18 months to acquire the resources to protect patents 
overseas. For large companies, this practice is financially 
manageable, but small businesses must acquire sufficient 
venture capital to afford international patenting costs, 
usually at the expense of creating new jobs or expanding to new 
ventures. Given today's global marketplace, U.S.-only patent 
holdings are no longer sufficiently lucrative, and protection 
outside the United States may mean the difference between 
success and failure for some companies. One tool that could 
help these small businesses protect their intellectual property 
would be a revolving fund for international patent protection, 
which would allow U.S. companies to apply for financial support 
to help offset patent protection costs. The fund could be 
replenished by the successful return on investment once the 
patents are awarded and the company grows.
    The Committee directs the Department of Commerce, working 
with the USPTO and the International Trade Administration, to 
provide the Committee with a report within 90 days of enactment 
of this act detailing recommendations on how best to help small 
businesses with international patent protection. If such a fund 
is a reasonable option, the Department should recommend an 
initial level of appropriations, and how the fund could be 
managed. The Department should include suggested criteria for 
who would be eligible to apply for the program, what criteria 
companies would be selected to receive funding, and how the 
fund could become financially self-sufficient. If a fund is not 
a suitable option, then the Department should provide other 
suggestions to mitigate the problem these small businesses 
face.

             National Institute of Standards and Technology

Appropriations, 2011....................................    $750,097,000
Budget estimate, 2012...................................   1,001,130,000
Committee recommendation................................     680,000,000

    The Committee's recommendation provides $680,000,000 for 
the National Institute of Standards and Technology [NIST]. The 
recommendation is $70,097,000 below the fiscal year 2011 
enacted level and $321,130,000 below the budget request. Up to 
$9,000,000 may be transferred from the Scientific and Technical 
Research and Services account to the Working Capital Fund.
    NIST's mission is to promote U.S. innovation and industrial 
competitiveness by advancing measurement science, standards, 
and technology in ways that enhance economic security and 
improve our quality of life.
    A description of each NIST account and the corresponding 
Committee recommendation follows in the subsequent three 
headings.

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

Appropriations, 2011....................................    $506,984,000
Budget estimate, 2012...................................     678,943,000
Committee recommendation................................     500,000,000

    The Committee's recommendation provides $500,000,000 for 
NIST research and services. The recommendation is $6,984,000 
below the fiscal year 2011 enacted level and $178,943,000 below 
the budget request.
    National Cybersecurity Center of Excellence.--The Committee 
is aware of investments being made to secure our Nation's 
national and defense industrial base from the growing threat of 
cyber attacks. While a number of Federal agencies play a role 
in this important area of information assurance, the Committee 
notes that NIST, as the Nation's standards setting entity, 
plays a critical role in this area because it is the only 
Federal lab whose mission is to collaborate with the private 
sector on standards. The Committee directs the Director of NIST 
to establish and operate a National Cybersecurity Center of 
Excellence [NCCOE] at the level of $10,000,000 from within 
funds provided in accordance with the direction provided in 
Senate Report 111-229.
    The Committee supports the new national program office of 
the National Strategy for Trusted Identities in Cyberspace, and 
directs NIST to provide the required amount of $24,000,000 to 
support the program. NIST is also directed to maintain, at a 
minimum, current fiscal year 2011 funding levels for all other 
cybersecurity activities.
    Greenhouse Gas Measurements.--The Committee supports NIST's 
greenhouse gas measurement program, especially as it relates to 
leveraging existing assets and services from private sector 
partners. Augmenting the program through a collaborative 
approach is expected to deliver substantial cost savings and 
efficiencies as well as position the program for long-term 
sustainability. NIST is directed to partner with networks that 
are national in scale and possess attributes consistent with 
high quality atmospheric and weather monitoring systems, 
including highly trained field teams capable of installing and 
maintaining research grade environmental sensing equipment; 
comprehensive data collection, processing and dissemination 
infrastructure; as well as demonstrated experience 
collaborating with the Federal Government through the provision 
of environmental observing system data.
    Facility Security.--The Committee is concerned that plans 
to change security operations at NIST's campuses are underway 
even though such changes would impact appropriations. The 
Committee directs NIST and the Federal Protective Service [FPS] 
to provide the Committee with a detailed briefing on the 
rationale for any changes to security operations as well as a 
thorough analysis of the costs and personnel impacts. The 
Committee notes related concerns have been raised in the 
committee report accompanying the fiscal year 2012 Homeland 
Security appropriations bill. The Committee is concerned that 
there could be a negative budgetary impact on NIST's programs 
as a result of a transfer of security operations to the FPS. 
Therefore, any change to NIST's current security operations 
shall be treated as a reprogramming and shall adhere to the 
guidance provided in section 505 of this act.

                     INDUSTRIAL TECHNOLOGY SERVICES

Appropriations, 2011....................................    $173,253,000
Budget estimate, 2012...................................     237,622,000
Committee recommendation................................     120,000,000

    The Committee's recommendation provides $120,000,000 for 
Industrial Technology Services. The recommendation is 
$53,253,000 below the fiscal year 2011 enacted level and 
$117,622,000 below the budget request. Supporting the Nation's 
manufacturers, especially small businesses, is critical to 
keeping America innovative in a global marketplace. The 
Committee's recommendation provides $120,000,000 for the 
Hollings Manufacturing Extension Partnership Program.
    The Committee notes that the fiscal year 2011 level 
provided no new funding for the Technology Innovation Program 
[TIP]. Regrettably, the Committee is unable to provide funding 
to continue TIP grants in 2012 or to continue the Baldrige 
Performance Excellence Program.

                  CONSTRUCTION OF RESEARCH FACILITIES

Appropriations, 2011....................................     $69,860,000
Budget estimate, 2012...................................      84,565,000
Committee recommendation................................      60,000,000

    The Committee's recommendation provides $60,000,000 for 
construction of research facilities. The recommendation is 
$9,860,000 below the fiscal year 2011 enacted level and 
$24,565,000 below the budget request.
    The recommendation funds the highest-priority construction, 
maintenance, and repair projects at NIST. The Committee directs 
NIST to provide quarterly reports on the status of all 
construction projects.

            National Oceanic and Atmospheric Administration


                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011....................................  $4,588,033,000
Budget estimate, 2012...................................   5,485,734,000
Committee recommendation................................   5,022,271,000

    The Committee's recommendation provides $5,022,271,000 for 
the National Oceanic and Atmospheric Administration [NOAA]. The 
recommendation is $434,238,000 above the fiscal year 2011 
enacted level and $463,463,000 below the budget request.
    The Committee faces a difficult challenge in meeting the 
costs of developing NOAA's Joint Polar-orbiting Satellite 
System [JPSS]. This is an important project, but given the 
constrained resources available in fiscal year 2012, the 
Committee is deeply concerned about the long-term drain that 
this program could have on NOAA's other commitments, 
particularly in weather forecasting and critical investments in 
our ocean and coastal resources. While working to address the 
needs of the JPSS program, the Committee has tried to maintain 
its strong support of NOAA's overall mission.

                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2011....................................  $3,182,511,000
Budget estimate, 2012...................................   3,377,607,000
Committee recommendation................................   3,134,327,000

    The Committee's recommendation provides $3,134,327,000 for 
NOAA's operations, research, and facilities. The recommendation 
is $48,184,000 below the fiscal year 2011 enacted level and 
$243,280,000 below the budget request.

                      NOAA NATIONAL OCEAN SERVICE

    The Committee's recommendation provides $478,653,000 for 
the National Ocean Service [NOS]. NOS programs provide 
scientific, technical, and management expertise to promote safe 
navigation; assess the health of coastal and marine resources; 
respond to natural and human-induced threats; and preserve the 
coastal ocean and global environments.
    The Committee's recommendations are displayed in the 
following table:

       NATIONAL OCEAN SERVICE OPERATIONS, RESEARCH, AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Navigation Services...................................          151,600
Ocean Resources Conservation and Assessment...........          101,495
    Integrated Ocean Observing System.................          (37,650)
    Coastal Services Centers..........................          (37,099)
    Coral Reef Programs...............................          (26,746)
Response and Restoration..............................           26,531
National Centers for Coastal Ocean Science [NCCOS]....           49,000
    NCCOS Headquarters................................          (36,000)
    Competitive External Research (HABs, Hypoxia and            (13,000)
     Regional Ecosystem)..............................
Ocean and Coastal Management:.........................          150,027
    CZM Grants........................................          (66,146)
    CZM and Stewardship...............................           (8,500)
    National Estuarine Research Reserve System........          (22,281)
    Regional Ocean Partnership Grants.................           (3,500)
    Marine Protected Areas............................           (2,000)
    Marine Sanctuary Program Base.....................          (47,600)
                                                       -----------------
      TOTAL, NOS......................................          478,653
------------------------------------------------------------------------

    Navigation Services.--Within the Committee's recommendation 
for NOAA's navigation services, no less than $49,692,000 shall 
be for Mapping and Charting and no less than $31,000,000 shall 
be for the Address Survey Backlog. The Committee also supports 
the request for Integrated Ocean and Coastal Mapping, and 
favors this approach of maximizing NOAA's own existing dataset 
to better serve the ocean and coastal management community 
rather than creating a new program through Coastal and Marine 
Spatial Planning. NOAA can fulfill the data integration goals 
of the National Ocean Policy by first maximizing existing 
operations and leveraging well-established relationships the 
agency already has with ocean researchers and coastal resource 
managers. To this end, all of NOAA's offices, not just those 
within NOS, shall provide open access to ocean and coastal 
datasets for the purposes of transparency and collaboration, 
especially the National Marine Fisheries Service. NOAA is 
directed to present all datasets in useful and meaningful ways 
to all users.
    Coastal Services Center.--The Committee provides the 
requested funding for the Coastal Services Center, which 
includes $2,800,000 for the Coastal Storms Program. An 
additional $4,000,000 is provided to continue the competitive 
Geospatial Modeling Grants Program.
    Integrated Ocean Observing System.--The Committee supports 
the administration's request of no less than $31,055,000 for 
regional partnerships, which includes funding for sensor 
technology development.
    Response and Restoration.--The bill includes $26,531,000 
for response and restoration, of which no less than $5,000,000 
shall be for marine debris activities. Extra funding is 
provided above the request to track and mitigate the immense 
debris field generated by the Japanese earthquake and tsunami 
that struck in March 2011. Based on ocean current data, the 
debris field is anticipated to impact the American Pacific 
islands as early as the end of fiscal year 2011, and the 
continental United States during fiscal year 2012.
    The Deepwater Horizon oil spill revealed that NOAA's Office 
of Response and Restoration [ORR] staff was overextended. 
Today, the agency still lacks the ability and capacity to 
effectively respond to concurrent oil or chemical spills in 
different parts of the country. While the costs of NOAA's 
response and restoration efforts for the Deepwater Horizon 
spill should ultimately be reimbursed by responsible parties, 
it is imperative that NOAA have appropriate levels of baseline 
funding to conduct response efforts as needed. NOAA is directed 
to provide the Committee with a multi-year budget starting with 
the fiscal year 2013 request that reflects an updated and more 
realistic core staffing and resource profile for ORR based on 
lessons learned from Deepwater Horizon. This request shall go 
beyond oil spill research and development, which were the only 
requested increases to ORR for 2012 and shall consider 
operational resources as the top priority.

                 NOAA NATIONAL MARINE FISHERIES SERVICE

    The Committee's recommendation provides $811,441,000 for 
the National Marine Fisheries Service [NMFS]. NMFS programs 
provide for the management and conservation of the Nation's 
living marine resources and their environment, including fish 
stocks, marine mammals, and endangered species. Using science-
based conservation, management, and restoration activities, 
these resources can benefit the Nation on a sustained basis. 
NMFS seeks to build sustainable fisheries, recover protected 
species, and sustain healthy coastal ecosystems and the 
communities that depend on them.
    Committee recommendations are displayed in the following 
table:

 NATIONAL MARINE FISHERIES SERVICE OPERATIONS, RESEARCH, AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Protected Species Research and Management.............           177,930
Fisheries Research and Management.....................           420,283
Enforcement and Observers.............................           106,806
Habitat Conservation and Restoration..................            41,789
Other Activities Supporting Fisheries.................            64,633
                                                       -----------------
      TOTAL, NMFS.....................................           811,441
------------------------------------------------------------------------

    NMFS Facilities.--Within 60 days of enactment of this act, 
NOAA is directed to provide the Committee a report detailing a 
full analysis of relocating the NMFS northeast regional office 
closer to NOAA's headquarters within 2 years. This central 
office serves the eastern seaboard from Maine to North 
Carolina, and as far west as Minnesota. Better centrally 
locating the facility in an area close to NMFS headquarters 
would allow greater coordination with senior management of NOAA 
and the Department of Commerce. The Committee believes this 
will provide for efficiencies and enhance management, while 
still maintaining a strong regional presence.
    Protected Species Research and Management.--The Committee 
provides no less than $49,653,000 for marine mammal activities 
and $12,887,000 for marine turtle activities from amounts 
within Protected Species Research and Management. NOAA is 
directed to use a portion of the funds to support section 119 
of the Marine Mammal Protection Act.
    Fisheries Research and Management.--Within the Committee's 
recommendation for fisheries research and management, no less 
than $67,120,000 shall be for annual stock assessments, 
$28,662,000 shall be for Salmon Management activities, and 
$24,446,000 shall be for fisheries statistics. Within the 
increased funding for annual stock assessments, priority shall 
be given to critically underserved regions that serve the needs 
of multiple international Regional Fishery Management 
Organizations.
    Pacific Salmon Treaty.--Within the amount provided for 
Salmon Management activities, the Committee provides a total of 
$9,759,000 to enable the States and tribal communities to move 
forward on necessary Pacific Salmon Treaty agreements. In 
addition, the Committee fully supports all other aspects of the 
budget request for Salmon Management activities that are 
essential to meeting these treaty obligations.
    American Lobster.--The southern New England stock of 
American lobster has been in decline and under increasing 
stress. Although the Atlantic States Marine Fishery Commission 
exercises primary regulatory responsibility for this fishery, 
portions of six out of seven management areas are in Federal 
waters. NMFS implements complementary regulations for the 
fishery in these areas, but a dearth of data about the 
condition of this fishery still exists. To improve coordination 
and consistency, NMFS is directed to engage the industry in 
conducting surveys and research that complements activities 
undertaken by the States.
    Bycatch Reduction.--The development and implementation of 
practical bycatch solutions is a priority of U.S. and 
international fisheries management and protected species 
conservation. The Committee supports the requested amount for 
Reducing Bycatch, of which NMFS is directed to make $2,500,000 
available for competitive grants to non-Federal researchers 
working with U.S. fishermen on the development of improved 
fishing practices and innovative gear technologies.
    Shellfish Research.--The Committee expects NOAA to use an 
appropriate portion of the research funding to support 
projects--conducted collaboratively by universities and 
commercial shellfish producers--that produce improved shellfish 
broodstock, and also monitor and mitigate the effects of 
pathogens and ocean acidity on shellfish production.
    Enforcement and Observation.--The Committee provides a 
total of $65,732,000 for fisheries enforcement and 
surveillance, and a total of $41,074,000 for fisheries 
observers and observer training.
    The Committee is concerned that the transition to the 
Northeast Multispecies Fishery Sector Management Program 
continues to present substantial financial challenges to the 
economic sustainability of fishing communities throughout the 
northeast region. Within the funds provided, the Committee 
directs NMFS to provide adequate funding for at-sea and 
dockside monitoring for fisheries transitioning to approved 
catch share management plans.
    Habitat Conservation and Restoration.--The Committee 
provides a total of $41,789,000 for habitat conservation and 
restoration programs. For the fiscal year 2013 budget request, 
NOAA is directed to consolidate funding for restoration and 
conservation grant programs throughout the agency, not only 
within NMFS, including the Estuary Restoration Program, the 
Damage Assessment, Remediation and Restoration Program, and the 
Coastal and Estuarine Land Protection Program. NOAA is directed 
to work with its Federal and non-Federal partners to prioritize 
which funding sources are most important to communities, 
eliminate duplicative activities and administration, and 
establish a reasonable path forward for sound environmental 
restoration within the scope of the agency's authorization and 
financial potential.
    Other Activities Supporting Fisheries.--The Committee 
provides a total of $64,633,00 for other activities supporting 
fisheries, of which not less than $11,000,000 shall be for 
cooperative research, $12,228,000 for Regional Studies and 
$8,000,000 for aquaculture activities. Within 15 days of 
obligating Cooperative Research funding, the agency is directed 
to provide the Committee with a report detailing all grants 
management information about Cooperative Research recipients 
including indirect costs and overhead charges.
    Regional Studies.--The Committee supports the request for 
regional studies. NOAA's Chesapeake Bay Office [CBO] is 
directed to collaborate with State agencies and the National 
Sea Grant Programs to advance multiple species management. The 
Committee also directs NOAA to provide the Committee with a 
report within 60 days of enactment of this act detailing a 
clear strategic plan for transferring the Cooperative Oxford 
Laboratory [COL] from the National Centers for Coastal Ocean 
Science to CBO.
    Fisheries Asset Forfeiture Fund.--The Committee recognizes 
that the administration has improved the accounting procedures 
for the Fisheries Asset Forfeiture Fund and therefore provides 
bill language in section 110 of this title that allows for 
further fiscal transparency. The Committee is also aware of 
associated proposals to redirect the use of the fund to 
activities other than fisheries enforcement. However, the 
Committee's concerns about this fund focus more on financial 
oversight than authorized uses. Any newly proposed uses of the 
funds that may deviate from activities outlined in section 
311(e) of the Magnuson-Steven Fisheries Conservation and 
Management Act should be addressed though the Senate Committee 
on Commerce, Science, and Transportation.

                 NOAA OCEANIC AND ATMOSPHERIC RESEARCH

    The Committee's recommendation provides $362,848,000 for 
Oceanic and Atmospheric Research [OAR]. OAR programs provide 
the environmental research and technology needed to improve 
NOAA weather, air quality warnings, forecasts, climate 
predictions, and marine services. To accomplish these goals, 
OAR supports a network of scientists in its Federal research 
laboratories, universities, and joint institutes and 
partnership programs.
    The Committee notes that the fiscal year 2012 request for 
NOAA's new Climate Service was made at the expense of 
substantial funding from OAR's climate research activities. The 
Committee does not see the value of having a research line 
office if research activities are requested elsewhere in the 
agency. In addition, the proposed reorganization of NOAA to 
create the Climate Service presented a unique opportunity to 
migrate research-related activities that exist in other NOAA 
line offices into OAR. However, such a consolidation was not 
proposed.
    To maintain a consistent research line office, the 
Committee retains much of the agency's climate research 
funding, include climate-related Cooperative Institutes, in 
OAR. Given the pending fiscal constraints facing the agency, 
NOAA needs to make a decision about the future of research 
within the agency. The Committee directs NOAA to include in its 
fiscal year 2013 request either a more realistic and viable 
justification for OAR, or to propose to eliminate basic 
research from NOAA's portfolio and incorporate OAR's applied 
research functions into their respective line offices.
    Committee recommendations are displayed in the following 
table:

  OCEANIC AND ATMOSPHERIC RESEARCH OPERATIONS, RESEARCH AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                                                         recommendation
------------------------------------------------------------------------
Climate Research.....................................           163,483
    Laboratories and Cooperative Institutes..........           (53,483)
    Competitive Research Program.....................          (110,000)
Weather and Air Quality Research Programs............            62,596
Ocean, Coastal, and Great Lakes Research.............           124,769
    Laboratories and Cooperative Institutes..........           (24,246)
    National Sea Grant College Program...............           (65,000)
    Ocean Exploration................................           (29,523)
    Integrated Ocean Acidification...................            (6,000)
High-performance Computing Initiatives...............            12,000
                                                      ------------------
      TOTAL, OAR.....................................           362,848
------------------------------------------------------------------------

    Laboratories and Cooperative Institutes.--The Committee 
remains concerned that NOAA is underfunding cooperative 
institutes and creating new partnerships with the external 
community under false pretenses. The Committee provides an 
increase to help bridge the gap but expects the administration 
to fully fund these cooperative institutes, including well-
established institutes focused on coral reef research and 
watershed impacts on marine ecosystems, and laboratories at 
appropriate levels in future years.
    National Sea Grant College Program.--The Committee provides 
$65,000,000, of which $5,000,000 is for marine aquaculture 
research and $1,200,000 is for aquatic invasive species 
research; both activities shall be coordinated by NOAA's Sea 
Grant office. The Committee continues to recognize the 
important role the Sea Grant program plays in connecting 
coastal and Great Lakes communities with practical research and 
results, and encourages the growth of this program in future 
budget requests.
    Unmanned Aerial Systems.--The Committee encourages NOAA to 
continue research involving unmanned aerial systems that could 
support the agency's operations, especially weather forecasting 
and hurricane tracking.

                     NOAA NATIONAL WEATHER SERVICE

    The Committee's recommendation provides $893,480,000 for 
the NOAA National Weather Service [NWS]. NWS programs provide 
timely and accurate meteorologic, hydrologic, and oceanographic 
warnings and forecasts to ensure the safety of the population, 
mitigate property losses, and improve the economic productivity 
of the Nation. NWS is also responsible for issuing operational 
climate forecasts for the United States. Of the amounts 
provided, no less than $631,121,000 shall be for Local Warnings 
and Forecasts.
    NWS Operations and Organization.--The National Academy of 
Sciences is currently conducting an end-to-end assessment of 
the NWS modernization and will be making recommendations on how 
NWS can improve current partnerships with Federal and non-
Federal partners and incorporate new technologies for improved 
services. With regards to organizational structure internal to 
NWS, NOAA is directed to enter into a contract with the 
National Academy of Public Administration for the purposes of 
evaluating efficiencies that could be made to the NWS 
organization. Given the current fiscal climate, such 
independent information will be important to the Committee and 
to the administration to make informed decisions about future 
budget requests that support NWS operations.
    National Mesonet Strategy.--The need for significant 
improvement to the Nation's mesoscale weather observing 
capabilities is well documented. Many Federal agencies 
including the Department of Commerce, the Department of 
Transportation, and the Department of Energy, along with State 
and local agencies, and the private and academic sectors have 
long desired a national mesonet for improved comprehensive 
understanding of our environment. A national mesonet is a 
nationwide, integrated network of surface-based, atmospheric 
monitoring sensors at the county and local scale that will 
improve real-time detection and forecasting of weather, 
especially high-impact severe weather. However, progress toward 
a national mesonet has been sporadic and often not focused. In 
order to satisfy this critical national need, the Director of 
NWS shall lead a study that establishes a peer-reviewed plan 
and budget for finally achieving a national mesonet, including 
the role of the Meteorlogical Assimilation Data Ingest System 
[MADIS] and the evolution of this observation network to 
include climate sensors for the study of greenhouse gas 
emissions. This study should include users and data providers, 
and it should involve the private sector, academia, and the 
government at the local, State, and Federal levels. It should 
be delivered with specific recommendations on implementation no 
later than 180 days from enactment of this act.
    National Mesonet Operations.--Within amounts provided for 
NWS, $16,000,000 shall be for continuation and expansion of the 
competitive National Mesonet Program, including: (1) 
$10,000,000 to procure data to support programs previously 
funded under the National Mesonet initiative; (2) $3,000,000 
for expansion of procurements of surface in-situ observations 
from non-Federal networks in urban and nonurban regions of the 
country for purposes of monitoring weather, climate and 
dispersion forecasting, of which 75 percent of the funds shall 
be for data procurements (such as exclusive software or 
infrastructure necessary for the acquisition of the data) from 
existing networks within Urban Area Security Initiative 
eligible cities not already covered by NOAA's Mesonet network 
that possess significant in-place observing assets and 
demonstrated records of performance, including well-spaced 
commercial grade observing systems within a 30-mile radius of 
each city center, delivery of consistently high-quality 
observations in near real-time and with 1-minute frequency, 
supported by continuous operations center as well as highly 
trained and equipped field personnel responsible for documented 
maintenance, calibration and metadata collection activities, of 
which 25 percent of the funds shall be utilized specifically 
for data procurements from existing networks in non-urban areas 
that possess similar demonstrated records of performance for 
network size, operations and maintenance; (3) $1,500,000 for 
continued transition to operation of the Mobile Platform 
Environment [MoPED] system with expansion to additional vehicle 
fleets and other mobile platforms; (4) $750,000 for 
enhancements to MADIS, including continued evolution of 
metadata handling and performance capabilities; and (5) 
$500,000 for the National Mesonet program office for oversight 
and data utilization initiatives. NOAA is expected to include a 
robust and expanded national mesonet program in its fiscal year 
2013 budget request.
    Severe Storm Forecasts.--The Committee is concerned that 
NOAA depends on 30-year-old technology to forecast severe 
storms, despite the existence of advanced remote sensing 
technology that could significantly improve forecasting 
capability and increase warning times. Therefore, the Committee 
directs NOAA to develop a plan for a mid-decade deployment of 
an advanced hyper-spectral sounder to improve the forecasting 
of severe weather and do so in the most timely, efficient and 
cost-effective means possible. NOAA shall submit this plan to 
the Committee within 90 days of enactment of this act.
    Flood Forecasts.--The Committee provides an additional 
$2,000,000 to NOAA's request for Advanced Hydrological 
Prediction Services for a total of $8,119,000, and directs the 
agency, working in consultation with the U.S. Geological Survey 
and the U.S. Army Corps of Engineers, to enter into formal 
agreements with river commissions throughout the country for 
the purposes of leveraging stream and river data and 
information for coordinated flood forecasts. Initial priority 
for creating such agreements shall be given to Federal-
interstate compact commissions given their unique congressional 
authority. River commissions provide critical data to NWS via a 
network of stream and rain gages which is used to create 
accurate and timely flood forecasts and warnings, thereby 
saving human lives.

                NATIONAL ENVIRONMENTAL SATELLITE SERVICE

    The Committee's recommendation provides $110,490,000 for 
the National Environmental Satellite Service [NESS] operations. 
NESS programs operate environmental polar-orbiting and 
geostationary satellites and collect and archive global 
environmental data and information for distribution to users in 
commerce, industry, agriculture, science and engineering, the 
general public, and Federal, State and local agencies.

                          NOAA CLIMATE SERVICE

    The Committee recommendation provides $161,549,000 for the 
NOAA Climate Service, of which $27,803,000 is for Integrated 
Climate Services, and $133,746,000 is for Observations and 
Monitoring. The funding requested by the administration for 
climate activities that directly relate to competitive research 
and Cooperative Institutes is funded within OAR.
    Within the funds provided, no less than $7,000,000 shall be 
for Regional Services, no less than $6,000,000 for the Climate 
Data Modernization Program, and NOAA is also directed to 
continue funding the National Coastal Data Development Center 
per the administration's request.

                       NOAA-WIDE PROGRAM SUPPORT

    The Committee recommendation provides $431,964,000 for 
NOAA-wide program support. These programs provide for overall 
NOAA management, including staffing of the Under Secretary's 
office and services to NOAA and DOC field offices through the 
regional Administrative Support Centers. These programs also 
support NOAA's Education Office consistent with the 
recommendations of the Joint Ocean Commission. The facilities 
subactivity provides for repair and maintenance to existing 
facilities, facilities planning and design, and environmental 
compliance. The Office of Marine and Aviation Operations 
provides aircraft and marine data acquisition, repair, and 
maintenance of the existing fleet, planning of future 
modernization, and technical and management support for NOAA-
wide activities through the NOAA Commissioned Officer Corps.
    Committee recommendations are displayed in the following 
table:

          PROGRAM SUPPORT OPERATIONS, RESEARCH, AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Corporate Services....................................           219,291
NOAA Education Program................................            31,540
Marine and Aviation Operations and Maintenance........           181,133
                                                       -----------------
      TOTAL, PROGRAM SUPPORT..........................           431,964
------------------------------------------------------------------------

    Corporate Services.--The Committee remains concerned about 
the lack of transparency of all administrative costs incurred 
by NOAA's corporate staff and line offices, including regional 
and field offices. A January 2011 GAO report, commissioned by 
this Committee, validates these concerns by recommending that 
NOAA improve its policies and procedures for providing 
management and administration [M&A] services. Without 
transparent accounting, the Committee will not know the true 
agency-wide administrative costs that currently far outweigh 
the corporate services appropriation. NOAA has continued to tax 
line office programs for a portion of its corporate 
administrative costs through a direct billing process that is 
not visible to the Committee. Over the past 5 years, the 
corporate services appropriation has accounted for a declining 
share of total NOAA corporate administrative costs, while the 
direct billing share of these costs has increased 
significantly.
    The Committee directs NOAA to implement the GAO 
recommendations by requiring NOAA's headquarters, line offices, 
and financial management centers to document policies and 
procedures for M&A services provided, in line with internal 
control and Federal cost accounting standards. Such 
documentation should include at a minimum: (1) policies 
regarding the types of M&A services provided; (2) the 
procedures used each year to determine the costs of M&A 
services; (3) policies and procedures for assigning the costs 
of M&A services to specific programs, activities, or outputs 
that benefit from the services and the results of that cost 
assignment; and (4) the justification for why those assignments 
are appropriate.
    In addition, the Committee directs NOAA to include a report 
with the 2012 spend plan that identifies total NOAA 
administrative costs for fiscal years 2011 and 2012 for NOAA 
corporate staff and for each line office, 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 
financial management centers, for the standard administrative 
functions described above. Similar tables shall be included in 
all subsequent NOAA annual budget justifications provided to 
Congress.
    Education.--Within the funds provided for NOAA's Education 
Program, $8,040,000 is for competitive educational grants, of 
which $2,500,000 is to continue the ocean education 
partnerships and $2,000,000 is to improve geographic literacy 
in our Nation's schools by utilizing NOAA's national network of 
weather and environmental activities; $14,300,000 is for the 
educational partnership program with minority serving 
institutions; and a total of $7,200,000 is provided for Bay-
Watershed Education and Training regional programs.
    Justification Improvement.--NOAA is directed to continue to 
work with the Committee to reformat the budget justification 
into a more transparent, informative and user-friendly 
document.
    Research and Development [R&D] Tracking and Outcomes.--The 
Committee directs NOAA to continue to track the division of R&D 
funds between intramural and extramural research; assure 
consistency and clarity in the collection and reporting of 
data; clearly state expected research outcomes and available 
funding to provide transparency into the competitive grant 
process; and increase extramural research funding in future 
requests to build broad community support and leverage external 
funding for mission-oriented research.
    Marine and Aviation Services.--Within the funds provided 
for marine and aviation services, no less than $29,358,000 
shall be for aviation operations.

               PROCUREMENT, ACQUISITION, AND CONSTRUCTION

Appropriations, 2011....................................  $1,332,682,000
Budget estimate, 2012...................................   2,052,777,000
Committee recommendation................................   1,833,594,000

    The Committee's recommendation provides $1,833,594,000 for 
NOAA's procurement, acquisition, and construction. The 
recommendation is $500,912,000 above the fiscal year 2011 
enacted level and $219,183,000 below the budget request.
    Committee recommendations are displayed in the following 
table:

                PROCUREMENT, ACQUISITION AND CONSTRUCTION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                                                         recommendation
------------------------------------------------------------------------
National Ocean Service:
    Coastal and Estuarine Land Protection Program....             5,000
    National Estuarine Research Reserve Construction              1,690
     and Land Acquisition............................
    Marine Sanctuaries Construction/Acquisition......             5,495
                                                      ------------------
      Total, National Ocean Service--PAC.............            12,185
                                                      ==================
Climate Service:
    Research Super Computing.........................             6,379
    Regional Climatology Network Modernization.......             3,700
    EOS & Advanced Polar Data Processing,                           990
     Distribution & Archiving........................
    Data Center Modernization........................             2,846
    CLASS............................................             6,476
                                                      ------------------
      Total Climate Service..........................            20,391
                                                      ==================
National Weather Service:
    ASOS.............................................             1,635
    AWIPS............................................            23,952
    NEXRAD...........................................             5,819
    NWSTG Legacy Replacement.........................             1,195
    Radiosonde Network Replacement...................             4,014
    Weather and Climate Supercomputing...............            33,174
    Complete and Sustain NOAA Weather Radio..........             5,594
    NOAA Profiler Network............................             5,000
    WFO Construction.................................             3,150
                                                      ------------------
      Total, National Weather Service--PAC...........            83,533
                                                      ==================
National Environmental Satellite Services:
    Geostationary Systems [GOES-N]...................            33,967
    Geostationary Systems [GOES-R]...................           617,390
    Polar Orbiting Systems [POES]....................            34,816
    Joint Polar Satellite Systems [JPSS].............           920,794
    JASON-3..........................................            20,306
    DSCOVR...........................................            47,300
    CIP--single point of failure.....................             2,772
    NPP Data Exploration.............................             4,455
    Satellite CDA Facility...........................             2,228
    Restoration of Climate Sensors...................            28,957
                                                      ------------------
      Total, NESS--PAC...............................         1,712,985
                                                      ==================
Program Support:
    Vessel Equip. and Tech Refresh...................            11,100
    New Vessel Construction..........................             1,400
                                                      ------------------
      Total, Program Support--PAC....................            12,500
                                                      ==================
Unobligated balances from prior years................            (8,000)
                                                      ------------------
      GRAND TOTAL, PAC...............................         1,833,594
------------------------------------------------------------------------

    Joint Polar Satellite System [JPSS].--The Committee 
provides $920,794,000 for JPSS, which is $436,530,000 above the 
2011 spend plan level. The Committee remains concerned about 
the lack of long-term budgeting for JPSS as well as decisional 
delays caused by uncertainty over the transition of the legacy 
program, including the migration of legacy contracts to the 
JPSS program and on-going intellectual property disputes. The 
Committee has repeatedly requested updated and detailed budget 
plans for the life-cycle of the program. NOAA is reminded that 
section 112 of division B of Public Law 110-161 applies to 
JPSS, which continues as section 105 of this act.
    The original cost to complete JPSS, excluding climate 
sensors, was originally projected to surpass $11,900,000,000 
through fiscal year 2024. The Committee does not believe the 
current fiscal climate can achieve this funding level, nor will 
the Committee continue to allow a single satellite program to 
jeopardize the base funding for every other agency in this 
bill, including the erosion of NOAA's non-satellite operations. 
Therefore, the Committee directs NOAA to modify the scope and 
cost of the JPSS program in the following manner while 
preserving the mission's primary objective of providing data 
for predicting and forecasting weather.
    First, the Committee expects NOAA to reduce the program's 
total life cycle cost, with the exception of climate sensors, 
to $9,423,000,000 through 2024. This means from 2012 through 
2024, NOAA will have a remaining budget of $6,060,000,000, of 
which $920,794,000 is provided in 2012. Should JPSS operate 
beyond 2024 based on extended satellite performance, the 
Committee will certainly entertain an extension with associated 
funding.
    Second, NOAA is directed to provide the Committees with an 
updated budget plan for JPSS no later than 60 days after 
enactment of this act that keeps life cycle costs within this 
framework. In addition, the agency shall propose a firm cap on 
the costs of each payload sensor, spacecraft, and the ground 
segments. The original projected cost of a launch vehicle shall 
remain the same as originally budgeted for in February 2010. 
Funding for program management, execution and operations shall 
also be delineated, including a sufficient budget for 
contingency and reserve funding to handle unanticipated 
problems in the development of JPSS-1 and JPSS-2.
    Third, NOAA shall provide a report, within 60 days of 
enactment of this act, quantifying the value of JPSS data to 
other Federal agencies. NOAA shall establish a compensation 
policy that requires the agency to be fully reimbursed by 
appropriate Federal agencies or scientific institutions for the 
use of JPSS data, information and products. The Committee takes 
note of various agencies and institutions that have commented 
on the importance of JPSS and weather forecasting to their own 
operations and how full funding for the program is needed 
regardless of current fiscal constraints. The Committee also 
notes that none of these entities have offered any financial 
support for such an important program. Indeed, JPSS is as much 
of a national asset as it is a NOAA asset, and NOAA's baseline 
weather information shall be available to all. However, NOAA 
shall be reimbursed for any special products, services, data 
transfers, or any activities conducted in collaboration with 
any other Federal agency or non-Federal entity per section 112 
of this title.
    Fourth, NOAA is prohibited from using appropriations to 
fund the development of any JPSS-related weather or climate 
instrument to fly on any satellite outside of the JPSS program 
without the express consent of the Committee.
    Fifth, the Committee directs NOAA to ensure the launch date 
of JPSS-1 does not slip beyond the fall of 2016 to minimize the 
potential gap in civil weather forecasting. To mitigate any 
such gap, NOAA is directed to explore cost-effective and 
logistically reasonable options for acquiring weather data from 
our international space partners or from industry.
    Sixth, NOAA is directed to keep weather forecasting as the 
prime objective of the JPSS mission, and to minimize risk. To 
this end, any associated climate sensors that become the 
critical path for JPSS will be cancelled. Given the fiscal 
environment and JPSS's low tolerance for risk, NOAA shall 
explore the feasibility of using smaller platforms to 
accommodate climate sensors in order to accomplish NOAA's 
climate goals.
    NOAA Satellite Reporting.--Beginning with fiscal year 2013 
and for every fiscal year thereafter, the Committee directs 
NOAA to provide multi-year budget projections for all active 
satellite systems within the agency's request that cover the 
full life-cycle costs, including previous appropriations, 
broken out by year. For each satellite, NOAA shall clearly 
state the intended launch date listed to the closest quarter. 
At a minimum, NOAA is further directed to provide the Committee 
with quarterly programmatic and procurement status reports of 
all satellites actively flying and under development unless any 
reprogramming, system failure or other extraordinary 
circumstance warrants an immediate update.
    NOAA Pacific Regional Center.--The Committee clarifies that 
funds previously appropriated for development of the NOAA 
Pacific Regional Center are also intended for development of an 
accompanying Child Development Center.

                  PACIFIC COASTAL SALMON RECOVERY FUND

Appropriations, 2011....................................     $79,840,000
Budget estimate, 2012...................................      65,000,000
Committee recommendation................................      65,000,000

    The Committee's recommendation provides $65,000,000 for the 
Pacific Coastal Salmon Recovery Fund. The recommendation is the 
same as the budget estimate. Funds are for conservation and 
restoration of Pacific salmon populations. State and local 
recipients of this funding will provide matching contributions 
of at least 33 percent of Federal funds. In addition, funds 
will be available to tribes, which do not require matching 
dollars.

                      FISHERMAN'S CONTINGENCY FUND

Appropriations, 2011....................................................
Budget estimate, 2012...................................        $350,000
Committee recommendation................................         350,000

    The Committee's recommendation provides $350,000 for the 
Fisherman's Contingency Fund. The recommendation is $350,000 
above the fiscal year 2011 enacted level and the same as the 
President's request.

                   FISHERIES FINANCE PROGRAM ACCOUNT

Appropriations, 2011....................................         -$6,000
Budget estimate, 2012...................................         -10,000
Committee recommendation................................         -11,000

    The Committee recommends that direct loans administered 
through this account for individual fishing quotas may not 
exceed $24,000,000 and traditional direct loans may not exceed 
$59,000,000.

                                 OTHER


                        Departmental Management


                         SALARIES AND EXPENSES

Appropriations, 2011....................................     $57,884,000
Budget estimate, 2012...................................      64,871,000
Committee recommendation................................      56,726,000

    The Committee's recommendation provides $56,726,000 for 
Departmental Management Salaries and Expenses. The 
recommendation is $1,158,000 below the fiscal year 2011 enacted 
level and $8,145,000 below the budget request.
    Within Departmental Management, the Salaries and Expenses 
account provides funding for the Secretary, Deputy Secretary, 
and support staff. Responsibilities involve policy development 
and implementation affecting United States and international 
activities, as well as establishing internal goals and 
operations of the Department.
    Data Center Consolidation.--The Committee encourages DOC to 
accelerate data center consolidation efforts throughout the 
Department and to provide the Committee with a report 90 days 
from enactment of this act outlining the plan, strategy and 
cost savings of the consolidation. As an incentive for each 
Commerce agency to collaborate with DOC headquarters on this 
issue, the Committee recommends that all savings associated 
with any proposed consolidations shall remain within the 
Department. The Committee suggests that one-half of any savings 
should stay within any agency able to participate in data 
consolidation. Such funds should directly support the agency's 
base operations or any reprogramming requests submitted to the 
Committee.
    The other one-half of any savings shall fund improvements 
to the Department's internal cybersecurity controls as proposed 
in the 2012 budget request. The Committee shares the inspector 
general's concerns that DOC needs to improve cybersecurity 
protocols throughout the Department.
    National Manufacturing Strategy.--Within 180 days of 
enactment of this act, the Department is directed to submit to 
the Committee, and publish on a public Web site, a National 
Manufacturing Strategy, which assesses the Nation's 
manufacturing sector, develops a strategy that includes 
specific goals, in addition to goals in the export market, and 
outlines the initiatives the administration is pursuing to 
achieve those goals and strengthen our Nation's manufacturing 
sector.

                      RENOVATION AND MODERNIZATION

Appropriations, 2011....................................     $14,970,000
Budget estimate, 2012...................................      16,150,000
Committee recommendation................................       5,000,000

    The Committee recommendation provides $5,000,000, which is 
$9,970,000 below the fiscal year 2011 enacted level and 
$11,150,000 below the budget request for building renovation at 
the Department of Commerce.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2011....................................     $26,946,000
Budget estimate, 2012...................................      33,520,000
Committee recommendation................................      26,946,000

    The Committee recommendation provides $26,946,000. The 
recommendation is the same as the fiscal year 2011 enacted 
level and $6,574,000 below the budget request.
    In addition to funds provided under this heading, the 
Committee has recommended a transfer to the inspector general 
of $1,000,000 from the U.S. Patent and Trademark Office and 
$1,000,000 from the Census Bureau for oversight and audits of 
those activities.

               General Provisions--Department of Commerce

    Section 101 makes Commerce Department 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 salaries and expenses 
available for the hire of passenger motor vehicles, and for 
services, uniforms, and allowances as authorized by law.
    Section 103 provides the authority to transfer funds 
between Department of Commerce accounts and within NOAA 
appropriations. The provision makes transfers subject to the 
Committee's standard reprogramming procedures.
    Section 104 provides that any cost resulting from personnel 
actions shall be absorbed by the affected Department or Agency.
    Section 105 extends congressional notification requirements 
for the NOAA satellite programs.
    Section 106 provides authority for the Secretary of 
Commerce to furnish certain services within the Herbert C. 
Hoover Building.
    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 NOAA the authority to share resources 
with entities outside the agencies.
    Section 109 cancels the Coastal Zone Management Fund.
    Section 110 establishes the Fisheries Enforcement Asset 
Forfeiture Fund.
    Section 111 establishes the Sanctuaries Enforcement Asset 
Forfeiture Fund.
    Section 112 provides NOAA the authority to accept funding 
from entities outside the agencies.
    Section 113 clarifies management of highly migratory fish 
stocks.

                                TITLE II

                         DEPARTMENT OF JUSTICE

    The Committee recommends a total of $26,907,016,000 for the 
Department of Justice [DOJ]. The recommendation is $482,134,000 
below the fiscal year 2011 funding level and $1,817,323,000 
below the budget request.
    Spending cuts have real consequences, and the Committee's 
recommendation for the Department of Justice reflects that 
reality. The Committee makes tough and ultimately unpopular 
budgetary decisions regarding funding for the Department's 
critical ongoing missions and activities to protect the safety, 
security and rights of our citizens.
    The Committee must provide an increase of more than 
$350,000,000 above fiscal year 2011 to safely guard the 
Nation's growing Federal prison inmate and detention 
populations. While these activities are not considered 
mandatory for budget purposes, they are not truly discretionary 
in that the Committee has an obligation to adequately fund them 
regardless of budgetary constraints. Given the limited 
flexibility of the Federal prison and detention budget 
requests, and unless the inmate populations experience 
unforeseen decreases, the day approaches fast when Federal 
prisons and detention demands swallow the Justice Department's 
budgetary resources.
    Given these urgent challenges within current budgetary 
constraints, the Committee was forced to reduce activities for 
which it has historically provided increases. The Committee's 
recommendation regrettably cuts nearly all other Federal law 
enforcement agencies--including the Federal Bureau of 
Investigation [FBI], Drug Enforcement Administration [DEA], 
Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF], U.S. 
Marshals Service, and U.S. Attorneys--by up to 2 percent from 
fiscal year 2011 enacted levels. State and local grant programs 
are cut by over $482,000,000, or by 17 percent, compared with 
fiscal year 2011 levels. Over 20 grant programs are eliminated 
and the surviving programs face substantial reductions. Faced 
with these cuts, the Department of Justice, along with its 
State and local law enforcement and criminal justice partners, 
will struggle to carry out their mission and mandate to protect 
our Nation from terrorists, guard our neighborhoods from 
violent crime, and uphold the rule of law.
    Staying in Front of Emerging Technologies.--With the advent 
of third and fourth-generation communication networks, 
Americans will enjoy more flexibility, capabilities, and 
choices in when, where, and how they communicate than ever 
before. These technological advances will drive innovation and 
development across the economy. However, criminals are also 
capitalizing on emerging communications technologies. In the 
United States, State, local, and Federal law enforcement have 
used electronic surveillance to track down, apprehend, and 
prosecute members of drug trafficking organizations, violent 
transnational gangs, and child pornography and prostitution 
rings. Examples of such successes are the Attorney General's 
announcements earlier this year of Operation Delego, which 
targeted international online sex predators who made, 
distributed and wallowed in pornography targeting children ages 
12 and younger; Operation Shadowbox, which orchestrated a 
takedown targeting the Mexican Sinaloa Cartel and Iraqi 
narcotics trafficking elements; the FBI's international 
crackdown against computer hacking groups such as 
``Anonymous;'' and Project Delirium's arrests of thousands of 
members and associates of the notorious mafia La Familia 
Michoacana drug cartel.
    The Committee is concerned that with the rapid deployment 
of telecommunications and data communications technology, law 
enforcement does not have the ability to keep up with these 
technological changes, impacting collection, and surveillance 
capabilities. Without a proactive approach to addressing these 
technological gaps, criminal investigations will be crippled. 
The Committee directs the Attorney General to report to the 
Committee no later than 60 days after enactment of this act on 
whether the Department of Justice has the resources it needs to 
preserve law enforcement's electronic surveillance capabilities 
in the face of third and fourth generation communication 
technologies. If not, the Committee directs the Attorney 
General to provide recommendations on what resources are 
necessary to ensure that Federal law enforcement agencies, as 
well as State and local law enforcement, maintain the 
technological capabilities to conduct lawful electronic 
surveillance.

                         General Administration


                         SALARIES AND EXPENSES

Appropriations, 2011....................................    $118,251,000
Budget estimate, 2012...................................     134,225,000
Committee recommendation................................     115,886,000

    The Committee's recommendation provides $115,886,000 for 
General Administration salaries and expenses. The 
recommendation is $2,365,000 below the fiscal year 2011 enacted 
level and $18,339,000 below the budget request.
    The General Administration account provides funding for 
senior policy officials responsible for Departmental management 
and policy development. The specific offices funded by this 
account include the following: the immediate Office of the 
Attorney General; the immediate Office of the Deputy Attorney 
General; the immediate Office of the Associate Attorney 
General; Office of Legal Policy; Office of Public Affairs; 
Office of Legislative Affairs; Office of Professional 
Responsibility; Office of Intergovernmental and Public Liaison; 
and the Justice Management Division.
    Office of Legislative Affairs [OLA].--OLA needs to provide 
the Committee with information proactively and in a timely 
manner, but this has not been consistent practice over the past 
3 years. OLA is directed to take whatever steps are necessary 
(including communicating with the White House to end unhelpful 
and counterproductive information embargoes) to improve the 
sharing of information with Congress.
    International Organized Crime [IOC].--The bill includes 
funds for the IOC Intelligence and Operations Center, the 
Attorney General's Organized Crime Council Program Support 
Office and IOC increases requested in other bureaus. Resources 
requested to provide a central fund for IOC case operation 
costs, however, should continue to be derived from the Attorney 
General's special projects fund or other available sources. If 
the IOC initiative is intended to be a permanent fixture that 
will appear in future requests, the Department of Justice [DOJ] 
should develop a strategy for funding this program somewhere 
other than the executive leadership budget.
    Cooperation with the Government Accountability Office 
[GAO].--The Department is directed to develop, in consultation 
with GAO, a compromise that will allow congressional oversight 
to proceed as necessary on intelligence-related programs. As 
part of this negotiated compromise solution, DOJ is directed to 
work more broadly with GAO on improving the quality, quantity 
and timeliness of DOJ responses to GAO reviews on all subjects, 
including those that are not directly related to intelligence 
or national security programs.
    Gang Enforcement.--The Department should continue to strive 
for better cooperation among anti-gang entities and greater 
effectiveness in enhancing and linking gang cases. In addition, 
the Department shall continue keeping the Committee informed of 
any planned management and organizational changes regarding 
anti-gang efforts.
    Prison Rape Elimination.--The Department shall 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 Prison Rape Elimination Act [PREA] of 
2003, which by law were due to be adopted over a year ago. Upon 
adoption of the national standards, the Committee will revisit 
how the Department will 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 PREA national 
standards.
    Tribal Consultation.--Within 120 days of enactment of this 
act, the Attorney General shall provide the Committee with a 
report on how DOJ will use the tribal consultation process to 
further streamline and coordinate programs and funding 
opportunities for Native Americans, both within DOJ and with 
relevant programs of the Department of the Interior.

                   NATIONAL DRUG INTELLIGENCE CENTER

Appropriations, 2011....................................     $33,955,000
Budget estimate, 2012...................................      25,000,000
Committee recommendation................................      20,000,000

    The Committee's recommendation provides $20,000,000 for the 
National Drug Intelligence Center [NDIC]. The recommendation is 
$13,955,000 below the fiscal year 2011 enacted level and 
$5,000,000 below the budget request.
    The Committee directs the Department to submit a report to 
the Committee no later than 60 days after the enactment of this 
act detailing its future plans for NDIC, including positions 
and salaries. DOJ is further directed to include in its report 
information on potential employee relocations and the 
corresponding associated costs.

                 JUSTICE INFORMATION SHARING TECHNOLOGY

Appropriations, 2011....................................     $60,164,000
Budget estimate, 2012...................................      54,307,000
Committee recommendation................................      47,000,000

    The Committee's recommendation provides $47,000,000 for 
Justice Information Sharing Technology. The recommendation is 
$13,164,000 below the fiscal year 2011 enacted level and 
$7,307,000 below the budget request.
    Cyber Security.--The Committee's recommendation includes 
$16,086,000 as requested, so that DOJ may continue to defend 
proactively against and respond to cyber threats and attacks 
against DOJ's networks. The Committee supports the Department's 
efforts to better protect its networks and other information 
technology assets and hopes that these resources will allow DOJ 
to achieve the same success in cyber security implementation as 
it has achieved on its Federal Information Security Management 
Agency [FISMA] report card.

            TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

Appropriations, 2011....................................     $99,800,000
Budget estimate, 2012...................................     102,751,000
Committee recommendation................................      87,000,000

    The Committee's recommendation provides $87,000,000 for 
Tactical Law Enforcement Wireless Communications. The 
recommendation is $12,800,000 below the fiscal year 2011 
enacted level and $15,751,000 below the budget request.
    This account centrally funds development, acquisition, 
deployment, operation and maintenance of the Justice 
Department's narrowband wireless communications network.
    Integrated Wireless Network [IWN].--A decade after the 
September 11, 2001, attacks on our Nation, the Department of 
Justice continues to have significant deficiencies in its law 
enforcement communications capabilities. Over the past several 
years, the Committee has supported efforts to replace 
antiquated legacy systems by consolidating tower infrastructure 
and trunking land mobile radios--a system that provides 
interoperable communications among Federal law enforcement 
agencies. This effort has been deployed in the National Capitol 
Region and future deployments were planned for surrounding 
States.
    Due to budgetary constraints, the Department recently took 
steps to terminate work on the further design and deployment of 
this system. The Committee appreciates that tight budgetary 
constraints necessitate difficult decisions; however, 
interoperable communications remain a top priority. Given that 
the dynamics of IWN have changed in light of a shrinking 
Federal budget, the Department shall submit a report within 60 
days of enactment of this act to the Committee on the 
Department's plan moving forward, including alternative funding 
sources and funding options, to provide, deploy, maintain and 
operate a wireless network that addresses security 
vulnerabilities, improves system reliability, and achieves 
interoperability with other law enforcement and emergency 
responder radio infrastructure systems. The Department is 
expected to work with its Chief Information Officer to retain 
oversight of IWN, and to explore all available and viable 
options for advancing law enforcement radio infrastructure and 
resources, including qualitative performance metrics and 
analysis that assess the effectiveness of new and existing 
infrastructure and technology deployments. The report should 
also include a description of the Department's efforts to 
ensure that components are purchasing equipment that is 
compliant with Project 25 standards.
    The Committee supports the broadest possible use of IWN 
across law enforcement agencies. However, the Department does 
not have the budgetary resources to fund other agencies' use of 
the network. Should other agencies choose to use the network, 
they should assume the full cost of their participation.
    The Committee is concerned that the Department has used 
sole-source contracts or existing contracts for operations and 
maintenance to procure several hundred million dollars worth of 
land mobile radios and equipment without full and open 
competition. While the Department has justified such sole-
source contracts with the need to be backward compatible with 
existing proprietary systems, the continued use of proprietary 
systems will only serve to lock the Department into a non-P25, 
proprietary system from one vendor for years to come. The 
purpose of P25 is to have an open standard that increases 
competition and lowers cost. The Committee believes that the 
Department has not thoroughly considered its options or 
reviewed the examples of currently operating P25 systems. The 
Department shall use full and open contracting and procurement 
procedures.

                   ADMINISTRATIVE REVIEW AND APPEALS

                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011....................................    $300,084,000
Budget estimate, 2012...................................     332,583,000
Committee recommendation................................     294,082,000

    The Committee's recommendation provides $294,082,000 for 
Administrative Review and Appeals, of which $4,000,000 is a 
transfer from the USCIS Immigration Examiners Fee Account. The 
recommendation is $6,002,000 below the fiscal year 2011 enacted 
level and $38,501,000 below the budget request.
    This account funds the Executive Office for Immigration 
Review [EOIR], including the Board of Immigration Appeals, 
immigration judges, and administrative law judges who decide 
through administrative hearings whether to admit or exclude 
aliens seeking to enter the country, and whether to deport or 
adjust the status of aliens whose status has been challenged. 
This account also funds the Office of the Pardon Attorney, 
which receives, investigates, and considers petitions for all 
forms of executive clemency.
    Immigration and Southwest Border Initiative.--Due to tight 
fiscal constraints, the Committee's recommendation regrettably 
does not include the requested increase of $11,039,000 for 
EOIR's Immigration and Southwest Border Initiative to add 21 
Immigration Judge Teams, 10 Board of Immigration Appeals [BIA] 
attorneys, and related immigration court and BIA support staff. 
The Committee urges the Department of Justice to submit a 
reprogramming request in 2012 that would reallocate funds from 
lower-priority programs across the Department to enable EOIR to 
enhance its Immigration and Southwest Border Initiative if this 
initiative remains an immediate need.
    EOIR receives cases directly from Department of Homeland 
Security [DHS] enforcement personnel, in which the Government 
is seeking the removal of aliens who are in the United States 
without lawful status or who have committed some act, typically 
a criminal offense, that renders them removable. EOIR's 
immigration court caseload continues to increase as a result of 
heightened and border enforcement efforts. The caseload 
increased 30 percent between fiscal year 2004 and 2010, growing 
from 300,000 to 393,000 new matters for adjudication coming to 
EOIR for resolution each year. The number of new cases is 
expected to exceed 400,000 this year. As a consequence, case 
backlogs have continued to increase, reaching over 268,000 
matters pending at the end of the first quarter of 2011. Court 
dockets have been stretched unacceptably far into the future, 
with most courts backlogged at least a year. Increased funding 
would have enhanced EOIR's ability to provide timely 
adjudications, thus enabling DHS to process those found to be 
removable immediately upon completion of their sentences, and 
assisting greatly in the efficient use of detention beds.
    Legal Orientation Program [LOP].--The Committee's 
recommendation includes $6,200,000, an increase of $200,000 
above fiscal year 2011, but $3,800,000 below the budget 
request, to cover the costs associated with the recent 
implementation and expansion of the LOP. The Committee 
encourages EOIR to dedicate additional funds to the LOP, as 
necessary and available, to ensure that there is no reduction 
in the level of support for LOP from year to year.
    The Committee continues its strong support of the LOP, 
which provides guidance to detained aliens about their legal 
rights and responsibilities in the immigration court system. 
Apprehended individuals benefit from better information about 
immigration removal proceedings, and the U.S. taxpayer benefits 
from reduced detention costs through a more efficient legal 
process. The Committee expects EOIR to seek alien-specific 
detention costs and duration of detention data from the 
Immigration and Customs Enforcement in order to develop a more 
accurate estimate of the cost savings to the Federal Government 
provided by participation in the LOP.
    The Committee's recommendation includes $2,000,000 for 
Legal Orientation Programs, pursuant to the Trafficking Victims 
Protection Reauthorization Act of 2008 (Public Law 110-457), 
for custodians of unaccompanied undocumented children to 
address the custodian's responsibility for the child's 
appearance at all immigration proceedings, and to protect the 
child from mistreatment, exploitation, and trafficking.

                           DETENTION TRUSTEE

Appropriations, 2011....................................  $1,515,626,000
Budget estimate, 2012...................................   1,595,360,000
Committee recommendation................................   1,563,453,000

    The Committee's recommendation provides $1,563,453,000 for 
the Office of the Federal Detention Trustee [OFDT]. The 
recommendation is $47,827,000 above the fiscal year 2011 
enacted level and $31,907,000 below the budget request.
    The Committee has made great sacrifices to fund OFDT as 
close to the request as possible at the expense of nearly all 
of the other components within the Department of Justice. 
Federal detention is not a ``discretionary program.'' When the 
court orders an individual detained pending a court appearance, 
OFDT must provide the housing, transportation and medical care 
for those detainees awaiting Federal court actions. While OFDT 
has made efforts to streamline and modernize the process to 
move detainees through the system faster and reduce the amount 
of time an individual spends in detention, OFDT is mandated to 
accept each detainee.
    Most of the growth in the detention population in recent 
years is related to immigration and drug offenses. In order to 
reduce the detention population, there would need to be a 
reduction in the number of incoming detainees; however, based 
on current projections, OFDT expects bookings for immigration 
offenses alone to increase to 96,000 in 2012, a growth of 6.6 
percent over current levels.
    The Committee remains concerned about the Department's 
ability to anticipate the true funding needs for this account. 
The Committee directs OFDT to continue reporting to the 
Committee on a quarterly basis the number of individuals in the 
detention trustee system, the projected number of individuals, 
and the annualized costs associated with them.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2011....................................     $84,199,000
Budget estimate, 2012...................................      85,057,000
Committee recommendation................................      84,199,000

    The Committee's recommendation provides $84,199,000 for the 
Office of Inspector General [OIG]. The recommendation is equal 
to the fiscal year 2011 enacted level and $858,000 below the 
budget request.
    This account finances the activities of the OIG, including 
audits, inspections, investigations and other reviews of 
programs and operations of the Department of Justice to promote 
economy, efficiency and effectiveness, and to prevent and 
detect fraud, waste and abuse, as well as violations of ethical 
standards arising from the conduct of Department employees in 
their numerous and diverse activities.
    Inspector General Vacancy.--The Department has been without 
an IG since January 2011. The IG staff continues to work 
diligently on its ongoing and evolving responsibilities, 
including overseeing the Department's critical 
counterterrorism, information technology systems, cybercrime, 
detention and incarceration, law enforcement and grant-related 
activities; however, it is crucial that the office have top 
leadership to guide its work. The Committee regards the IG as 
its strong partner, working every day to improve accountability 
at the Department so that every dollar spent to secure our 
communities is a dollar well spent.

                    United States Parole Commission


                         salaries and expenses

Appropriations, 2011....................................     $12,833,000
Budget estimate, 2012...................................      13,213,000
Committee recommendation................................      12,577,000

    The Committee's recommendation provides $12,577,000 for the 
United States Parole Commission. The recommendation is $256,000 
below the fiscal year 2011 enacted level and $636,000 below the 
budget request.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011....................................    $863,367,000
Budget estimate, 2012...................................     955,391,000
Committee recommendation................................     846,099,000

    The Committee's recommendation provides $846,099,000 for 
General Legal Activities salaries and expenses. The 
recommendation is $17,268,000 below the fiscal year 2011 
enacted level and $109,292,000 below the budget request.
    This appropriation funds the establishment of litigation 
policy, conduct of litigation, and various other legal 
responsibilities, through the Office of the Solicitor General, 
the Tax Division, the Criminal Division, the Civil Division, 
the Environmental and Natural Resources Division, the Civil 
Rights Division, the Office of Legal Counsel, INTERPOL 
Washington, and the Office of Dispute Resolution.
    Human Trafficking and Slavery.--The Committee strongly 
supports the additional resources proposed by the Department's 
litigation divisions, for which inadequate funding has been 
proposed in past years. The Committee's recommendation provides 
$5,300,000 for the Human Trafficking and Slavery Prosecution 
Unit [HTSPU], equal to the budget request, to fight human 
trafficking and slavery.
    Civil Rights.--The Committee supports the Civil Rights 
Division's efforts to continue restoring its base capacity to 
enforce civil rights laws; expanding its capacity to prosecute 
and provide litigation support for human trafficking, hate 
crimes and unsolved civil rights era crimes; carrying out its 
responsibilities associated with the civil rights of 
institutionalized persons and the access rights of the 
disabled; and enhancing the enforcement of fair housing and 
fair lending laws.
    Human Rights Crimes.--The Committee remains concerned by 
the large number of suspected human rights violators from 
foreign countries who have found safe haven in the United 
States, and directs the Criminal Division to continue 
increasing efforts to investigate and prosecute serious human 
rights crimes, including genocide, torture, use or recruitment 
of child soldiers, and war crimes. For this purpose, within the 
available funds the Committee directs that $1,800,000 be 
allocated for attorneys, analysts, and support personnel in the 
Criminal Division to investigate and prosecute individuals who 
violate Federal laws regarding serious human rights abuses.
    INTERPOL Washington.--The Committee notes that, per the 
Justice Department's request, the component previously known as 
the United States National Central Bureau of INTERPOL will be 
known henceforth as INTERPOL Washington.
    Child Exploitation.--The Committee expects INTERPOL 
Washington to continue its role of coordinating and 
facilitating international communications between foreign and 
U.S. domestic law enforcement authorities that investigate 
violations involving the production and distribution of child 
sex abuse images; child sex tourism; sex offender tracking and 
reporting under the Adam Walsh Child Protection and Safety Act 
(Public Law 109-248); and child abduction. INTERPOL Washington 
is responding to an increasing number of international 
referrals regarding criminal child exploitation investigations. 
It is also responding to mounting requests to locate, identify 
and support the apprehension of child predators. Through the I-
24/7 global police communications network, INTERPOL Washington 
has a unique and effective way to track sex offenders and child 
predators worldwide. This will continue to allow INTERPOL 
Washington to assist in enforcement requirements outlined in 
the Adam Walsh Act and other initiatives aimed at combating 
child sexual exploitation and locating missing children.

               THE NATIONAL CHILDHOOD VACCINE INJURY ACT

Appropriations, 2011....................................      $7,833,000
Budget estimate, 2012...................................       7,833,000
Committee recommendation................................       7,833,000

    The Committee's recommendation provides a reimbursement of 
$7,833,000 for legal costs. The recommendation is equal to the 
fiscal year 2011 enacted level and the budget request.
    This account covers Justice Department expenses associated 
with litigating cases under the National Childhood Vaccine 
Injury Act of 1986 (Public Law 99-660).

               SALARIES AND EXPENSES, ANTITRUST DIVISION

Appropriations, 2011....................................    $162,844,000
Budget estimate, 2012...................................     166,221,000
Committee recommendation................................     159,587,000

    The Committee's recommendation provides $159,587,000 for 
the Antitrust Division. The recommendation is $3,257,000 below 
the fiscal year 2011 enacted level and $6,634,000 below the 
budget request. This appropriation is offset by $108,000,000 in 
pre-merger filing fee collections, resulting in a direct 
appropriation of $51,587,000.

                        UNITED STATES ATTORNEYS

                         SALARIES AND EXPENSES

Appropriations, 2011....................................  $1,930,135,000
Budget estimate, 2012...................................   1,995,149,000
Committee recommendation................................   1,891,532,000

    The Committee's recommendation provides $1,891,532,000 for 
the U.S. Attorneys' salaries and expenses. The recommendation 
is $38,603,000 below the fiscal year 2011 enacted level and 
$103,617,000 below the budget request.
    As in past years, the Committee directs the U.S. Attorneys 
[USAs] to focus their efforts on those crimes where the unique 
resources, expertise, or jurisdiction of the Federal Government 
can be most effective.
    Adam Walsh Act Implementation.--The Committee expects the 
Executive Office of U.S. Attorneys [EOUSA] to continue to focus 
on investigations and prosecutions related to the sexual 
exploitation of children, as authorized by the Adam Walsh Child 
Protection and Safety Act of 2006, Public Law 109-248. Not less 
than $43,184,000 shall be available for this purpose in fiscal 
year 2012.
    Combating Financial Fraud.--Within funds provided, the 
Committee encourages the USAs to continue prioritizing efforts 
in the areas of mortgage fraud, bankruptcy, affirmative civil 
enforcement and white collar crimes.
    Human Trafficking.--The Committee directs the EOUSA, in 
consultation with the USAs, to designate a point of contact in 
each U.S. Attorney office who shall serve as the coordinator 
for all activities within that office concerning human 
trafficking and slavery matters covered by the Trafficking 
Victims Protection Act. Designating a point of contact will 
improve communication and coordination within each 
jurisdiction, including with victim service organizations, in 
order to better serve the victims of human trafficking and 
slavery.
    Intellectual Property Rights [IPR] Enforcement.--The 
Committee expects IPR enforcement to remain an investigative 
and prosecutorial priority for Federal prosecutors. The 
Department is directed to provide to the Committee a report on 
the activities of its Assistant U.S. Attorneys dedicated to 
investigating intellectual property crimes pursuant to and 
authorized under section 402 of the Prioritizing Resources and 
Organization for Intellectual Property [PRO-IP] Act (Public Law 
110-403). Specifically, the report should demonstrate that the 
20 new Federal prosecutors provided in Public Law 111-117 are 
solely investigating and prosecuting violations of Federal 
intellectual property law. This report shall be submitted no 
later than 120 days after the enactment of this act.

                   UNITED STATES TRUSTEE SYSTEM FUND

Appropriations, 2011....................................    $218,811,000
Budget estimate, 2012...................................     234,115,000
Committee recommendation................................     234,115,000

    The Committee's recommendation provides $234,115,000 for 
the U.S. Trustee System Fund. The recommendation is $15,304,000 
above the fiscal year 2011 enacted level and equal to the 
budget request. The appropriation is offset by $232,615,000 in 
fee collections and $1,500,000 derived from interest on 
investments in U.S. securities, resulting in a direct 
appropriation of $0, which is equal to the budget request.
    The United States Trustee Program, authorized by 28 U.S.C. 
581 et seq., is the component of the Justice Department with 
responsibility for protecting the integrity of the bankruptcy 
system by overseeing case administration and litigation to 
enforce the bankruptcy laws. In fiscal year 2012, the U.S. 
Trustee Program will participate in an estimated 1.5 million 
business and consumer bankruptcy case filings.
    Debtor Audits.--The Committee's recommendation fully funds 
the Department of Justice's request of $5,816,000 for debtor 
audits.

      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

Appropriations, 2011....................................      $2,113,000
Budget estimate, 2012...................................       2,124,000
Committee recommendation................................       2,071,000

    The Committee's recommendation provides $2,071,000 for the 
Foreign Claims Settlement Commission. The recommendation is 
$42,000 below the fiscal year 2011 enacted level and $53,000 
below the budget request.
    The Foreign Claims Settlement Commission settles claims of 
American citizens arising from nationalization, expropriation, 
or other takings of their properties and interests by foreign 
governments.

                     FEES AND EXPENSES OF WITNESSES

Appropriations, 2011....................................    $270,000,000
Budget estimate, 2012...................................     270,000,000
Committee recommendation................................     270,000,000

    The Committee's recommendation provides $270,000,000 for 
fees and expenses of witnesses. The recommendation is equal to 
the fiscal year 2011 enacted level and the budget request.
    This appropriation, which is considered mandatory for 
scorekeeping purposes, provides for fees and expenses of 
witnesses who appear on behalf of the Government in cases in 
which the United States is a party, including fact and expert 
witnesses. These funds are also used for mental competency 
examinations, as well as witness and informant protection.
    Expert Witnesses.--Within funds provided, the Committee 
includes the requested $92,000,000 to respond to the increased 
needs for expert witnesses among the litigating divisions and 
the U.S. Attorneys' offices. These expenses have traditionally 
been funded in part through existing balances; however, that 
approach has strained the Department's budget for acquiring the 
services of expert witnesses in recent years. Given the 
substantial resources provided in 2012 for the payment of fees 
and expenses of expert witnesses, the Committee expects that no 
funds will be expended for expert witness services from any DOJ 
accounts but Fees and Expenses of Witnesses.

           SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

Appropriations, 2011....................................     $11,456,000
Budget estimate, 2012...................................      12,967,000
Committee recommendation................................      11,227,000

    The Committee's recommendation provides $11,227,000 for the 
Community Relations Service [CRS]. The recommendation is 
$229,000 below the fiscal year 2011 enacted level and 
$1,740,000 below the budget request.
    Within the funds provided, the Committee supports the 
budget request of $1,500,000 to handle an increase in workload 
and responsibilities stemming from passage of the Matthew 
Shepard and James Byrd, Jr., Hate Crimes Prevention Act (Public 
Law 111-84). The Hate Crimes Protection Act has greatly 
expanded CRS's mandate, requiring that it help communities 
prevent and respond to violent hate crimes committed on the 
basis of gender, gender identity, sexual orientation, religion 
and disability, in addition to race, color and national origin. 
These resources will maximize CRS' crisis response nationwide 
and enable it to fulfill both its original mandate and expanded 
mandate under the Hate Crimes Protection Act.
    The Community Relations Service, established by title X of 
the Civil Rights Act of 1964, provides assistance to 
communities and persons in the prevention and resolution of 
disagreements arising from discriminatory practices.

                         ASSETS FORFEITURE FUND

Appropriations, 2011....................................     $20,948,000
Budget estimate, 2012...................................      20,990,000
Committee recommendation................................      20,990,000

    The Committee's recommendation provides $20,990,000 for the 
Assets Forfeiture Fund [AFF]. The recommendation is $42,000 
above the fiscal year 2011 enacted level and equal to the 
budget request.
    The Assets Forfeiture Fund provides funds for qualifying 
expenses of Federal law enforcement agencies and their State or 
local partners. Funds for these activities are provided from 
receipts deposited in the AFF resulting from the seizure and 
liquidation of assets. Expenses related to the management and 
disposal of assets are also provided from the AFF by a 
permanent indefinite appropriation.

                     United States Marshals Service


                         salaries and expenses

Appropriations, 2011....................................  $1,123,511,000
Budget estimate, 2012...................................   1,243,570,000
Committee recommendation................................   1,101,041,000

    The Committee's recommendation provides $1,101,041,000 for 
the U.S. Marshals Service [USMS] salaries and expenses. The 
recommendation is $22,470,000 below the fiscal year 2011 
enacted level and $142,529,000 below the budget request.
    The core mission of the USMS includes the apprehension of 
fugitives; protection of Federal court facilities, the 
judiciary and witnesses; execution of warrants and court 
orders; and the custody and transportation of accused and 
unsentenced prisoners.
    Judicial and Courthouse Security.--At least 60 percent of 
the U.S. Marshals Service's budget is designated supporting the 
Federal judiciary process by providing physical security in 
courthouses, protecting members of the judicial unit, 
safeguarding witnesses, and transporting and producing 
prisoners for court proceedings. Reductions under the fiscal 
year 2011 funding level will force USMS to re-prioritize the 
protective services for the judiciary, which could have a 
significant impact on offsite judicial security, and limit the 
ability of the USMS to respond to and mitigate threats in a 
timely manner.
    The Committee expects USMS to include in its 2012 spend 
plan a strategy for how it will approach mandatory protective 
services, as well how it will respond to critical law 
enforcement requirements and congressional mandates to address 
violent crime reduction, enforce the Adam Walsh Act, and combat 
Southwest border violence. To help remedy the expected 
shortfall, the Committee encourages the USMS to continue 
exploring and utilizing new technological capabilities, such as 
electronic surveillance, in order to further ensure the fair 
and efficient administration of justice.
    Immigration Enforcement.--The Committee strongly supports 
the U.S. Marshals Service's efforts on illegal immigration 
enforcement. The flow of human trafficking and narcotics into 
the United States, along with smuggling of illegal firearms and 
criminal profits out of the United States, has had a 
devastating effect on the country, as well as Canada and 
Mexico.
    Sexual Offender Apprehension.--The Adam Walsh Child 
Protection and Safety Act of 2006 (Public Law 109-248) gives 
the U.S. Marshals Service the authority to treat as fugitives 
convicted sex offenders who fail to register. It also directs 
the Marshals to assist jurisdictions in locating and 
apprehending these individuals. There are roughly 135,000 non-
compliant offenders in the United States.
    To date, the USMS has hired 170 new deputy marshals to 
assist States in locating and apprehending sex offenders who 
violate sex offender registration requirements. However, the 
U.S. Marshals Service estimates it needs a dedicated force of 
at least 500 deputy marshals to expand Adam Walsh enforcement 
activities in districts across the country. The Committee urges 
the Department of Justice to submit a reprogramming request in 
2012 that would reallocate funds from lower priority programs 
across the Department to enable the Marshals Service to enhance 
its Adam Walsh enforcement mission.
    This funding will also continue support for the National 
Sex Offender Targeting Center, improve the agency's information 
technology backbone, and reinforce the agency's infrastructure 
so that deputy marshals have timely, accurate investigative 
information to track down and arrest those who prey on our 
Nation's children.
    Regional Fugitive Task Forces.--The Committee strongly 
supports the U.S. Marshals Service's Regional Fugitive Task 
Forces [RFTFs], which are effective partnerships with other 
Federal, State, and local law enforcement agencies to apprehend 
violent fugitives, including violent sex offenders. The 
Committee encourages the USMS to continue providing resources 
to enhance the seven existing task forces and establish new 
task force capabilities in areas of the United States not 
currently served by RFTFs.

                              CONSTRUCTION

Appropriations, 2011....................................     $16,592,000
Budget estimate, 2012...................................      15,625,000
Committee recommendation................................      12,000,000

    The Committee's recommendation provides $12,000,000 for 
construction in space controlled, occupied, or utilized by the 
USMS in United States courthouses and Federal buildings, 
including but not limited to the creation, renovation, and 
expansion of prisoner movement areas, elevators, and other law 
enforcement and court security support space. As in prior 
years, the Committee's intent is to provide for construction 
activity to support the mission of the USMS in protection of 
the Federal judiciary and other law enforcement activities.

                       National Security Division


                         SALARIES AND EXPENSES

Appropriations, 2011....................................     $87,762,000
Budget estimate, 2012...................................      87,882,000
Committee recommendation................................      86,007,000

    The Committee's recommendation provides $86,007,000 for the 
National Security Division [NSD]. The recommendation is 
$1,755,000 below the fiscal year 2011 enacted level and 
$1,875,000 below the budget request.
    The NSD coordinates the Department's national security and 
counterterrorism missions through law enforcement 
investigations and prosecutions, and handles counterespionage 
cases. The NSD works in coordination with the FBI, the 
Intelligence Community, and the U.S. Attorneys. Its primary 
function is to prevent acts of terrorism and espionage from 
being perpetrated in the United States by foreign powers.

                      Interagency Law Enforcement


                 INTERAGENCY CRIME AND DRUG ENFORCEMENT

Appropriations, 2011....................................    $527,512,000
Budget estimate, 2012...................................     540,966,000
Committee recommendation................................     516,962,000

    The Committee's recommendation provides $516,962,000 for 
Interagency Crime and Drug Enforcement. The recommendation is 
$10,550,000 below the fiscal year 2011 enacted level and 
$24,004,000 below the budget request.
    The Interagency Crime and Drug Enforcement Account funds 
the Organized Crime and Drug Enforcement Task Forces [OCDETF], 
which is the centerpiece of the Department's drug enforcement 
and counternarcotics efforts. The mission of OCDETF is to 
ensure a coordinated, multi-agency, intelligence-based and 
prosecutor-led approach to identifying, disrupting and 
dismantling those drug trafficking and money laundering 
organizations primarily responsible for the Nation's illicit 
drug supply and drug-related violence.
    Southwest Border Enforcement Initiative.--The Committee is 
concerned about the continuing violence and crime on the 
Southwest border, and supports the Department's coordinated 
approach to addressing illegal narcotics and related criminal 
activities and violence there. A shrinking Federal budget means 
no significant expansion of or investment in the OCDETF program 
on the Southwest border. This will stagnate, but not eliminate, 
efforts to advance a single, coherent, strategic plan that will 
provide for escalating enforcement and prosecutorial activities 
along the Southwest border and in interior regions of the 
United States affected significantly by Southwest border drug 
trafficking.
    Regrettably, OCDETF will be forced to scale back the number 
of high-priority drug investigations and initiatives it 
supports, such as Mexican and Columbian fugitive apprehension 
teams; co-located, collaborative strike forces of ATF, FBI, 
Marshals, and DEA agents; intelligence capacity; Southwest 
border investigative and prosecutorial activities; and OCDETF 
title III wiretap requests.
    Strike Force Personnel.--The Committee encourages OCDETF to 
prioritize, within funds appropriated, the continuation of 
support for Assistant U.S. Attorney positions and co-located 
Strike Forces launched originally with supplemental funding in 
fiscal year 2010. OCDETF shall submit a report showing the 
distribution of personnel in fiscal years 2010 and 2011, and 
planned for fiscal year 2012, to each of the co-located Strike 
Forces. This report shall be submitted to the Committee no 
later than 60 days after the enactment of this act.

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

Appropriations, 2011....................................  $7,819,155,000
Budget estimate, 2012...................................   7,994,991,000
Committee recommendation................................   7,785,000,000

    The Committee's recommendation provides $7,785,000,000 for 
the Federal Bureau of Investigation [FBI] salaries and 
expenses. The recommendation is $34,155,000 below the fiscal 
year 2011 enacted level and $209,991,000 below the budget 
request.
    Five-year Budget.--Implementation of a multi-year budget 
planning approach has been urged by the Committee in the past, 
as well as by various external review groups, such as the 
National Academy for Public Administration. This approach will 
also allow the FBI to better participate in the Intelligence 
Community budget process, especially as the Federal budget is 
reduced. The Committee encourages the FBI to continue pursuing 
the 5-year budget within the administration.
    Surveillance.--The FBI's surveillance program provides 
critical surveillance and mobility capabilities for national 
security and criminal investigations. The Committee is 
concerned that substantial gaps continue to exist within the 
surveillance program that could undermine FBI's efforts to 
protect our Nation from terrorists and criminals. Therefore, 
the Committee provides the full budget request of an additional 
$12,466,000, for a total $54,178,000, to hire additional 
personnel to help address these gaps. The Committee directs 
that no less than 75 percent of these additional funds shall be 
spent on Special Surveillance Groups.
    Computer Intrusions.--The Committee is concerned that the 
threat of cyber-related foreign intelligence operations to the 
United States is rapidly expanding. These cyber intrusions 
present a national security threat and have compromised 
thousands of computers on U.S. Government and private sector 
networks. The FBI is in a unique position to counter cyber 
threats as it is the only agency with the statutory authority, 
expertise, and ability to combine counterterrorism, 
counterintelligence, and criminal resources to neutralize, 
mitigate, and disrupt illegal computer-supported operations 
domestically.
    The Committee recognizes the FBI's efforts and recommends 
the full request of $166,486,000 for this effort, $18,628,000 
above the fiscal year 2011 enacted level, which includes an 
additional 42 positions, including 14 special agents to further 
the FBI's investigatory, intelligence gathering, and 
technological capabilities. Within the increase provided, the 
Committee recommends the request for the Comprehensive National 
Cybersecurity Initiative [CNCI] to increase coverage of cyber-
terrorist threats. This will allow the FBI to hire five 
additional special agents and professional support staff to 
transform the National Cyber Investigative Joint Task Force 
[NCIJTF] from an 8 by 5 operation into a 24 by 7 operation. As 
one of the six cybersecurity centers identified under the CNCI, 
the NCIJTF plays an important role in coordinated national 
cybersecurity operations. Because threat actors operate 
globally, a significant volume of cyber threat activity occurs 
outside of normal business hours. The ever increasing need for 
real-time analysis to support operations and provide program 
management for multi-agency efforts requires the NCIJTF to 
boost its after-hours presence.
    Cyber Training for Field Agents.--The Committee expects the 
FBI to use, from within funds provided, $5,000,000 for training 
for FBI cyber agents involved in national security intrusions 
cases. This will allow the FBI to increase the number of cyber 
agents qualified to understand current techniques and tactics 
used by those engaged in illicit cyber activities, and keep 
abreast of emerging technologies that are used to overcome 
computer systems' defenses and to infiltrate networks, such as 
those of the U.S. Government, utility companies, defense 
contractors and financial institutions.
    The need for such training stems from the April 2011 DOJ 
OIG's report entitled ``The Federal Bureau of Investigation's 
Ability to Address the National Security Cyber Intrusion 
Threat.'' This report raised concerns that 36 percent of FBI 
field agents assigned to national security-related cyber 
investigations lacked the expertise, including in networking 
and counterintelligence, needed to investigate these types of 
cases and identify those responsible for intrusions.
    Cyber Threats from Eastern Europe.--The Committee 
encourages the FBI to expand its integration of FBI cyber 
agents into eastern European police services. The FBI should 
focus its resources on the emerging locus of cyber crime and 
help augment the authorities of those nations that need the 
most support to combat cyber crime.
    Render Safe.--The FBI is responsible for the Nation's 
Render Safe mission, which involves dismantling a weapon of 
mass destruction [WMD] device on U.S. soil. The FBI's fiscal 
year 2012 budget request includes $35,756,000 to purchase two 
specially-configured aircraft to carry out the Render Safe 
mission; however, this Committee provided the FBI with the 
authority to use existing funds to procure these aircraft in 
the approval of the 2011 operating plan. The Committee 
continues to support the purchase of these planes, and 
therefore directs the FBI, within 60 days of enactment of this 
act, to provide a report detailing the plan for Render Safe 
procurement, including any plans to extend current leases of 
aircraft.
    Sentinel.--The Committee has followed closely the 
development of Sentinel, the FBI's information and 
investigation case management system, and remains 
understandably concerned about Sentinel's development. Contract 
work was stopped last year when the determination was made that 
the desired functionalities could not be delivered within the 
existing budget, which resulted in the FBI bringing management 
of the program in-house and adopting a new program management 
approach.
    The FBI asserts that the problems with the Sentinel project 
are contained, the project will finish late but within budget, 
and the product delivered through the end of Phase 2 largely 
reflects what was expected under the program plan. Outside 
sources seem to agree unanimously that each of these 
contentions is overly optimistic. Relatively little was 
achieved, in terms of delivered benefits to end users, through 
Phases 1 and 2, even though more than 90 percent of the project 
budget was consumed. The Committee remains skeptical that all 
of Phases 3 and 4 can still be achieved with so little 
remaining funding unless major corners are cut in either 
execution or function.
    Despite these concerns, the FBI has persisted in committing 
itself to completing the project within its $451,000,000 
budget, and the Committee holds the Bureau to that commitment. 
Consequently, the FBI is prohibited from spending anything in 
excess of the $451,000,000 total without first providing 
notification to the Committee, even if a funding source is 
available that would not otherwise trigger Section 505 
notification requirements.
    To manage the completion of Sentinel, the FBI shall develop 
a Work Breakdown Structure [WBS] that complies with guidance 
provided in GAO-09-3SP: Best Practices for Developing and 
Managing Capital Program Costs. The product-based WBS shall 
contain the capabilities that complete Sentinel as identified 
by the DOJ OIG in its 11-01 report (October, 2010). The 
structure of the Sentinel Completion WBS shall include 
components for (1) Phase 3 Capabilities, (2) Phase 4 
Capabilities and (3) Deferred Capabilities. The FBI shall 
elaborate on each of the three WBS components to itemize the 
planned or deferred functionality that will complete Sentinel.
    The FBI shall also configure its Earned Value Management 
System to report progress on the itemized functionality 
associated with each component.
    In addition, the bill contains language under section 220 
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 
OIG for review and comment.
    Workforce Distribution.--The Committee notes that the FBI's 
staffing levels have increased since 2001 and will increase 
again in fiscal year 2012. While the FBI has undergone a major 
reorganization of its mission priorities, the Committee remains 
concerned that the Bureau has not adequately considered the 
proper distribution of its staffing to field offices around the 
country. As a result, staffing levels continue to vary 
dramatically from State to State, with regard to both the 
population of a State and the threats that exist within that 
State. As the FBI considers the distribution of new agents 
across the United States, the Committee encourages the FBI to 
also consider the allocation of agents to field offices that 
could alleviate disparities in the number of personnel between 
field offices.
    National Security Threats.--The Committee recommends the 
full request to support the FBI's critical national security 
efforts to conduct investigations to prevent, disrupt and deter 
acts of terrorism, and to continue to strengthen working 
relationships with other Federal, State and local partners. The 
Committee recommendation includes $274,918,000 in base funding 
and $40,854,000 in enhancements for national security 
initiatives to increase efforts within FBI field offices to 
develop and strengthen surveillance resources, intelligence 
analysis, Legal Attache resources, and working partnerships 
with Federal, State and local agencies.
    Criminal Justice Information Services Division.--The 
Committee's recommendation provides $644,742,000 including fee 
collections for the Criminal Justice Information Services 
Division [CJIS], including $293,899,000 in appropriated funds 
and $350,843,000 in user fees.
    Human Rights Violations.--The Committee is concerned by the 
large number of suspected human rights violators from foreign 
countries who have found safe haven in the United States, and 
directs the FBI to increase efforts to investigate and support 
DOJ's criminal prosecution of serious human rights crimes 
committed by these foreign nationals, including genocide, 
torture, use or recruitment of child soldiers and war crimes. 
The Committee directs that, from within available funds, 
$1,500,000 be allocated for agents and associated support 
personnel at FBI headquarters.
    Civil Rights Enforcement.--Civil rights investigations are 
a top criminal investigative priority for the FBI. The 
Committee recognizes the FBI as the lead agency responsible for 
the investigation of violations of Federal civil rights laws, 
and encourages the FBI to continue its support for the civil 
rights program. The Committee expects these funds to be used 
for investigation of human trafficking, hate crimes, and cases 
pursued under the Emmett Till Unsolved Civil Right Act.
    Critical Infrastructure.--The Committee supports the FBI's 
continuing efforts to address shortfalls in its information 
technology [IT] infrastructure, enhance laboratory 
capabilities, and bolster the FBI's intelligence program. For 
several years, the Committee has been concerned that 
insufficient operations, practices and substandard maintenance 
could result in systems failures and lead to the unavailability 
of time-sensitive data to agents in the field. The Committee 
urges the Department of Justice to include in future budget 
requests the appropriate resources to maintain and operate its 
critical facilities and physical infrastructure at the highest 
standard, consistent with industry best practices, to ensure 
that these systems can perform critical functions for the FBI.
    Intellectual Property Rights [IPR] Enforcement.--The 
Committee expects IPR enforcement to remain an investigative 
priority at the Bureau. In order to maximize the effectiveness 
of IPR enforcement, the FBI should make all necessary efforts 
to coordinate and cooperate with IPR units at U.S. Attorneys' 
offices and the Criminal Division. In addition, the Committee 
directs the FBI to submit a report on the activities of its 
dedicated agents investigating IPR cases. Specifically, the 
report should demonstrate that the 51 agents devoted to 
investigating intellectual property crimes provided in Public 
Laws 111-8 and 111-117 are solely investigating and prosecuting 
violations of Federal intellectual property law. The report 
shall also provide an accounting of the agents placed in field 
offices with Computer Hacking and Intellectual Property [CHIP] 
units and the types of intellectual property investigations 
pursued by these agents. The report shall be submitted to the 
Committee no later than 120 days after the enactment of this 
act.
    Innocent Images National Initiative [IINI].--The Committee 
encourages the FBI to maintain at least minimum base funding of 
$68,856,000 for the Innocent Images National Initiative, which 
allows the FBI to target and investigate sexual predators on 
the Internet. The Committee has provided this funding to 
address the critical requirements for Federal law enforcement 
in attacking the problem of child sexual exploitation and child 
victimization. The Committee trusts that the budget request is 
sufficient to cover the current Innocent Images caseload; 
however, should the threat of child predators on the Internet 
continue to grow, the Committee expects that future budget 
requests for the FBI will include adequate resources dedicated 
to investigate child predators who prey on children online.
    Sexual predators use the Internet as their weapon of choice 
to target children because children are increasingly online and 
are therefore more vulnerable. The Innocent Images program 
allows the FBI to target and investigate sexual predators on 
the Internet. The Innocent Images workload has increased 
dramatically, from 113 cases opened in 1996 to over 2,500 cases 
currently open--a 2,000 percent increase.
    Innocence Lost Initiative.--Every day children are being 
recruited and forced into child prostitution. In the United 
States alone, an estimated 300,000 children are currently at 
risk of being forced into prostitution, with the average age of 
new child prostitutes being 13 years old. To address this 
horrific crime, in 2003 the FBI, in conjunction with the 
Department of Justice Child Exploitation and Obscenity Section 
and the National Center for Missing and Exploited Children, 
launched the Innocence Lost National Initiative. Their combined 
efforts are aimed at addressing the growing problem of domestic 
sex trafficking of children in the United States. These efforts 
have rescued over 1,100 children, and led to the conviction of 
more than 500 child exploiters. The Committee applauds these 
efforts and encourages the FBI to continue dedicating robust 
resources for the Innocence Lost Initiative.
    Mortgage Fraud.--The sub-prime mortgage crisis continues to 
threaten the Nation's economic security. Suspicious Activity 
Reports [SARS] filed by various financial institutions 
increased 917 percent in the last 7 years alone, and show no 
signs of decreasing. This increase in mortgage fraud activity 
is greatly straining the FBI's white-collar crime investigative 
capabilities. The Committee encourages the FBI to continue 
dedicating necessary resources to conduct mortgage fraud 
investigations.
    Investigations Into Severe Forms of Trafficking in 
Persons.--Within funds provided, the Committee expects the FBI 
to investigate severe forms of trafficking in persons as 
authorized by section 113(h) of Public Law 106-386, as amended. 
As the lead Federal law enforcement agency for trafficking 
offenses, the FBI's ability to combat trafficking and slavery 
would be significantly enhanced through additional resources 
devoted specifically to the growing problem of trafficking and 
slavery. Funds shall be used for investigations into 
trafficking and slavery and providing victim witness 
coordinators when needed on an emergency basis.
    Gang Enforcement.--The Department of Justice estimates that 
there are roughly 1 million gang members in 30,000 gangs in all 
50 States and the District of Columbia. With gang membership 
rising, local law enforcement needs a strong partnership with 
Federal Government. Currently, there are 163 Safe Streets 
Violent Gang Task Forces. These partnerships allow FBI agents 
and State and local law enforcement to work as teams to fight 
street crime. The Committee directs the FBI to continue 
supporting its Safe Streets Task Force program.
    Federal-State Anti-terrorism Activities.--Joint Terrorism 
Task Forces [JTTFs] are teams of Federal and State law 
enforcement working together to identify and respond to 
terrorist threats at the local level. There are now more than 
100 JTTFs led by the FBI. The JTTFs' focus is on maximizing 
interagency cooperation and coordination by employing cohesive 
units of full- and part-time Federal, State and local officers 
who are capable of addressing a wide range of terrorism 
matters. Local and State police rely on the FBI for 
information, guidance, leadership, and training, as well as for 
critical intelligence information about threats to our country. 
The Committee urges the FBI to support the JTTF program.
    Combating Border Violence.--The Committee urges the FBI to 
increase its ongoing cooperation with U.S. Customs and Border 
Protection [CBP] and U.S. Immigration and Customs Enforcement 
[ICE] to combat and address any signs of increased drug 
trafficking organization violence which may be occurring in 
U.S. border and other communities. While the FBI's May 23, 
2011, preliminary report on annual crime statistics for 2010 
indicates that reports of violent crime and property crime 
appear to be down in California and Arizona border towns, 
reports of violent crime have ticked upwards slightly in Texas. 
It is important that Federal law enforcement maintain a strong 
presence on the border in support of State and local law 
enforcement to immediately respond to any changes in the levels 
of violence. The Committee directs the FBI, jointly with CBP 
and ICE, to brief the Appropriations Subcommittees on Commerce, 
Justice, and Science and Homeland Security at least 
semiannually on the situation on the border and its impact on 
border communities.

                              CONSTRUCTION

Appropriations, 2011....................................    $107,095,000
Budget estimate, 2012...................................      80,982,000
Committee recommendation................................      75,000,000

    The Committee's recommendation provides $75,000,000 for 
Federal Bureau of Investigation [FBI] construction. The 
recommendation is $32,095,000 below the fiscal year 2011 
funding level and $5,982,000 below the budget request.
    Terrorist Explosive Device Analytical Center [TEDAC].--The 
Committee is dismayed that $93,000,000 in funds previously 
appropriated by the Congress for the construction of TEDAC 
continues to be a target of budget cuts. Not only is this 
action short-sighted given that TEDAC's groundbreaking is 
imminent, but it would also cancel ongoing efforts to ensure 
the U.S. Government possesses the capacities and capabilities 
needed to counter the threat from terrorist use of explosives 
and improvised explosive devices [IEDs], both domestically and 
globally. The loss of these capacities and capabilities would 
negatively affect the abilities of the military, intelligence, 
homeland security and law enforcement communities to address 
this threat, and would leave this Nation vulnerable to the 
threat from terrorist use of explosives.
    The Committee believes efforts to cancel TEDAC funding are 
unwise and ill-timed, and could leave the American public 
unprepared and unprotected--an unacceptable outcome. The FBI 
has lost nearly 2 years in building an explosives intelligence 
capability that our Nation needs--a capability that is 
recognized in presidential decision directives and threat 
assessments, and by the FBI Director and the military, 
intelligence and homeland security agencies working this threat 
on a daily basis. Therefore, the Committee continues to reject 
this proposed rescission and directs the FBI to obligate the 
funds to complete this critical national security tool.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

Appropriations, 2011....................................  $2,267,433,000
Budget estimate, 2012...................................   2,354,114,000
Committee recommendation................................   2,222,084,000

    The Committee's recommendation provides total resources of 
$2,222,084,000 for the Drug Enforcement Administration [DEA], 
of which $322,000,000 is derived from DEA's Drug Diversion 
Control Fee Account. The recommendation is $45,349,000 below 
the fiscal year 2011 enacted level and $132,030,000 below the 
budget request.
    The DEA's mission is to enforce the controlled substances 
laws and regulations of the United States and bring to the 
criminal and civil justice system of the United States--or any 
other competent jurisdiction--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 to support non-enforcement programs aimed at 
reducing the availability of illicit controlled substances on 
the domestic and international markets.
    Diversion Control Program.--Full funding of $322,000,000 is 
provided for the Diversion Control Program, which is an 
increase of $70,210,000 for expanded forensic support of 
diversion cases and is fully offset with fee collections.
    Southwest Border Enforcement.--The Committee encourages DEA 
to continue to prioritize enforcement efforts along the 
Southwest Border, which includes the enhanced Mexican Sensitive 
Investigation Unit program. These resources will help DEA 
continue its presence along the border, address increased 
workload related to narcotics seizures, and respond to specific 
field intelligence priorities.
    Sensitive Investigative Units.--The DEA's Sensitive 
Investigative Unit program provides funding for vetted units 
with trusted foreign counterparts in Mexico, Afghanistan and 
throughout the world. In Central America, Sensitive 
Investigative Units operate currently only in Panama and 
Guatemala. Given the deteriorating security environment in 
Central America, the Committee believes funding should be 
provided for these units throughout the region. The Committee 
encourages DEA to expand this program to the remaining five 
countries in Central America.
    Mobile Enforcement Teams.--The recommendation adopts the 
proposal in the President's budget to terminate the Mobile 
Enforcement Teams [MET] program.

                              CONSTRUCTION

Appropriations, 2011....................................................
Budget Request, 2011....................................     $10,000,000
Committee recommendation................................      10,000,000

    This appropriation provides funds for the construction of 
DEA facilities and related activities. For fiscal year 2012, 
the Committee recommends $10,000,000, which is equal to the 
budget request.
    El Paso Intelligence Center [EPIC].--EPIC is a national 
tactical intelligence center that supports law enforcement 
efforts throughout the United States, Mexico and the rest of 
the Western Hemisphere, and is DEA's long-standing and most 
important intelligence sharing organization focusing on the 
Southwest Border. Much of EPIC's success stems from its strong 
partnerships forged among the more than 20 Federal, State, and 
local agencies represented at the Center, as well as 
representatives from foreign police organizations in Mexico and 
Colombia. Through its 24-hour Watch function, EPIC collects, 
analyzes and disseminates tactical intelligence for over 19,000 
Federal, State and local law enforcement agents, investigators, 
and analysts at all levels of government, which they can use in 
investigations and operations to target Southwest Border 
smuggling and other violent and criminal activities.
    The high demand in the interagency community for space 
within EPIC clearly demonstrates the value it provides to DEA 
and its law enforcement and intelligence partners. EPIC is 
literally bursting at the seams and has requests from 
additional law enforcement and intelligence agencies for 
additional space and capabilities to house more personnel 
throughout fiscal years 2011 and 2012. In addition, the 
numerous investments made in EPIC over the past several decades 
and its strong reputation among Federal, State, local, and 
foreign partners make EPIC a natural choice for continued 
expansion as law enforcement entities seek to further 
consolidate and coordinate their interdiction, intelligence, 
and investigative activities focused on the Southwest Border 
region. The Committee supports making upgrades to EPIC's 
infrastructure to accommodate the expected and necessary 
growth. Therefore, the recommended level provides $10,000,000 
for costs related to the renovation of the existing EPIC 
facility and architectural/engineering services for the planned 
expansion of the building.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

Appropriations, 2011....................................  $1,112,542,000
Budget estimate, 2012...................................   1,147,295,000
Committee recommendation................................   1,090,292,000

    The Committee's recommendation provides $1,090,292,000 for 
the Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF]. 
The recommendation is $22,250,000 below the fiscal year 2011 
enacted level and $57,003,000 below the budget request.
    The ATF's mission is to reduce violent crime, prevent 
terrorism, and protect the public. ATF reduces the criminal use 
of firearms and illegal firearms trafficking, and assists other 
Federal, State, and local law enforcement agencies in reducing 
crime and violence. ATF investigates bombing and arson 
incidents and provides for public safety by reducing the 
criminal misuse of and trafficking in explosives, combating 
acts of arson and arson-for-profit schemes, and removing safety 
hazards caused by improper and unsafe storage of explosive 
materials.
    United States-Mexico Firearms Trafficking.--The Committee 
continues to support ATF's varied efforts to combat weapon 
trafficking on the border. While the Committee is concerned by 
allegations that ATF may have mismanaged a U.S.-Mexico border 
operation known as Fast and Furious, the Committee believes 
that the Justice Department's Office of Inspector General, to 
which the investigation of this matter has been referred by the 
Attorney General, will fulfill its oversight duties by 
conducting a thorough investigation. The Committee also notes 
that Fast and Furious is but a small part of ATF's extensive 
operations along the Southwest border and should not detract 
from the Bureau's efforts to protect Americans from illegal 
firearms trafficking, gun violence, and parallel drug and human 
trafficking across the U.S.-Mexico border and into the Nation's 
interior.
    Beginning in fiscal year 2012 and thereafter, the ATF shall 
provide the Committee with annual data on the number of 
firearms recovered by the Government of Mexico and traced 
through ATF that were manufactured in or imported into the 
United States prior to being recovered in Mexico. Additionally, 
beginning in fiscal year 2012 and thereafter, the ATF shall 
provide the Committee with annual data on the total number of 
firearms recovered by the Government of Mexico and traced 
through ATF.
    Violent Crime Impact Teams.--The Committee continues to 
support the ATF's Violent Crime Impact Team [VCIT] initiative 
to pursue violent criminals and reduce the occurrence of 
homicides and firearms-related violent crime through the use of 
geographic targeting, proactive investigation, and prosecution 
of those responsible. The VCIT uses a multi-agency approach and 
works closely with State and local law enforcement to identify, 
target, disrupt, arrest, and prosecute violent criminals.
    Conversion of Records.--The Committee recognizes the need 
for ATF to complete the conversion of tens of thousands of 
existing Federal firearms dealer out-of-business records from 
film to digital images at the ATF National Tracing Center 
[NTC]. Once the out-of-business records are fully converted, 
search time for these records will be reduced significantly. 
The Committee urges the ATF to continue the conversion and 
integration of these records.
    National Integrated Ballistic Information Network.--The 
Committee continues to support the National Integrated 
Ballistic Information Network [NIBIN], including significant 
investment made by State and local law enforcement partners to 
build the current NIBIN database. The Committee believes ATF 
should move expeditiously to ensure that ballistic-imaging 
technology is routinely refreshed, upgraded, and deployed to 
State and local law enforcement. The Committee urges ATF to 
prioritize the upgrading and replacement of aging ballistic 
imaging equipment in its fiscal year 2012 operating plan and in 
future budget requests. ATF should ensure upgrades and 
replacements maximize and protect the resources invested by 
State and local law enforcement.
    National Center for Explosives Training and Research 
[NCETR].--Preventing the criminal use of explosives is one of 
the core missions of the ATF, and NCETR serves as the Bureau's 
Center of Excellence for explosives research, training and 
intelligence. The Committee recognizes the state-of-the-art 
facilities housed at NCETR, having invested considerable 
resources between fiscal years 2004 and 2011 to that effort, 
and believes that the administration should provide sufficient 
resources for the Center to fulfill its mission, as initially 
envisioned. Furthermore, the Committee believes that several 
options to further interagency collaboration and training exist 
and merit exploration. Therefore, the Committee requests that 
the Department of Justice produce, not later than 120 days 
after enactment of this bill, an NCETR Five-Year Plan that will 
describe the following: the mission of the facility with 
respect to research, training, and intelligence; the personnel 
and budgetary authority required to execute that mission; 
national, State, and local initiatives to maximize training 
throughput at NCETR; and opportunities for interagency 
collaboration on research and intelligence efforts using the 
NCETR facility.

                         Federal Prison System

    The Committee recommendation provides a total of 
$6,682,481,000 for the Federal Prison System, or the Bureau of 
Prisons [BOP]. The recommendation is $298,414,000 above the 
fiscal year 2011 enacted level and $143,879,000 below the 
budget request.

                         SALARIES AND EXPENSES

Appropriations, 2011....................................  $6,282,410,000
Budget estimate, 2012...................................   6,724,266,000
Committee recommendation................................   6,589,781,000

    The Committee's recommendation provides $6,589,781,000 for 
BOP salaries and expenses. The recommendation is $307,371,000 
above the fiscal year 2011 enacted level and $134,485,000 below 
the budget request.
    The recommendation shall be expended in the following 
manner:

                          SALARIES AND EXPENSES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                          recommendation
------------------------------------------------------------------------
Inmate Care and Programs...............................        2,344,828
Institution Security and Administration................        2,988,565
Contract Confinement...................................        1,034,195
Management and Administration..........................          222,193
                                                        ----------------
      Total............................................        6,589,781
------------------------------------------------------------------------

    The Committee has made great sacrifices to fund BOP 
salaries and expenses as close to the President's request as 
possible at the expense of nearly all other components within 
the Department of Justice. By law, the BOP must accept and 
provide for all Federal inmates, including but not limited to 
inmate care, custodial staff, contract beds, food, and medical 
costs. That means BOP cannot control the number of inmates 
sentenced to prison and, unlike other Federal agencies, cannot 
limit assigned workloads and thereby control operating costs. 
In effect, the BOP's expenses are mandatory, which leaves the 
Bureau with extremely limited flexibility.
    Correctional Officer Staffing--The Federal prison 
population has grown explosively over the last 20 years. Rising 
from roughly 25,000 prisoners in 1980, the population is 
estimated to grow to more than 222,000 by the end of fiscal 
year 2012. BOP estimates that its inmate population will 
increase by at least 5,800 net new inmates per year for 2011 
and 2012. Correspondingly, BOP facilities are operating at 37 
percent above noted capacity systemwide. What is more 
distressing is that the high-security inmate population 
overcrowding rate is at 51 percent. Chronic underfunding based 
on inadequate budget requests and lack of resources have forced 
BOP to rely excessively on correctional officer overtime and 
the diversion of program staff instead of hiring additional 
correctional officers, leaving the workforce spread dangerously 
thin and compromising BOP's ability to operate in a safe and 
efficient manner.
    To continue the steps Congress took in fiscal years 2009, 
2010 and 2011 to address BOP's understaffing problem, the 
Committee provides an increase of at least $232,700,000 over 
fiscal year 2011, to fill 274 vacant correctional worker 
positions to safely manage the growing inmate population at BOP 
institutions. This will allow BOP to hire enough correctional 
staff to meet the 90 percent onboard level recognized by BOP as 
the minimum staffing level for maintaining safety and security.
    Solutions to Inmate Overcrowding.--The Committee recognizes 
that BOP is looking for ways to maximize costs savings and 
sentence reduction opportunities, where they have a neutral or 
positive impact on public safety. On the heels of the 2012 
budget release, the administration transmitted legislative 
proposals to amend the statues governing Federal inmate good 
conduct time credit. The Committee's recommendation does not 
include these proposals, as they are matters that should be 
examined, debated and decided on by the authorizing committees 
of jurisdiction, rather than inserted into appropriations 
bills.
    However, the Committee is gravely concerned that the 
current upward trend in prison inmate population is 
unsustainable and, if unchecked, will eventually engulf the 
Justice Department's budgetary resources. The Committee notes 
that the Bureau possesses authorities through its operational 
discretion under 18 U.S.C section 3624 to, among other 
authorities, maximize the reentry time prisoners spend in 
residential reentry centers as well as home confinement; use 
its direct designation authority under 18 U.S.C. section 
3621(b); expand the criteria for and use of compassionate 
release under 18 U.S.C. section 3582(c)(1)(A); and expand the 
use of the Residential Drug Abuse Program by removing barriers 
to full use of the program.
    Inmate Care and Programs.--This activity covers the costs 
of all food, medical supplies, clothing, welfare services, 
release clothing, transportation, staff salaries (including 
salaries of Health Resources and Services Administration 
commissioned officers), and operational costs of functions 
directly related to providing inmate care. This decision unit 
also finances the costs of education and vocational training, 
drug treatment, religious programs, psychological services, and 
other inmate programs.
    Institution Security and Administration.--This activity 
covers costs associated with the maintenance of facilities and 
institution security. This activity finances institution 
maintenance, motor pool operations, powerhouse operations, 
institution security and other administrative functions. 
Finally, this activity covers costs associated with regional 
and central office executive direction and management support 
functions such as research and evaluation, systems support, 
financial management, budget functions, safety, and legal 
counsel.
    Contract Confinement.--This activity provides for the 
confinement of sentenced Federal offenders in Government-owned, 
contractor-operated facilities, contracts with State and local 
facilities, the care of Federal prisoners in contract community 
residential centers, and assistance by the National Institute 
of Corrections to State and local corrections. This activity 
also covers costs associated with management and oversight of 
contract confinement functions.
    Activations and Expansions.--The Committee provides funds 
to activate prisons constructed by BOP that currently sit empty 
or partially empty due to prior year budget constraints. The 
Committee expects BOP to adhere to the activation schedule 
included in BOP's budget submission regarding those prison 
facilities. BOP shall notify the Committee of any deviations to 
this schedule.
    Employee Retaliation.--The Committee is concerned by recent 
reports published by the Equal Employment Opportunity 
Commission [EEOC] that found widespread and highest fear of 
retaliation among BOP employees in the Federal workforce. 
Between 2003 and 2006, BOP employees filed unusually large 
numbers of complaints with EEOC that alleged retaliation and 
harassment as the most common form of discrimination in the 
workplace. An average 61 percent of BOP's equal employment 
opportunity [EEO] complaints contained retaliation allegations, 
compared to an average 40 percent Governmentwide. In addition, 
reports revealed that BOP employees who engage in the EEO 
process or report discrimination face even further harassment 
by their supervisors and colleagues.
    The BOP's response to these reports has been tepid at best. 
The Committee will not tolerate such a lax approach to 
protecting BOP employees from harassment, as no one should fear 
retaliation in the workplace. The Committee demands that BOP 
implement fully the recommendations included in the EEOC's 
November 2010 Final Program Evaluation Report for the Federal 
Bureau of Prisons. The Bureau will certify to the Committee 
that it has implemented and met the EEOC's recommendations, and 
will submit a report concurrently to the Department's Office of 
Inspector General for review and comment.

                        BUILDINGS AND FACILITIES

Appropriations, 2011....................................     $98,957,000
Budget estimate, 2012...................................      99,394,000
Committee recommendation................................      90,000,000

    The Committee's recommendation provides $90,000,000 for the 
construction, modernization, maintenance, and repair of prison 
and detention facilities housing Federal prisoners. The 
recommendation is $8,957,000 below the fiscal year 2011 enacted 
level and $9,394,000 below the budget request.
    The Committee recommendation provides for $66,965,000 for 
modernization and repairs.
    The Committee includes bill language stipulating that no 
BOP resources may be used for facilities to house detainees 
from the United States Naval Station, Guantanamo Bay, Cuba.
    Construction.--Although BOP plans to activate three new 
prisons in 2015 and four new prisons beginning in 2016, it will 
be unable to maintain that schedule without significant new 
construction appropriation requests for fiscal years 2012 and 
2013. The Committee notes, however, that even if BOP stays on 
track in constructing and activating planned new prisons, the 
inmate population growth is expected to continue to exceed the 
planned growth in capacity in the foreseeable future. The 
Committee directs BOP to resume providing to the Committee, 
within 30 days of enactment of this act, the most recent 
monthly status of construction report, and to notify the 
Committees of any deviations from the construction and 
activation schedule identified in that report, including 
detailed explanations of the causes of delays and actions 
proposed to address them.

                FEDERAL PRISON INDUSTRIES, INCORPORATED

                (LIMITATION ON ADMINISTRATIVE EXPENSES)

Appropriations, 2011....................................      $2,700,000
Budget estimate, 2012...................................       2,700,000
Committee recommendation................................       2,700,000

    The Committee recommendation provides a limitation on the 
administrative expenses of $2,700,000 for the Federal Prison 
Industries, Inc. The recommendation is equal to the fiscal year 
2011 enacted level and the budget request.

               State and Local Law Enforcement Activities

    Collaboration Between Grants Administering Components.--For 
many years, the Office on Violence Against Women [OVW], the 
Office of Justice Programs [OJP], and the Office of Community 
Oriented Policing Services [COPS] have collaborated on many 
projects and initiatives to address problems that fall within 
their respective missions. Particularly in addressing the 
pressing issue of children exposed to violence, the Committee 
strongly encourages OVW, OJP, and COPS to continue and improve 
upon their collaborative efforts, where possible, in order to 
avoid duplication of effort and to make the best possible use 
of their appropriations.
    Through its many programs, especially the high-profile 
Byrne Justice Assistance Grants program, OJP's Bureau of 
Justice Assistance [BJA] plays a critical role in supporting 
State, local, and tribal criminal justice systems by dedicating 
Federal resources to address pressing and emerging criminal 
justice issues. The Committee strongly encourages BJA, where 
possible, to target resources strategically toward reducing, 
controlling, and preventing crime, drug abuse, and gang 
activity in high-crime neighborhoods by supporting 
collaborative partnerships between law enforcement agencies and 
community-based organizations that balance and coordinate 
targeted law enforcement effectively with prevention, 
intervention, and neighborhood restoration services.
    In an era of scarce resources, it is particularly important 
to ``work smarter'' through evidence-based projects of proven 
effectiveness, innovation, targeted training and technical 
assistance, and multi-disciplinary collaboration, so as to 
maximize the result for each dollar spent. For this reason, the 
Committee believes OJP should redouble its emphasis, where 
possible, on collaborative multi-disciplinary efforts, firm 
evidence-based approaches, and capacity-building on the State, 
local, and tribal levels. Collaborative efforts that spread 
knowledge and encourage innovation across multiple 
jurisdictions are particularly encouraged.
    Through BJA, OJP performs a vital function in supporting 
and improving State, local, and tribal efforts to reduce 
criminal recidivism and provide effective alternatives to 
incarceration. Where possible, BJA should devote resources to 
continue and further its work in this important area, including 
through innovative projects and activities such as Project 
HOPE.
    Salaries and Expenses.--All activities related to the 
management and administration of discretionary grant programs, 
grants and cooperative agreements shall be supported only with 
funding provided via the separate Salaries and Expenses [S&E] 
appropriation provided in the bill for each grant office. OVW, 
OJP, and COPS are directed to develop formal definitions of 
management and administration costs or detailed guidance 
governing decisions about the types of costs that may be 
charged to each office's S&E account. In addition, each grant 
office shall detail actual and projected S&E costs by program, 
including personnel costs, as part of the budget submission for 
future fiscal years.
    Workload Analysis.--OVW, OJP and COPS are each directed to 
conduct a workload analysis to ensure that their respective 
staffing levels and mix of personnel accurately reflect 
workload and need. Each office shall provide a report to the 
Committee within 6 months of the date of enactment of this act 
describing its updated staffing model based on the results of 
its workload analysis. Within 6 months of the date on which the 
offices submit their reports, GAO is directed to report to the 
Committee, evaluating each office's staffing model and making 
recommendations, as warranted, on how each office's staffing 
model could be further improved.
    Training, Technical Assistance, Research and Statistics and 
Peer Review.--Training and technical assistance [T&TA] 
activities, research and statistics activities and peer review 
performed by OJP, OVW and COPS, or through interagency 
agreements or under contract for OJP, OVW and COPS, may be 
supported with program funds, subject to the submission of 
details related to planned costs in these categories by program 
as part of the Department's fiscal year 2012 spending plan. As 
part of the budget submission for fiscal year 2013 and future 
years, the Department is directed to detail the actual costs 
for each grant office in each of these categories for the prior 
fiscal year, along with estimates of planned expenditures by 
each grant office in each of these categories for the current 
year and the budget year.
    Non-compliant Grantees.--OJP, COPS and OVW appear to be 
using different sanctions and remedies for grantees that are 
determined to be out of compliance with grant requirements. The 
Department should work to consolidate rules and procedures 
across the three offices in order to produce the most 
consistent possible compliance enforcement process possible.
    Evidence-based Programs.--The Committee strongly urges OJP, 
COPS and OVW to ensure that, to the greatest extent 
practicable, competitive grants are used for evidence-based 
programs and activities.

                    Office on Violence Against Women


       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

Appropriations, 2011....................................    $417,663,000
Budget estimate, 2012...................................     431,750,000
Committee recommendation................................     417,663,000

    The Committee's recommendation provides $417,663,000 for 
Office on Violence Against Women [OVW] grants. The 
recommendation is equal to the fiscal year 2011 enacted level 
and $14,087,000 below the budget request. As in fiscal year 
2011, the Office on Violence Against Women is funded as its own 
heading under this title.
    Domestic violence, sexual assault, dating violence and 
stalking are crimes of epidemic proportions that impact 
millions of individuals in every community in the United 
States. For 17 years, Violence Against Women Act [VAWA] 
programs have supported community efforts around the Nation to 
effectively respond to domestic violence, sexual assault, 
stalking, and dating violence. In the 109th session, Congress 
unanimously passed a VAWA reauthorization to continue 
successful programs and create targeted new programs to address 
gaps in prevention services, housing, healthcare, criminal 
justice, and employment issues, and meet the needs of youth, 
native women, communities of color, and victims of sexual 
violence. These programs are designed to meet specific needs 
and create collaborations between distinct groups that can 
leverage their expertise and resources to address different 
aspects of domestic and sexual violence.
    Domestic violence impacts one in four American women over 
their lifetimes, and 15.5 million children are exposed to 
domestic violence each year. Though the incidence of domestic 
violence assaults and murders has steadily decreased, there is 
an increase in demand for services due to improved criminal 
justice response, heightened public awareness, and an increase 
in victims' willingness to come forward.
    Victims rely on services to escape violence and rebuild 
their lives. When victims of domestic violence, sexual assault, 
dating violence or stalking take the difficult step to reach 
out for help, many are in life-threatening situations and must 
be able to find immediate refuge. Given the dangerous and 
potentially lethal nature of these crimes, the Committee's 
funding recommendation reflects its belief that it is more 
important than ever to increase investments in efficient, cost-
effective, proven programs that save lives and prevent future 
violence.
    The table below displays the Committee recommendations for 
the programs under this office.

       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Program                           recommendation
------------------------------------------------------------------------
STOP Grants............................................         194,000
    Children Exposed to Violence Initiative............         (10,000)
National Institute of Justice--Research and Evaluation.           3,000
Transitional Housing Assistance........................          25,000
Grants to Encourage Arrest.............................          45,913
    Homicide Reduction Initiative......................          (5,000)
Rural Domestic Violence Assistance Grants..............          34,000
Violence on College Campuses...........................           9,000
Civil Legal Assistance.................................          45,000
Sexual Assault Victims Services........................          25,000
Elder Abuse Grant Program..............................           4,000
Safe Havens Project....................................          11,250
Education and Training for Disabled Female Victims.....           5,000
Court Training and Improvements........................           4,000
    Family Court Initiative............................          (1,000)
Consolidated Youth-oriented Program....................          10,000
Analysis and Research on Violence Against Indian Women.           1,000
National Resource Center on Workplace Responses........           1,000
American Indian/Native Alaskan Sexual Assault Clearing              500
 House.................................................
                                                        ----------------
      Total............................................         417,663
------------------------------------------------------------------------

    STOP Grants.--Within the funds appropriated, $194,000,000 
is for formula grants to the States. The fiscal year 2012 
recommendation will allow jurisdictions to implement mandatory 
pro-arrest and prosecution policies to prevent, identify, and 
respond to violent crimes against women, support coordination 
of State victim services, assist Native victims in Indian 
country, and provide secure settings and specialized procedures 
for visitation and exchange of children in families 
experiencing domestic violence. The recommendation supports 
increasing access to comprehensive legal services for victims, 
providing short-term housing assistance and support services 
for domestic violence victims and education and training to end 
violence against and abuse of women with disabilities.
    Sexual Assault Services Act [SASA].--The Committee's 
recommendation provides $25,000,000, which is $10,030,000 above 
the fiscal year 2011 enacted level and $10,000,000 below the 
budget request, to fund directly the needs of sexual assault 
victims.
    One in 6 women and 1 in 33 men have experienced an 
attempted or completed rape. More than one-half of all rapes of 
women occur before they reach the age of 18. In 2007, an 
estimated 250,000 people were raped or sexually assaulted; 
however, only 42 percent of rape and sexual assault victims say 
they reported the crime to the police.
    As part of the Violence Against Women Act of 2005, Congress 
created the Sexual Assault Services Program [SASP] to address 
considerable gaps in services to sexual assault victims and 
their families. The Committee supports a dedicated stream of 
funding to provide a broad range of services to male, female 
and child sexual assault victims and their families through the 
well-established and well-regarded system of community-based 
rape crisis centers throughout the United States. The Committee 
maintains its strong commitment to ensuring that these rape 
crisis centers have access to technical assistance, training 
and support. SASP will provide such assistance through sexual 
assault coalitions located in every State, territory and within 
a number of tribes.
    Transitional Housing Assistance Grants.--The Committee 
approves the approach taken by the administration to make 
Transitional Housing Assistance an independent program under 
OVW, where it will no longer have to compete directly against 
STOP grants for resources. In addition, due to the 
unprecedented demand by victims of domestic violence, dating 
violence, sexual assault and stalking for housing and support 
services, the Committee provides $25,000,000 for this program, 
an increase of $7,036,000 over the fiscal year 2011 enacted 
level and equal to the budget request.
    Legal Assistance for Victims [LAV].--The Committee provides 
the full budget request of $45,000,000 to support victims' 
access to civil legal remedies, including civil protection 
orders, child support and custody, and housing and public 
benefits assistance. LAV is the only Federal program designed 
to meet all of these needs; therefore, demand for these 
services is high and LAV is one of OVW's most competitive 
programs. Based on these factors, the Committee's 
recommendation is $4,082,000 above the fiscal year 2011 enacted 
level.
    Consolidated Youth-Oriented Program.--The Committee's 
recommendation includes $10,000,000 for the administration's 
proposal to fund a comprehensive array of prevention and 
intervention services for children and youth victims of 
domestic violence, dating violence, sexual assault and 
stalking. Additionally, it seeks to engage men and youth to 
work as allies to end violence against women and girls. This 
program consolidates four OVW programs: Engaging Men and Youth 
in Prevention, Grants to Assist Children and Youth Exposed to 
Violence, Supporting Teens Through Education, and Services to 
Advocate and Respond to Youth. The Committee believes this 
consolidation will allow OVW to leverage resources for maximum 
impact in communities by funding comprehensive projects that 
include both youth service and prevention components.
    Homicide Reduction Initiatives.--The Committee provides 
$5,000,000 under Grants to Encourage Arrest Policies to address 
the urgent problem of homicide of the abused, especially those 
in escalating domestic violence situations. Studies show that 
abused women who receive domestic violence services, such as 
shelter, counseling and protective orders, are less likely to 
be victims of murder or attempted murder. There is a 60 percent 
reduction in risk of severe assault when victims of abuse 
utilize the services of a domestic violence advocacy program. 
Abused women who never receive these services, however, are 
much more likely to be killed by their abusers. Despite these 
good outcomes, however, only 4 percent of victims of actual or 
attempted intimate partner violence utilize the services of 
community-based domestic violence programs.

                         SALARIES AND EXPENSES

Appropriations, 2011\1\.................................     $21,006,000
Budget estimate, 2012\1\................................      23,148,000
Committee recommendation................................      20,580,000

\1\In the fiscal year 2011 enacted act, funds for the management and 
administration of programs at OVW, OJP, and COPS were provided within a 
joint Salaries and Expenses appropriation. The OVW portion of this joint 
appropriation was $21,006,000, between direct appropriations and 
approved reprogramming of funds, in fiscal year 2011 and $23,148,000 in 
the fiscal year 2012 request.

    This appropriation supports all activities related to the 
management and administration of OVW grant programs, grants and 
cooperative agreements, including peer review. For fiscal year 
2012, the Committee recommends $20,580,000, which is $2,568,000 
below the equivalent amount requested under the joint salaries 
and expenses appropriation and $426,000 below the fiscal year 
2011 enacted level.

                       Office of Justice Programs

    The Office of Justice Programs [OJP] is responsible for 
providing leadership, coordination and assistance to its 
Federal, State, local and tribal partners to enhance the 
effectiveness and efficiency of the United States justice 
system in preventing, controlling and responding to crime. 
Because most of the responsibility for crime control and 
prevention falls to law enforcement officers in States, cities 
and neighborhoods, the Federal Government is effective in these 
areas only to the extent that it can enter into partnerships 
with these jurisdictions. Therefore, OJP is tasked with 
administering grants; collecting statistical data and 
conducting analyses; identifying emerging criminal justice 
issues; developing and testing promising and innovative 
approaches to address these issues; evaluating program results; 
and disseminating these findings and other information to 
State, local and tribal governments.
    The Committee recommends a total of $1,632,370,000 for OJP, 
which is $286,285,000 below the budget request and $65,510,000 
below the fiscal year 2011 enacted level. For fiscal year 2012, 
the Committee has established a ``Research, Evaluation and 
Statistics'' appropriation to replace the ``Justice 
Assistance'' appropriation and created a separate Salaries and 
Expenses appropriation for OJP.
    Six years ago, DOJ was responsible for administering 
approximately 72 grant accounts. Today, more than 120 grants 
are administered by the Department. While the intent of these 
grant programs are noble, the Committee is concerned that the 
perpetual authorization and proposal for new grants, while not 
de-authorizing or omitting redundant and archaic ones, has 
become unmanageable. The Committee directs the Department to 
work closely with Congress to consider seriously the 
modification of existing programs and omission of outdated 
programs before new proposals and initiatives are unveiled. The 
Committee urges the Department to devise a proposal to 
consolidate and eliminate ineffective grant programs by 
outreach to Congress and emphasis on what works and what is 
cost effective for the taxpayers' dollars.

                  RESEARCH, EVALUATION, AND STATISTICS

                     (INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2011....................................    $234,530,000
Budget estimate, 2012...................................     178,500,000
Committee recommendation................................     121,000,000

    The Committee's recommendation provides $121,000,000 for 
the Research, Evaluation, and Statistics account, formerly 
known as the Justice Assistance account. The recommendation is 
$113,530,000 below the fiscal year 2011 enacted level and 
$57,500,000 below the budget request.
    These programs provide support to State and local law 
enforcement. Funding in this account provides assistance in the 
areas of research, evaluation, statistics, hate crimes, DNA and 
forensics, and criminal background checks, among others.
    The Committee's recommendations are displayed in the 
following table:

                   RESEARCH, EVALUATION AND STATISTICS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                       Program                           recommendation
------------------------------------------------------------------------
Bureau of Justice Statistics.........................            45,000
    National Crime Victimization Survey [NCVS].......           (26,000)
    Redesign Work for the NCVS.......................           (10,000)
    Indian Country Statistics........................              (500)
National Institute of Justice........................            40,000
    DNA/Forensics Transfer to NIST/OLES..............            (5,000)
Evaluation Clearinghouse.............................             1,000
Regional Information Sharing Activities..............            35,000
                                                      ------------------
      TOTAL..........................................           121,000
------------------------------------------------------------------------

    National Institute of Justice [NIJ].--The Committee's 
recommendation provides $40,000,000 for the NIJ. NIJ's mission 
is to advance scientific research, development and evaluation 
to advance the administration of justice and public safety. The 
Committee expects NIJ to carry out the new initiatives proposed 
in fiscal year 2012 to the extent possible within the funds 
provided, which includes the following areas: maximizing the 
value of forensic evidence; establishing the effectiveness of 
criminal justice diversion methods and strategies; eliminating 
rape kit backlogs (pilots); Indian country crime and 
victimization research; improving prescription drug monitoring; 
improving inmate re-entry; improving risk-based decision-making 
in the criminal justice system; and establishing better 
understanding of the risk-based factors leading to domestic 
radicalization and related acts of violence/terrorism, among 
others. The Committee directs that, prior to the obligation of 
any funds, NIJ submit a spend plan on how resources will be 
allocated.
    DNA and Forensics Research and Evaluation.--The fiscal year 
2012 budget request eliminates resources to assist with 
critical forensics and DNA research and evaluation. The 
Committee continues to recognize those areas as vital 
components to maintaining and advancing the quality and 
proficiency within Federal, State, and local crime laboratory 
facilities. Therefore, from within the amounts provided for 
NIJ, OJP shall directly transfer $5,000,000 to the National 
Institute of Standards and Technology [NIST] Office of Law 
Enforcement Standards [OLES] to support the continuation of the 
development of standards and standard reference materials.
    Evaluation Clearinghouse.--The Committee's recommendation 
includes $1,000,000 for an Evaluation Clearinghouse/What Works 
Repository, an online source for evidence-based information on 
what works and what is promising in criminal and juvenile 
justice policy and practice, to be administered by the Office 
of the Assistant Attorney General.
    Regional Information Sharing Activities.--The Committee 
recommends $35,000,000 to support activities that enable the 
sharing of nationwide criminal intelligence and other resources 
with State, local, and other law enforcement agencies and 
organizations. Such activities should address critical and 
chronic criminal threats, including gangs, terrorism, 
narcotics, weapons and officer safety or ``event 
deconfliction,'' and should reflect regional as well as 
national threat priorities. In addition, funds shall be 
available to support local-to-local law enforcement data and 
information sharing efforts focused on solving routine crimes, 
especially in rural areas, by sharing law enforcement 
information not categorized as criminal intelligence. All 
activities shall be consistent with national information-
sharing standards and requirements as determined by the Bureau 
of Justice Assistance.
    Collaboration Among State Corrections, Alcohol and Drug 
Abuse, and Mental Health Program Directors.--The conferees 
encourage BJA to continue working with the Substance Abuse and 
Mental Health Services Administration [SAMHSA] to foster 
collaboration among the Association of State Corrections 
Administrators [ASCA], the National Association of State 
Alcohol and Drug Abuse Directors [NASADAD], and the National 
Association of State Mental Health Program Directors [NASMHPD].

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011....................................  $1,117,845,000
Budget estimate, 2012...................................   1,173,500,000
Committee recommendation................................   1,063,498,000

    The Committee's recommendation provides $1,063,498,000 for 
State and local law enforcement assistance. The recommendation 
is $54,347,000 below the fiscal year 2011 enacted level, and 
$110,002,000 below the budget request.
    The Committee's recommendations are displayed in the 
following table:

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                       Program                           recommendation
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants.............           395,000
    SLATT Intelligence State and Local Training......            (3,000)
    State and Local Assistance Help Desk and                     (4,000)
     Diagnostic Center...............................
    Smart Probation..................................            (5,000)
    VALOR Initiative.................................            (3,000)
State Criminal Alien Assistance Program..............           273,000
Border Prosecution Initiatives.......................            20,000
Byrne Competitive Grants.............................            21,000
Victims of Trafficking Grants........................            10,500
Drug Courts..........................................            35,000
Mental Health Courts.................................             9,000
Residential Substance Abuse Treatment for State                  10,000
 Prisoners...........................................
Capital Litigation...................................             4,000
Economic, High-tech and Cybercrime Prevention........            10,000
John R. Justice Grant Program........................             5,000
Adam Walsh Act Implementation........................            23,000
Children Exposed to Violence Initiative..............            10,000
Byrne Criminal Justice Innovation Program............            20,000
Bulletproof Vests Partnerships.......................            24,850
    NIST/OLES........................................            (1,500)
National Sex Offender Website........................             1,000
Violent Gang and Gun Crime Reduction.................            10,000
National Instant Criminal Background Check System                10,000
 [NICS]..............................................
Criminal Records Upgrade.............................             8,000
Paul Coverdell Forensic Science......................            15,000
DNA Analysis Backlog Reduction/Crime Labs............           131,000
    Debbie Smith DNA Backlog grants..................          (123,000)
    Kirk Bloodsworth Post-Conviction DNA Testing                 (4,000)
     grants..........................................
    Sexual Assault Nurse Examiners...................            (4,000)
Court-Appointed Special Advocates [CASA].............             2,500
Training for Judicial Personnel......................             1,500
National Forum on Youth Violence Prevention..........             3,000
General State and Local Assistance...................            11,148
                                                      ------------------
      Total..........................................         1,063,498
------------------------------------------------------------------------

    Edward Byrne Memorial Justice Assistance Grant Program.--
The Committee recommends $395,000,000 for Edward Byrne Memorial 
Justice Assistance Grants (Byrne-JAG). Funding is not available 
for luxury items, real estate or construction projects. The 
Department should strongly encourage State, local and tribal 
governments to target funding to programs and activities that 
are in conformance with evidence-based strategic plans 
developed through broad stakeholder involvement. The Department 
is directed to make technical assistance available to State, 
local and tribal governments for the development or updating of 
such plans.
    State and Local Assistance Help Desk and Diagnostic 
Center.--Within the funds provided for Byrne-JAG, the Committee 
provides $4,000,000 to establish the State and Local Assistance 
Help Desk and Diagnostic Center, which is one of the new 
initiatives proposed by the administration. This Center will 
establish a resource within OJP to provide the ``one-stop'' 
diagnostic, problem-solving, and ``aftercare'' resources to 
help local communities identify, respond to, and begin to solve 
persistent public safety problems like gun violence, jail 
violence, gang homicides, and truancy.
    VALOR Initiative.--The Committee recommends $3,000,000 
within the Byrne-JAG Program for the administration's proposal 
called Preventing Violence Against Law Enforcement Officer 
Resilience and Survivability Initiative [VALOR]. This is a 
national training initiative that will promote a culture of 
safety within Federal, State, local and law enforcement 
agencies by training officers to respond to and react better in 
deadly situations, such as ambush attacks, while on duty. Bill 
language makes Federal law enforcement officers eligible for 
training under this initiative.
    Smart Probation.--The Committee's recommendation provides 
$5,000,000 within Byrne-JAG for the administration's proposal 
called Smart Probation to help State, local and tribal criminal 
justice systems improve the effectiveness of their probation 
programs and reduce criminal recidivism. This initiative will, 
among other things, advance new strategies in probation to 
increase public safety and make probation supervision more 
effective; promote the integration of probation supervision 
strategies and services; and increase collaboration and 
strategic partnerships between probation offices and local law 
enforcement.
    Capital Litigation.--The Committee's recommendation 
provides $4,000,000 for Capital Litigation Improvement Grants, 
as authorized in the Justice For All Act, Public Law 108-405. 
The Committee directs that any grant provided for the Capital 
Litigation Improvements shall be provided pursuant to section 
426 of the Justice For All Act.
    National Technical Assistance and Training.--The Committee 
encourages the Department to continue its efforts to assist 
States in the development and use of criminal justice 
information systems that accelerate the automation of 
identification processes for fingerprints and other criminal 
justice data, and which improve the compatibility of State and 
local law enforcement systems with the FBI's Integrated 
Automated Fingerprint Identification System [IAFIS].
    National Motor Vehicle Title Information System.--The 
Committee recognizes the importance of the National Motor 
Vehicle Title Information System [NMVTIS] as an effective tool 
to prevent the fraudulent use of vehicle title documents, 
investigate vehicle thefts and thwart terrorist financing 
activities. OJP is encouraged to continue its good work and 
financial support of the NMVTIS operator and the Committee is 
encouraged to see 39 States are participating in the program. 
For NMVTIS to be an effective tool in assisting law enforcement 
nationwide, all States must be fully connected and able to 
share critical title information. The Committee encourages OJP 
to once again designate funding to the States to comply with 
the NMVTIS rule.
    John R. Justice Grants.--The Committee's recommendation 
provides $5,000,000 pursuant to section 952 of Public Law 110-
315, which authorizes student loan repayment assistance for 
State and local prosecutors and public defenders, as well as 
Federal public defenders, to complement existing student loan 
repayment options for Federal prosecutors.
    Human Trafficking.--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. In the last year 
there have been over 1,200 incidents of trafficking in the 
United States. Trafficking victims are subjected to physical, 
mental, and even sexual abuse. Victims need various types of 
assistance to begin healing and recovery, including counseling, 
housing, medical care, support groups, and legal assistance.
    The Committee's recommendation provides $10,500,000 for 
task force activities and services for U.S. citizens, permanent 
residents and foreign nationals who are victims of trafficking, 
including no less than $4,690,000 for victim services for 
foreign national victims of trafficking. OJP shall consult with 
stakeholder groups in determining the overall allocation of 
Victims of Trafficking funding, and shall provide to the 
Committee a plan for the use of these funds as part of the 
Department's fiscal year 2012 spending plan. The spending plan 
should be guided by the best information available on the 
regions of the United States with the highest incidence of 
trafficking.
    Byrne Criminal Justice Innovation Program.--The Committee 
provides $20,000,000 to support the administration's proposal 
for the new Byrne Criminal Justice Innovation Program, which 
will provide demonstration grants in communities to support 
innovative, evidence-based approaches to fighting crime and 
improving public safety, as well as addressing its underlying 
problems. The program will be coordinated with the Department 
of Housing and Urban Development [HUD] and other agencies, 
supporting an interagency initiative on Neighborhood 
Revitalization.
    Persistent crime and public safety problems, especially 
gang activity, cannot be addressed solely by law enforcement. 
These issues require a comprehensive interagency approach that 
enables law enforcement, educators, social services agencies, 
and community organizations to address both public safety 
problems and their underlying causes. This new program will 
build upon the approach of supporting communities that combine 
law enforcement, community policing, prevention, intervention, 
treatment, and neighborhood restoration. The new initiative 
will focus on promoting interagency collaboration and enable a 
wide range of new and existing partners to further stabilize 
neighborhoods that face the severest violence and crime.
    Flexible Tribal Assistance.--The Committee recommends the 
Department's proposal to fund tribal grant programs by 
permitting 7 percent of discretionary grant and reimbursement 
program funds made available to OJP to be used for tribal 
criminal justice assistance, and continues to support strongly 
efforts to help tribes improve the capacity of their criminal 
justice systems. OJP is expected to consult closely with tribal 
stakeholders in determining how tribal assistance funds will be 
awarded for detention facilities, courts, alcohol and substance 
abuse programs, civil and criminal legal assistance, and other 
priorities. As part of the Department's spending plan for 
fiscal year 2012, OJP shall provide a plan for the use of these 
funds that has been informed by such consultation. Additional 
funding for tribes is provided through the Office of Community 
Oriented Policing Services [COPS] and the Office on Violence 
Against Women [OVW].
    Byrne Competitive Grants.--The Committee's recommendation 
includes $21,000,000 for competitive, peer-reviewed grants to 
programs of national significance to prevent crime, improve the 
administration of justice or assist victims of crime. Within 60 
days of enactment of this act, OJP is directed to provide a 
report and spend plan to the Committee, which detail the 
criteria and methodology that will be used to award these 
grants. The Committee expects that OJP will take all steps 
necessary to ensure fairness and objectivity in the award of 
these and future competitive grants. It is expected that 
national programs that have previously received funding under 
the Byrne discretionary program will be eligible to compete for 
funding under this competitive grant program.
    Border Prosecution Initiatives.--The Committee's 
recommendation provides $20,000,000 to assist State and local 
law enforcement, including prosecutors, probation officers, 
courts and detention facilities along both the Southwestern and 
Northern borders involved in the investigation and prosecution 
of drug and immigration cases referred from Federal arrests.
    Drug Courts.--The Committee's recommendation provides 
$35,000,000 for the Drug Courts program. Drug courts greatly 
improve substance abuse treatment outcomes, substantially 
reduce crime, and produce significant societal benefits. The 
Committee is concerned that while there are 1.47 million 
nonviolent drug addicted arrestees who are legally and 
clinically eligible for Drug Court, only 55,000 are currently 
served by the program. The Committee supports the expansion of 
drug courts in order to bring the Drug Court Program to scale 
and effectively address this population.
    The Committee notes the distinct success of the Drug Courts 
and Mentally Ill Offender grant programs. While the Committee 
applauds the Department for attempting to consolidate grant 
programs, the Committee rejects this proposal given that 
professionals in the field have made a clear distinction 
between the two programs. However, the Committee encourages the 
Department to continue looking for ways to consolidate other, 
more duplicative grant programs.
    Veterans Treatment Court.--The Committee is encouraged by 
the innovative efforts in some communities to create veterans' 
treatment courts, which result in improved service and justice 
to military veterans and their families. The Committee 
encourages OJP to exercise full discretion in considering 
veterans treatment courts for funding under the Drug Court 
Discretionary Grant Program.
    Second Chance Act.--In order to pay for a nearly half a 
billion dollar increase above the fiscal year enacted level for 
Federal Prison Systems costs, the Committee regrettably 
provides no funds for the Second Chance Act (Public Law 110-
199), a comprehensive response to improve outcomes for people 
released from prisons and jails and returning to our 
communities.
    Bulletproof Vests.--Within the $24,850,000 provided for 
bulletproof vests, $1,500,000 is to be transferred directly to 
the National Institute of Standards and Technology's [NIST] 
Office of Law Enforcement Standards [OLES] to continue 
supporting ballistic- and stab-resistant material compliance 
testing programs.
    Paul Coverdell Forensic Science.--The Committee's 
recommendation provides $15,000,000 for Paul Coverdell Forensic 
Sciences Improvement Grants. Coverdell grants are intended to 
improve the quality and timeliness of forensic science and 
medical examiner services, including services provided by 
State-operated laboratories and those operated by units of 
local government. Coverdell grants provide flexibility to State 
and local crime labs by allowing them to obtain funds to 
address their most critical needs.
    DNA Backlog/Crime Lab Improvements.--The Committee 
continues its strong support for DNA backlog and crime lab 
improvements by recommending $131,000,000 to strengthen and 
improve Federal and State DNA collection and analysis systems 
that can be used to accelerate the prosecution of the guilty 
while simultaneously protecting the innocent from wrongful 
prosecution. Within the funds provided, $123,000,000 is for 
Debbie Smith DNA Backlog Reduction grants, $4,000,000 is for 
Kirk Bloodsworth Post-Conviction DNA Testing grants, and 
$4,000,000 is for Sexual Assault Nurse Examiners [SANE] 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.
    Economic, High-tech and Cybercrime Prevention.--The 
Committee recommends $10,000,000 for competitive grants to 
support and train State and local law enforcement agencies in 
the prevention, investigation and prosecution of economic, 
high-tech and Internet crimes, including the intellectual 
property crimes of counterfeiting and piracy, as authorized 
under the PRO-IP Act of 2008 (Public Law 110-403).
    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.
    Adam Walsh Act Implementation.--The Committee provides 
$23,000,000 to support the administration's proposal to help 
all 50 States, the District of Columbia, and 248 jurisdictions 
that are working to come into compliance with the Sex Offender 
Registration and Notification Act [SORNA], as well as provide 
for sex offender management and treatment. These grants will 
provide critical support to the comprehensive, nationwide 
effort to locate, register, monitor, apprehend, prosecute and 
manage child sexual predators and exploiters that was 
envisioned by SORNA.
    National Forum on Youth Violence Prevention.--The Committee 
provides $3,000,000 for the administration's proposal for the 
new National Forum on Youth Violence Prevention. The Forum will 
allow participating cities to share challenges and promising 
strategies, and develop or enhance effective comprehensive 
plans to prevent youth and gang violence in their cities, using 
multidisciplinary partnerships, balanced approaches, and data-
driven strategies. The program aims to reduce violence, improve 
opportunities for youth and improve public safety, and 
encourage innovation at the local and Federal levels.
    Direct Legal Representation of Crime Victims.--In June 
2010, the Office for Victims of Crime [OVC] notified the 
Victims of Crime Act [VOCA] victim assistance formula 
administrators that the VOCA funds may be used to support 
direct legal representation in the enforcement of victims' 
rights in criminal court proceedings. It remains unclear, 
however, if VOCA administrators have allotted formula victim 
assistance funding for enforcement services and, if so, to what 
extent.
    The Committee encourages the use of available VOCA formula 
funds to include services for the enforcement of victims' 
rights and reminds OVC that victims and their representatives 
should have access to these enforcement services in Federal and 
State criminal cases. The Committee expects OJP and OVC to 
consult with VOCA administrators and stakeholders who provide 
legal counsel and support services in criminal cases for the 
enforcement of victims' rights in determining how victim 
assistance formula funds may be used to include enforcement 
services. OVC shall submit a report to the Committee within 60 
days of notifying States of their VOCA victim assistance 
formula allocation for fiscal year 2012 on: (1) if OVC's 
guidelines make it clear that enforcement services are an 
eligible use of VOCA victim assistance funds, including how to 
access the enforcement services; and (2) whether or not 
reporting requirements for VOCA formula administrators and sub-
recipients of VOCA funding indicate that individuals were 
notified of the enforcement services, as well as the number of 
individuals who received enforcement services, including by 
type of crime.
    Examination of DNA and Forensic Analysis Grants Uses.--The 
Committee remains concerned about NIJ's use of DNA and forensic 
analysis funding. The primary intent of this funding is to 
reduce DNA backlogs and enhance the capacity of State and local 
crime labs to handle and process forensic evidence and ensure 
that future backlogs do not occur. Despite full DNA analysis 
funding in the last 3 years, a significant backlog of DNA 
samples and rape kits remains in public crime laboratories. 
This backlog imperils prosecutions or exonerations associated 
with sexual assaults, homicides and other heinous crimes.
    Too often, to the Committee's dismay, NIJ appears to 
fritter away forensic and DNA analysis funding by broadly 
dispersing grants to agencies and entities of dubious merit. 
The Committee has uncovered expenditures of forensic DNA 
funding for: (1) polling firms; (2) colleges and universities; 
(3) cell phone technology components; (4) entities of uncertain 
mission that employ heads of influential forensics policy 
advisory groups; and (5) other outlays that do not appear to 
contribute to DNA backlog reduction. NIJ persists, however, in 
tailoring narrow grant solicitations and directing the majority 
of funds toward questionable projects, such as the Forensic 
Science Technology Center of Excellence [FSTCE], which has 
received more than $22,000,000 for the last 3 years, and other 
projects that do not contribute directly to accelerating DNA 
evidence processing for use in felony cases.
    The Committee's patience has been exhausted. Based on the 
combination of past waste and the current bleak budget 
environment, the Committee directs the Department to ensure 
that all DNA Initiative and Coverdell Forensic Science 
Improvement funding be available only to State and local 
forensic labs for the sole purpose of actively reducing the 
backlog of DNA evidence. The Committee directs the Department 
to submit quarterly progress reports on DNA funding 
distribution beginning 60 days after date of enactment of the 
accompanying act. Further, if the Department sees the need for 
FSTCE, it should incorporate these functions into its budget 
request.
    In addition, the Committee directs the DOJ Inspector 
General to conduct an examination of all of the past 3 years of 
DNA funding awards to nongovernment entities that are not 
affiliated with a public DNA laboratory. Criteria should 
include the methodology and merits in creating the 
solicitations of these funds; if the results of the awards have 
a direct and measurable impact on reducing the DNA backlog; and 
how the obligations of the solicitations have been fulfilled.

                       JUVENILE JUSTICE PROGRAMS

Appropriations, 2011....................................    $275,423,000
Budget estimate, 2012...................................     280,000,000
Committee recommendation................................     251,000,000

    The mission of the Office of Juvenile Justice and 
Delinquency Prevention [OJJDP] is to provide national 
leadership, coordination and resources to prevent and respond 
to juvenile delinquency and victimization. OJJDP supports 
States, tribes and local communities in efforts to develop, 
implement and improve the juvenile justice system in order to 
protect the public safety, hold offenders accountable, and 
provide treatment and rehabilitative services tailored to the 
needs of juveniles and their families.
    The Committee's recommendation provides $251,000,000 for 
juvenile justice programs. The recommendation is $24,423,000 
below the fiscal year 2011 enacted level and $29,000,000 below 
the budget request.
    The Committee's recommendations are displayed in the 
following table:

                        JUVENILE JUSTICE PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                          recommendation
------------------------------------------------------------------------
Part B--State Formula..................................          45,000
Youth Mentoring Grants.................................          55,000
Title V--Delinquency Prevention Incentive Grants.......          33,000
    Tribal Youth.......................................         (15,000)
    Gang and Youth Violence Education and Prevention...          (8,000)
    Alcohol Prevention.................................         (10,000)
Victims of Child Abuse Programs........................          20,000
Juvenile Accountability Block Grants...................          30,000
Community-Based Violence Prevention Initiatives........           8,000
Missing and Exploited Children Programs................          60,000
                                                        ----------------
      Total............................................         251,000
------------------------------------------------------------------------

    Any deviation from the above plan is subject to the 
reprogramming requirements of section 505 of this act.
    Part B: State Formula Grants.--The Committee provides 
$45,000,000 for grants to implement comprehensive State 
juvenile justice plans, including community-based prevention 
and intervention programs and activities for juvenile 
offenders. This amount is $17,126,000 below the fiscal year 
2011 level and $35,000,000 below the budget request.
    Youth Mentoring Grants.--To support the critical work of 
national, regional and local organizations in nurturing and 
mentoring at-risk children and youths, the Committee recommends 
$55,000,000 for competitive, peer-reviewed youth mentoring 
grants. Within 60 days of enactment of this act, OJP is 
directed to provide a report and spend plan to the Committee 
detailing the criteria and methodology that will be used to 
award these grants. The Committee expects that OJJDP will take 
all steps necessary to ensure fairness and objectivity in the 
award of these and future competitive grants. It is expected 
that national programs that have received funding under the 
Byrne discretionary grants program or the Juvenile Justice Part 
E program will be eligible to apply for funding under this 
competitive grant program.
    The Committee continues to recognize the alarmingly high 
level of school dropout, arrest and unemployment rates among 
youth with disabilities; therefore, within available funds, the 
Committee encourages OJJDP to fund expansions of mentoring 
services for youth with disabilities within local, multistate 
and national mentoring programs. The Committee also encourages 
OJJDP to include providers of intensive youth mentoring 
activities associated with nonprofit, long term, residential 
substance abuse treatment programs focused on juveniles 
involved with the criminal justice system among the eligible 
entities for youth mentoring grants.
    Gang and Youth Violence Education and Prevention 
Initiative.--The Committee's recommendation provides $8,000,000 
for an anti-gang and youth violence education and prevention 
initiative.
    Victims of Child Abuse Act.--The Committee's recommendation 
provides $20,000,000 for the various programs authorized under 
the Victims of Child Abuse Act [VOCA] (Public Law 101-647).
    Within the funds provided, $5,000,000 shall be for Regional 
Children's Advocacy Centers [RCACs] Programs. The RCACs were 
established to provide information, consultation, training, and 
technical assistance to communities, and to help establish 
child-focused programs that facilitate and support coordination 
among agencies responding to child abuse. The RCACs and the 
National Children's Alliance have identified several joint 
initiatives which include: developing centers in underserved 
areas; support and development of Tribal CACs; constituent 
involvement; marketing; and public awareness. In working on 
these initiatives, the RCACs have created programs such as the 
National Training Academy, which trains professionals and 
multi-disciplinary teams investigating child abuse, and the 
telemedicine pilot project, which assists remote areas in 
investigating child abuse.
    Missing and Exploited Children Programs.--The issue of 
child abduction and exploitation is a constant part of the 
national conscience due to the numerous child pornography and 
missing children cases. OJP works with law enforcement agencies 
to target, dismantle and prosecute predatory child molesters 
and those who traffic in child pornography. The Committee 
continues to strongly support Missing and Exploited Children 
Programs and recommends $60,000,000, including funds for the 
Internet Crimes Against Children [ICAC] task force program, to 
continue to expand efforts to protect the Nation's children, 
focusing on the areas of locating missing children, and 
addressing the growing wave of child sexual exploitation 
facilitated by the Internet. The Committee directs OJP to 
provide a spending plan for the use of these funds as part of 
the Department's spending plan for fiscal year 2012.

                         SALARIES AND EXPENSES

Appropriations, 2011\1\.................................    $140,124,000
Budget estimate, 2012\1\................................     208,355,000
Committee recommendation................................     118,572,000

\1\In the fiscal year 2011 enacted act, funds for the management and 
administration of programs at OVW, OJP and COPS were provided within a 
joint Salaries and Expenses appropriation. The OJP portion of this joint 
appropriation was $140,124,000 for the fiscal year 2011 enacted level, 
and $208,355,000 in the fiscal year 2012 request.

    A total of $118,572,000 is recommended for salaries and 
expenses for OJP in fiscal year 2012. The recommendation is 
$21,552,000 below the fiscal year 2011 enacted level and 
$89,783,000 below the budget request. This account also funds 
OJP's Office of Audit, Assessment and Management [OAAM], which 
is responsible for programmatic oversight, including grant 
compliance and auditing of internal controls to prevent waste, 
fraud and abuse.

                    PUBLIC SAFETY OFFICERS BENEFITS

Appropriations, 2011....................................     $70,082,000
Budget estimate, 2012...................................      78,300,000
Committee recommendation................................      78,300,000

    The Committee's recommendation provides $78,300,000 for 
public safety officers benefits. The recommendation is 
$8,218,000 above the fiscal year 2011 enacted level and equal 
to the budget request. This mandatory program provides a one-
time death benefit payment to eligible survivors of Federal, 
State, and local public safety officers whose death was the 
direct and proximate result of a traumatic injury sustained in 
the line of duty or certain eligible heart attacks or strokes.
    Within funds provided, $62,000,000 is for death benefits 
for survivors, an amount estimated by the Congressional Budget 
Office and considered mandatory for scorekeeping purposes. The 
Committee also recommends $16,300,000, as requested, for 
disability benefits for injured officers and education benefits 
for the families of officers who have been permanently disabled 
or killed in the line of duty.

                  Community Oriented Policing Services


             COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

                     (INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2011....................................    $494,933,000
Budget estimate, 2012...................................     669,500,000
Committee recommendation................................     231,500,000

    The Committee's recommendation provides $231,500,000 for 
community oriented policing services. The recommendation is 
$263,433,000 below the fiscal year 2011 enacted level and 
$438,000,000 below the budget request.
    Local law enforcement is not only essential to ensuring the 
safety of the public, but also plays a critical role in 
preventing and responding to terrorist threats. Since its 
creation, the Community Oriented Policing Services [COPS] 
office has assisted State and local law enforcement agencies by 
providing grants, training, and technical assistance that not 
only ensure public safety from traditional crime, but also 
better enable law enforcement officers to address the growing 
threat from terrorist organizations.
    The Committee's recommendations are displayed in the 
following table:

                  COMMUNITY ORIENTED POLICING SERVICES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Program                           recommendation
------------------------------------------------------------------------
NIST/OLES Transfer.....................................           1,500
Tribal Resources Grant Program.........................          20,000
COPS Hiring Grants.....................................         200,000
    Transfer to Tribal Resources Grant Program.........         (28,000)
    Community Policing Development/Training and                 (10,000)
     Technical Assistance..............................
Methamphetamine Lab Cleanups/Transfer to DEA...........          10,000
                                                        ----------------
      Total............................................         231,500
------------------------------------------------------------------------

    Any deviations from the above plan are subject to the 
reprogramming requirements of section 505.
    COPS Hiring Program.--The Committee recommends $200,000,000 
for COPS Hiring grants to help State, local or tribal law 
enforcement agencies to create and preserve approximately 1,500 
police officers and to increase their community policing 
capacity and crime prevention efforts. Like the request, the 
grants will have an award cap of $125,000 and require grantees 
to provide a 25 percent local match.
    Training and Technical Assistance.--The Committee's 
recommendation provides $10,000,000 within the COPS Hiring 
Program to provide Training and Technical Assistance to assist 
agencies with developing innovative community policing 
strategies through applied research and evaluation initiatives.
    Interoperable Standards.--The Committee is pleased that 
significant progress has been made in the issuance of standards 
to specify the required functionality for the Project 25 Inter-
RF-Subsystem Interface [ISSI], Console Interface, and Fixed 
Station Interface for land mobile radio systems. The Committee 
directs that funds provided to NIST/OLES for standards 
development under this section should be used to complete the 
remaining aspects of these interfaces, including conformance 
and interoperability test standards for each of the interfaces. 
In addition, funds should be used to begin the development of 
standards for emerging technologies such as VoIP applications 
for public safety operations.
    Methamphetamine Hot Spots.--The Committee's recommendation 
includes a $10,000,000 transfer to reimburse the Drug 
Enforcement Administration [DEA] for assistance to State and 
local law enforcement for proper removal and disposal of 
hazardous materials at clandestine methamphetamine labs and to 
initiate container programs. The Committee encourages the 
Department to require jurisdictions that receive reimbursements 
from this program to train and maintain staff with the 
substantive and practical knowledge to identify, clean-up and 
dispose of methamphetamine and other hazardous substances 
related to the manufacture, distribution and use of 
methamphetamine.
    Tribal Resources.--The Committee has provided a total 
$48,000,000 in programs targeted entirely to tribal communities 
through the Tribal Resources Grant Program [TRGP]. Within the 
TRGP, $20,000,000 is provided through direct appropriations and 
$28,000,000 is provided by transfer from the COPS Hiring 
program. All funds available to the TRGP can be used for 
equipment and hiring or training of tribal law enforcement. 
This will allow tribes maximum flexibility to respond the 
priorities they deem most urgent.

                         SALARIES AND EXPENSES

Appropriations, 2011\1\.................................     $32,764,000
Budget estimate, 2012\1\................................      40,330,000
Committee recommendation................................      24,500,000

\1\In the fiscal year 2011 enacted act, funds for the management and 
administration of programs at OVW, OJP and COPS were provided within a 
joint Salaries and Expenses appropriation. The COPS portion of this 
joint appropriation was $32,764,000 for the fiscal year 2011 level and 
$40,330,000 in the 2012 request.

    This appropriation supports all activities related to the 
management and administration of Community Oriented Policing 
Services [COPS] grant programs, grants and cooperative 
agreements, including peer review. For fiscal year 2012, the 
Committee recommends $24,500,000, which is $15,830,000 below 
the equivalent amount requested under the joint salaries and 
expenses appropriation and $8,264,000 below the equivalent 
amount enacted in fiscal year 2011.

               General Provisions--Department of Justice

    The Committee recommends the following general provisions:
    Section 201 limits the amount of funding the Attorney 
General can use for official reception and representation.
    Section 202 prohibits the use of funds in this title to pay 
for an abortion except where the life of the mother would be in 
danger.
    Section 203 prohibits the use of funds in this title to 
require a person to perform or facilitate an abortion.
    Section 204 requires female prisoners to be escorted when 
off prison grounds.
    Section 205 allows the Department of Justice, subject to 
the Committee's reprogramming procedures, to transfer up to 5 
percent between appropriations, but limits to 10 percent the 
amount that can be transferred into any one appropriation.
    Section 206 authorizes the Attorney General to extend a 
personnel management demonstration project.
    Section 207 provides authority for the Bureau of Alcohol, 
Tobacco, Firearms and Explosives to use confiscated funds 
during undercover operations.
    Section 208 limits the placement of maximum or high 
security prisoners to appropriately secure facilities.
    Section 209 restricts Federal prisoner access to certain 
amenities.
    Section 210 requires review by the Deputy Attorney General 
and the Department's Investigative Review Board prior to the 
obligation or expenditure of funds for major 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 to plan for, begin, 
continue, finish, process, or approve a public-private 
competition under OMB Circular A-76 for work performed by 
employees of the Bureau of Prisons or of the Federal Prison 
Industries, Incorporated.
    Section 213 prohibits U.S. Attorneys from simultaneously 
holding multiple jobs outside of the scope of a U.S. Attorney's 
professional duties.
    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, permits up to 3 percent of grant and reimbursement 
program funds made available to that office to be transferred 
to the National Institute of Justice or the Bureau of Justice 
Statistics for criminal justice research and statistics, and 
permits 7 percent of grant and reimbursement program funds made 
available to the Office of Justice Programs to be used for 
tribal criminal justice assistance.
    Section 215 waives the requirement that the Attorney 
General reserve certain funds from amounts provided for 
offender incarceration.
    Section 216 permits the use of appropriated funds for 
travel and healthcare of personnel serving abroad.
    Section 217 requires a cost and schedule report on the 
FBI's Sentinel program.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

Appropriations, 2011....................................      $6,647,000
Budget estimate, 2012...................................       6,650,000
Committee recommendation................................       6,000,000

    The Committee's recommendation provides $6,000,000. The 
recommendation is $647,000 below the fiscal year 2011 enacted 
level and $650,000 less than the budget request.
    The Office of Science and Technology Policy [OSTP] was 
created by the National Science and Technology Policy, 
Organization, and Priorities Act of 1976 (Public Law 94-282) 
and coordinates science and technology policy for the White 
House. OSTP provides scientific and technological information, 
analysis and advice for the President and the executive branch; 
participates in formulation, coordination, and implementation 
of national and international policies and programs that 
involve science and technology; maintains and promotes the 
health and vitality of the U.S. science and technology 
infrastructure; reviews and analyzes, with the Office of 
Management and Budget, the research and development budgets for 
all Federal agencies; and coordinates research and development 
efforts of the Federal Government to maximize the return on the 
public's investment in science and technology and to ensure 
Federal resources are used efficiently and appropriately.
    International Cooperation.--As the United States struggles 
to address its debt, other countries around the world are also 
implementing their own austerity measures. Some are choosing to 
keep investments in science and technology high in order to 
position their economies for recovery and future growth. Many, 
including the United States, are struggling with how to pay for 
large scientific infrastructure. The funding of large science 
projects, both in space and on the ground, is under increasing 
scrutiny to ensure sound mission and infrastructure investments 
are being made with limited funds. In this environment, 
collaboration with international partners in science will be 
useful to ensure continued progress in fields such as human 
space exploration, dark energy and astronomy. The Committee 
directs OSTP to remain engaged with international partners in 
order to pursue large projects frugally, in partnership. This 
will allow the United States to make the highest and best use 
of its limited science funding while ensuring that our 
scientists have access to world-leading facilities.

             National Aeronautics and Space Administration

Appropriations, 2011.................................... $18,448,028,000
Budget estimate, 2012...................................  18,724,300,000
Committee recommendation................................  17,938,773,000

    The Committee's recommendation provides $17,938,773,000 for 
the National Aeronautics and Space Administration [NASA]. The 
recommendation is $509,255,000 below the fiscal year 2011 
enacted level and $785,527,000 below the budget request.
    NASA was established by the National Aeronautics and Space 
Act of 1958 (Public Law 85-568) to conduct space and 
aeronautical research and development and to conduct flight 
activities for peaceful purposes. NASA's unique mission of 
exploration, discovery and innovation is intended to preserve 
the United States' role as both a leader in world aviation and 
as the pre-eminent space-faring nation. It is NASA's mission 
to: advance human exploration, use and development of space; 
advance and communicate scientific knowledge and understanding 
of the Earth, the solar system and the universe; and research, 
develop, verify, and transfer advanced aeronautics and space 
technologies.
    In May 2011, the Nation marked the 50th anniversary of 
President Kennedy's call to go to the Moon. That speech set a 
course for the fledgling space agency. Now, 50 years later, 
NASA is again searching for direction. Congress and the 
administration worked together to enact the NASA Authorization 
Act of 2010 (Public Law 111-267) and set that direction.
    The Committee's recommendations seek to implement the NASA 
Authorization Act of 2010, focusing on investments that 
rebalance the space program. The Committee supports major 
investments in science that help us understand and save our 
planet and explore our universe, in aeronautics research that 
makes air travel here on Earth safer and keeps America 
competitive, and in extending the International Space Station 
[ISS] so we can utilize the lab we built.
    From the outset, this Committee has sought a human 
spaceflight program that the President, the Congress and the 
American people can support. The Committee believes that the 
restructured program called for in this act should be 
sustainable from one administration to the next. The United 
States cannot reinvent its space program every 4 years.
    In the wake of the retirement of the space shuttle, the 
Committee believes this bill represents a solid path forward 
for human spaceflight that can reach beyond low Earth orbit 
with affordable crew and launch vehicles, consistent with 
Public Law 111-267; invests in the burgeoning commercial launch 
industry that is poised to bring cargo, and eventually crew, to 
the ISS; and revitalizes NASA science and technology programs. 
These elements should be viewed as complementary pieces of a 
balanced whole.
    This bill is presented in the context of an austere budget 
and attempts to make tough choices in order to afford the 
balanced space program that the Congress authorized. To do 
that, the Committee was informed by the priorities of the 
Senate as well as the administration. However, the Committee 
does not always agree with the administration. While the 
Committee has often left some amount of discretion to NASA in 
making choices and offering up a spending plan submitted in 
accordance with section 505 of this act, that plan should not 
be viewed as a license to disregard the Congress's choices 
about where limited resources should be spent. If NASA requests 
funding for programs, projects and activities in one account, 
the Committee expects those programs, projects and activities 
to be executed in that account, with small and limited 
exceptions. Moving major initiatives or beginning a new program 
in an account other than the one in which it was requested 
thwarts the Committee's deliberative process, rendering its 
efforts at prioritization and balance meaningless.
    NASA's acquisition management remains on the Government 
Accountability Office's [GAO] ``high risk'' list. The agency 
has been on the list for more than 20 years, in such company as 
Medicare, Department of Defense Weapons Systems acquisition, 
and enforcement of tax laws. In its most recent assessment of 
major NASA projects GAO found 5 of 16 projects in the 
implementation phase had both exceeded their planned budgets by 
more than 18 percent and delayed their launch date by more than 
12 months. The largest budget increase was a 99.9 percent cost 
increase with a corresponding schedule slip of 27 months over a 
baseline established in fiscal year 2008. That spacecraft later 
experienced a launch failure.
    While GAO reports that NASA is making progress in 
strengthening financial management, including better cost 
estimates and higher standards of accountability for 
contractors, it is imperative that NASA do a better job of 
managing these large projects.
    In order to improve GAO's analysis, NASA is directed to 
cooperate fully and to provide timely program analysis, 
evaluation data, and relevant information to the GAO so that 
GAO can report to Congress in advance of the annual budget 
submission of the President and semiannually thereafter on the 
status of large-scale NASA programs, projects, and activities 
based on its review of this information.
    In addition, NASA is directed to include in its budget 
justification the reserve assumed by NASA to be necessary 
within the amount proposed for each directorate, theme, 
program, project and activity, or, if the proposed funding 
level for a directorate, theme, program, project or activity is 
based on confidence level budgeting, the confidence level 
assumed in the proposed funding level.
    On July 13, 2010, the National Research Council released a 
report ``Controlling Cost Growth of NASA Earth and Space 
Science Missions.'' The recommendations of that report could be 
applied throughout NASA, particularly the need for cost realism 
through independent cost assessment and incentivizing not only 
technical but also cost and schedule performance. The Committee 
appreciates the work of the Office of Independent Program and 
Cost Evaluation [IPCE] to understand how new processes both at 
NASA and at contractors can help NASA execute projects more 
wisely and frugally while still achieving mission goals. IPCE 
can be particularly useful during the formulation of a project 
when schedule, scope and contracting method are not yet 
determined. Just as commercial partners are learning from NASA, 
so too should NASA and all of its mission directorates be 
learning from the agency's innovative commercial partners, 
particularly in achieving required performance within tight 
budgets.
    The Committee directs NASA to report, within 60 days of 
enactment of this act, on any outstanding GAO or Inspector 
General recommendations to improve NASA's financial management, 
the date those recommendations were issued, an expected date 
for implementing those recommendations, and a thorough 
explanation of the reasons those recommendations have not been 
implemented. Special attention should be paid to any 
recommendations that have the potential to get NASA's 
acquisition management off of the GAO high risk list or to 
improve NASA's financial statements. Within 90 days of 
enactment, NASA shall report to the Committee on any efforts 
taken to reform its acquisition practices to improve cost 
estimating, improve technical readiness before preliminary 
design review, better evaluate and reward contractor cost and 
schedule performance, and ensure sound business practices 
govern contracting, particularly for large contracts.
    Further, to avoid cost overruns and make its programs more 
affordable, NASA is directed to minimize its use of cost plus 
fee contracting and to employ fixed price contracts for all 
systems, components, and projects using proven or high 
technical readiness technology.
    According to the inspector general [IG], NASA has awarded 
more than $3,000,000,000 in grants over the past 5 years, 
including nearly $570,000,000 in fiscal year 2010 alone. In a 
report issued on September 12, 2011, the IG found that ``NASA 
does not have an adequate system of controls to ensure proper 
administration and management of its grant program.'' The 
Committee appreciates the Science mission directorate's efforts 
to track grantee performance despite limited NASA-wide 
requirements.
    Despite receipt of a draft of the report on grants 
management, NASA did not provide an official response to the 
IG's findings. Within 30 days of enactment of this act, the 
Committee directs NASA to report on corrective actions it will 
take to reform its grants management process, including how the 
agency will address: (1) evaluation of unsolicited proposals, 
(2) training for grant and technical officers; (3) internal 
controls, including periodic reviews and oversight; (4) 
thresholds for deviation from approved grant budgets; (5) 
review of procedures for awarding grant supplements; and (6) 
policies to ensure NASA has adequate documentation to explain 
its decisions. The Committee directs the IG to issue a report 
to the Committee evaluating NASA's response within 30 days of 
NASA issuing the report described above.
    The Committee has chosen to articulate the funding levels 
of programs within the account structure for NASA in the form 
of tables. Major mission and program funding is listed within 
the tables and, if necessary, supplemented with explanatory 
report language.

                                SCIENCE

Appropriations, 2011....................................  $4,935,409,000
Budget estimate, 2012...................................   5,016,800,000
Committee recommendation................................   5,100,000,000

    The Science account encompasses five lines of study: Earth 
Science, Planetary Science, Astrophysics, the James Webb Space 
Telescope and Heliophysics. This funding seeks to answer 
fundamental questions concerning the ways in which Earth's 
climate is changing; the comparison of Earth with other planets 
in the solar system and around other stars; the connections 
between the Sun and Earth; and the origin and evolution of 
planetary systems, the galaxy, and the universe, including the 
origin and distribution of life in the universe. These 
objectives are achieved through robotic flight missions, 
ground-based scientific research and data analysis, and the 
development of new technologies for future missions.

                                 SCIENCE
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Earth Science:
    Earth Science Research............................          435,000
        Earth Science Research and Analysis...........         (325,000)
        Computing and Management......................         (110,000)
    Earth Systematic Missions.........................          886,800
        Global Precipitation Measurement (GPM)........          (98,000)
        Glory Mission.................................  ................
        Landsat Data Continuity Mission (LDCM)........         (159,000)
        NPOESS Preparatory Project (NPP)..............          (16,100)
        Ice, Cloud, and land Elevation Satellite               (113,400)
         (ICESat-II)..................................
        Soil Moisture Active and Passive (SMAP).......         (137,300)
        Other Missions and Data Analysis..............         (363,000)
    Earth System Science Pathfinder...................          189,900
        Aquarius......................................           (5,400)
        OCO-2.........................................          (90,500)
        Venture Class Missions........................          (62,000)
        Other Missions and Data Analysis..............          (32,000)
    Earth Science Multi-Mission Operations............          167,600
    Earth Science Technology..........................           50,200
    Applied Sciences..................................           36,000
                                                       -----------------
      Subtotal, Earth Science.........................        1,765,500
                                                       =================
Planetary Science:
    Planetary Science Research........................          189,500
        Planetary Science Research and Analysis.......         (139,000)
        Other Missions and Data Analysis..............          (25,000)
        Education and Directorate Management..........           (5,300)
        Near Earth Object Observations................          (20,200)
    Lunar Quest Program...............................          129,600
        Lunar Science.................................          (54,400)
        Lunar Atmosphere and Dust Environment Explorer          (71,800)
        International Lunar Network...................           (3,400)
    Discovery.........................................          176,800
        Gravity Recovery and Interior Laboratory                (40,800)
         [GRAIL]......................................
        Other Missions and Data Analysis..............         (136,000)
    New Frontiers.....................................          176,400
        Juno..........................................          (31,400)
        Other Missions and Data Analysis..............         (145,000)
    Mars Exploration..................................          581,700
        2009 Mars Science Lab.........................         (138,000)
        MAVEN.........................................         (245,700)
        Other Missions and Data Analysis..............         (198,000)
    Outer Planets.....................................          117,100
    Technology........................................          129,300
                                                       -----------------
      Subtotal, Planetary Science.....................        1,500,400
                                                       =================
Astrophysics:
    Astrophysics Research.............................          164,100
        Astrophysics Research and Analysis............          (66,000)
        Balloon Project...............................          (32,100)
        Other Missions and Data Analysis..............          (66,000)
    Cosmic Origins....................................          239,300
        Hubble Space Telescope [HST]..................          (98,300)
        Stratospheric Observatory for Infrared                  (84,000)
         Astronomy [SOFIA]............................
        Other Missions And Data Analysis..............          (57,000)
    Physics of the Cosmos.............................          106,000
    Exoplanet Exploration.............................           46,400
    Astrophysics Explorer.............................          126,400
        Nuclear Spectroscopic Telescope Array (NuStar)          (11,900)
        Gravity and Extreme Magnetism.................          (74,100)
        Other Missions and Data Analysis..............          (40,400)
                                                       -----------------
      Subtotal, Astrophysics..........................          682,200
                                                       =================
James Webb Space Telescope:
      Subtotal, James Webb Space Telescope............          529,600
                                                       =================
Heliophysics:
    Heliophysics Research.............................          155,900
        Heliophysics Research and Analysis............          (30,000)
        Sounding Rockets..............................          (49,400)
        Research Range................................          (19,500)
        Other Missions and Data Analysis..............          (57,000)
    Living with a Star................................          206,900
        Radiation Belt Storm Probes [RBSP]............          (92,200)
        Solar Probe Plus..............................          (52,700)
        Other Missions and Data Analysis..............          (62,000)
    Solar Terrestrial Probes..........................          181,700
        Magnetospheric Multiscale [MMS]...............         (164,300)
        Other Missions and Data Analysis..............          (17,400)
    Heliophysics Explorer Program.....................           77,800
        IRIS..........................................          (39,100)
        Other Missions and Data Analysis..............          (38,700)
                                                       -----------------
          Subtotal, Heliophysics......................          622,300
                                                       =================
          Total, Science..............................        5,100,000
------------------------------------------------------------------------

    Earth Science Decadal Survey Missions.--The Committee 
supports the ongoing development of the Tier I Earth Science 
missions, and provides the full budget requests for the Soil 
Moisture Active and Passive [SMAP]; the Ice, Cloud and Land 
Elevation Satellite (IceSat-2); and the Climate Absolute 
Radiance and Refractivity Observatory [CLARREO] missions. The 
Committee also recommends the Deformation, Ecosystem Structure 
and Dynamics of the Ice (DESDnyl) mission continue at the 
fiscal year 2011 level. The National Academies recommended 
flying a suite of these four missions concurrently to gather 
critical information about the Earth and its climate.
    IceBridge.--The Committee provides the full budget request 
for IceBridge to continue making high-resolution measurements 
of polar sea ice and glaciers during the gap between IceSat-1 
and IceSat-2. The Committee encourages NASA to use unmanned 
aerial vehicles [UAVs] for this mission and to seek competitive 
proposals to improve IceBridge instruments for use on UAVs.
    Carbon Monitoring.--The Committee recommends $10,000,000 
from within available funds to continue the development of a 
carbon monitoring system initially funded in fiscal year 2010. 
The Committee expects no less than one-half of this amount 
shall be awarded externally.
    Cooperation Between NASA and NOAA.--NASA continues to 
provide valuable program management expertise to assist NOAA 
with its satellite program. At the same time, NASA continues 
its role as the pathfinder, developing new Earth science 
instruments and pushing the leading edge on experimental 
missions today that will benefit NOAA's operational missions 
tomorrow. However, the Committee is discouraged by NASA's lack 
of cooperation with NOAA's Ocean and Atmospheric Research 
office in the area of non-space based Earth science. NASA shall 
better coordinate with NOAA on all aspects of relevant NASA-
funded projects, including project planning, project execution 
and post-project data sharing.
    SERVIR.--The Committee directs NASA to move forward, as 
requested in the fiscal year 2012 budget request, to continue 
the expanded SERVIR network within the Applied Sciences Program 
and to enhance its scientific capabilities across a broader set 
of NASA Earth science products and its service as a testbed for 
innovative applications.
    Planetary Science.--The bill allows for the transfer of up 
to $10,000,000 to the Department of Energy to re-establish 
facilities capable of producing fuel needed to enable future 
missions. The Committee notes that the most recent decadal 
survey in planetary science urges NASA to reformulate planetary 
science flagship missions to fit within the projected budget, 
as recommended. The NASA budget, like the Federal budget 
overall, is shrinking, not growing.
    Decadal Surveys and Mid-session Reviews.--The Committee 
supports NASA's flagship missions but notes that future large 
projects will need to have a scope that is aligned with a sound 
and executable budget. On the other hand, once NASA has 
committed to a mission with an executable funding profile, the 
Committee does not believe mid-session reviews and other 
management tools that serve to undermine established missions 
with broad consensus within their scientific discipline do 
anything more than unnerve the scientific community. The 
Committee encourages NASA to focus its management efforts on 
rigorous requirements definition, program management, and cost 
discipline so that it can meet the commitments it makes within 
projected budgets.
    Astrophysics.--Within funds provided to advance scientific 
knowledge of the origins of the universe, the Committee 
provides the full budget requirement of $98,300,000 for the 
Hubble Space Telescope.
    Wide Field Infrared Survey Telescope [WFIRST].--WFIRST was 
identified as the first priority in the recent astronomy and 
astrophysics decadal survey. NASA is strongly encouraged to 
make a request for WFIRST in fiscal year 2013 that builds on 
the work of the Joint Dark Energy Mission project.
    James Webb Space Telescope.--The Committee strongly 
supports completion of the James Webb Space Telescope [JWST]. 
JWST will be 100 times more powerful than the Hubble Space 
Telescope and is poised to rewrite the physics books. Last 
year, the Committee asked for an independent assessment of 
JWST. That assessment, led by Dr. John Casani, found that while 
JWST is technically sound, NASA has never requested adequate 
resources to fund its development. As with many other projects, 
budget optimism led to massive ongoing cost overruns because 
the project did not have adequate reserves or contingency to 
address the kinds of technical problems that are expected to 
arise in a complex, cutting edge project. Without funds, the 
only other way to deal with problems is to allow the schedule 
to slip. That slip, in turn, makes the project cost even more, 
when accounting for the technical costs as well as the cost of 
maintaining a pool of highly skilled technical labor through 
the completion of the project.
    In response to the Casani report, NASA has submitted a new 
baseline for JWST with an overall life cycle cost of 
$8,700,000,000. NASA has assured the Committee that this new 
baseline includes adequate reserves to achieve a 2018 launch 
without further cost overruns. The Committee intends to hold 
NASA and its contractors to that commitment, and the bill caps 
the overall development cost for JWST at $8,000,000,000.
    Explorer Program.--The Committee provides an additional 
$16,000,000 for the Explorer Program to ensure that current and 
future announcements of opportunity can support two stand-alone 
missions, one in astrophysics and one in heliophysics.
    Heliophysics.--Within funds provided to advance scientific 
knowledge of the Sun's impact on the Earth, the Committee 
provides the full budget request of $164,300,000 for the 
Magnetospheric Multiscale [MMS] mission. The Committee 
encourages NASA to provide necessary budget resources in fiscal 
year 2013 for MMS to achieve a launch in early 2015 with the 
full complement of instruments and both orbit phases.
    The funds provided also include $52,700,000 for the Solar 
Probe Plus mission, the same as the budget request. The 
Committee strongly supports this mission and affirms its 
commitment to a 2018 launch. According to NASA's analysis, the 
advanced technology development funds provided by this 
Committee have retired substantial technical risk and 
contributed to a manageable funding profile for this project, 
which was the highest-priority recommendation of the most 
recent National Academies' heliophysics decadal report.
    Within funds provided for sounding rockets operations, 
$5,000,000 is provided to continue advanced technology 
development of small satellites and unmanned aerial systems 
[UAS] at low-cost NASA flight facilities that have the 
potential of lowering the costs of space and Earth science 
missions.
    The Committee notes that suborbital science missions 
provide important hands-on experience for science, technology, 
engineering and mathematics [STEM] undergraduate and graduate 
students, and directs NASA to increase its participation in 
these missions.

                              AERONAUTICS

Appropriations, 2011....................................    $533,930,000
Budget estimate, 2012...................................     569,400,000
Committee recommendation................................     501,000,000

    The Aeronautics account funds research in key areas related 
to the development of advanced aircraft technologies and 
systems, including those related to aircraft safety, 
environmental compatibility and fuel efficiency; and research 
that supports the Next Generation Air Transportation System in 
partnership with the Joint Planning and Development Office.
    Within the amount provided, the Committee fully funds 
aviation safety and unmanned aircraft systems [UAS] integration 
in the National Airspace System [NAS]. NASA should examine 
expediting standards for technologies such as positive link 
control and other systems to allow uninterrupted connectivity 
to UAS that could enable safe integration of UAS into the NAS. 
The Committee is aware of the growing need to develop a 
sustainable STEM pipeline in the field of aeronautics, 
particularly among minorities and underrepresented populations. 
The Committee encourages NASA to fund competitive awards to 
address this need with particular focus on historically black 
colleges and universities with programs in related scientific 
fields in order to develop the aeronautics STEM workforce.

                            SPACE TECHNOLOGY

Appropriations, 2011\1\.................................................
Budget estimate, 2012...................................  $1,024,200,000
Committee recommendation................................     637,000,000

\1\Space technology activities were funded within the Space Operations, 
Exploration, and Cross-Agency Support accounts in 2011.

    The Space Research and Technology Program builds on NASA's 
current Innovative Partnership Program to fund basic research 
that can advance multi-purpose technologies to enable new 
approaches to NASA's current missions. It includes NASA's Small 
Business Innovative Research [SBIR] and Small Business 
Technology Transfer [STTR] programs.

                            SPACE TECHNOLOGY
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
SBIR and STTR.........................................          184,100
Partnership Development and Strategic Integration.....           30,000
Crosscutting Space Technology.........................          210,400
Exploration Technology................................          212,500
                                                       -----------------
      TOTAL...........................................          637,000
------------------------------------------------------------------------

    The Committee regrets not being able to fund this promising 
new program more robustly and has prioritized funding for 
ongoing activities. Within Crosscutting Space Technology, the 
Committee encourages NASA to prioritize ongoing efforts funded 
in fiscal year 2011 under the auspices of Space Technology 
using Space Operations funds. The Committee recommends Space 
Technology continue to fund satellite servicing at the fiscal 
year 2011 level. This funding will contribute to the planned 
competitive demonstration mission and shall be managed by the 
Space Operations mission directorate.

                              EXPLORATION

Appropriations, 2011....................................  $3,800,683,000
Budget estimate, 2012...................................   3,948,700,000
Committee recommendation................................   3,775,000,000

    The Exploration account funds the capabilities required to 
develop, demonstrate, and deploy the transportation, life 
support and surface systems that will enable sustained human 
presence throughout the solar system, including at the space 
station, in low Earth orbit and beyond low Earth orbit.
    The Committee shares the administration's enthusiasm for 
new acquisition models intended to keep the cost of space 
access low and for investments in new technologies that can 
radically reduce the cost of human transportation, to and in, 
space. However, NASA cannot abdicate its responsibility for 
safety and oversight of entities receiving Federal dollars as 
an investment in developing launch and crew capabilities.
    The Committee also believes the Nation deserves a robust 
human spaceflight program. This program aims to regularly and 
reliably provide access to the International Space Station 
[ISS] and enable exploration beyond low Earth orbit. 
Capabilities to reach ISS with U.S. vehicles and explore beyond 
low Earth orbit must work hand in hand. The United States needs 
to move forward in building a heavy lift rocket to complement 
commercial activities for a sustainable human spaceflight 
program that can accomplish both of these goals.
    One of the greatest successes of the ISS has been a true 
partnership between the United States and other space faring 
nations to live and work in space. For our next stage of space 
exploration, the United States will need to engage its partners 
to have a truly robust and successful program. With the funds 
provided here, the United States will be able to contribute 
heavy lift launch technology, including the capability to 
launch humans beyond low Earth orbit, to that effort. Within 
180 days of the enactment of this act NASA shall report to the 
Committee a set of scientific and exploration goals, including 
mission destinations, for utilizing the new space 
transportation system funded within this account, including any 
plans for collaboration with international partners.

                               EXPLORATION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Exploration Research and Development..................          275,000
Commercial Space Flight...............................          500,000
Orion Multipurpose Crew Vehicle.......................        1,200,000
Heavy Lift Launch Vehicle System......................        1,800,000
                                                       -----------------
      TOTAL...........................................        3,775,000
------------------------------------------------------------------------

    Heavy Lift Launch Vehicle.--The Committee provides 
$1,800,000,000 to build the integrated heavy lift launch 
vehicle system. The system shall enable human transportation at 
the highest possible safety standards and lowest life cycle 
costs for beyond low Earth orbit and is being designed, 
managed, and integrated by the Marshall Space Flight Center. 
This funding shall be part of a sustained, evolvable effort 
around a common core to culminate in an initial human 
capability by 2017, using fixed price contracts for components 
wherever possible. The system shall be evolvable to lift the 
necessary elements for missions beyond low Earth orbit in order 
to extend human exploration capabilities. The program shall be 
managed under a strict cost cap of $11,500,000,000 through 
fiscal year 2017. Within 60 days of enactment, NASA shall 
report to the Committee on planned milestones, expected 
performance of the low Earth orbit and beyond low Earth orbit 
configurations, planned ground and early flight testing 
programs and deliverables for the heavy lift launch vehicle 
program, along with any existing contract vehicles the Agency 
intends to use for this purpose. As part of this report, NASA 
shall evaluate the preceding cost cap and validate the cap or 
provide a viable and validated alternative.
    Orion Crew Exploration Vehicle.--The Committee provides 
$1,200,000,000 for an Orion crew exploration vehicle that will 
enable human transportation beyond low Earth orbit. The vehicle 
shall be capable of being launched on the heavy lift launch 
vehicle and may also provide alternative access to low Earth 
orbit, including the ISS by fiscal year 2014, using fixed price 
contracts for components wherever possible. The program shall 
be managed under a strict cost cap of $5,500,000,000 through 
fiscal year 2017. Within 60 days of enactment, NASA shall 
report to the Committee on planned milestones, expected 
performance and configurations, planned testing program, and 
deliverables for the crew exploration vehicle program, along 
with any suggestions for streamlining oversight. As part of 
this report, NASA shall evaluate the preceding cost cap and 
validate the cap or provide a viable and validated alternative.
    Ground Operations.--In fiscal year 2013 and beyond, NASA 
shall identify ground operations related to the Orion 
multipurpose crew vehicle and the heavy lift launch vehicle 
system separately from the funding to develop those systems. 
NASA may request these funds within the Exploration account or 
the Space Operations account, not both. The Committee notes 
that the purposes authorized in section 305 of Public Law 111-
267 include both ground operations and multi-purpose 
infrastructure projects that support both crew and cargo 
launches.
    Commercial Crew.--The Committee has provided $500,000,000 
for commercial crew activities, the same as the authorized 
level. This funding shall be available to continue and 
competitively expand the number of participants and the 
activities of the Commercial Crew Development [CCDEV] program 
in order to reduce risk, develop technologies and lead to other 
advancements that will help determine most effective and 
efficient means of advancing the development of commercial crew 
services.
    Of the amount included for commercial crew development 
activities, $307,400,000 shall be available on October 1, 2011. 
This amount is equal to the fiscal year 2011 level for 
commercial crew development. An additional $192,600,000 of 
commercial crew funding will become available after the NASA 
Administrator has certified, in writing, that NASA has: (1) 
published the notifications to implement acquisition strategy 
for the heavy lift launch vehicle system, also known as the 
space launch system [SLS], authorized in section 302 of Public 
Law 111-267 and (2) begun to execute relevant contract actions 
in support of development of SLS. This certification may not be 
delegated and will assure the Committee that NASA is committed 
to all elements of the balanced human spaceflight program 
authorized in Public Law 111-267. The Committee understands 
that NASA will be providing more information on the acquisition 
strategy for SLS in the coming weeks.
    Currently, NASA lacks one consolidated set of requirements 
for crew safety. Within this funding, NASA shall develop and 
make available to the public detailed human rating processes 
and requirements to guide the design of all crew transportation 
capabilities. These requirements shall be at least equivalent 
to requirements for crew transportation currently in use, as 
well as any relevant recommendations of the Columbia Accident 
Investigation Board, and shall apply to all NASA-funded 
vehicles that carry humans, both commercial and Government-
owned.
    The Committee is pleased by NASA's commitment to hold 
commercially developed launch vehicles to be used to carry out 
NASA missions to the same safety standards as Government-
developed launch vehicles. The Committee encourages NASA to 
develop plans to fully utilize NASA-owned rocket testing 
infrastructure for commercially developed launch vehicles to 
ensure that these vehicles are tested in the same manner as 
Government-developed launch vehicles.
    NASA Policy Directive 1050.1I states that funded Space Act 
Agreements may be used only when the Agency's objective cannot 
be accomplished through the use of a procurement contract, 
grant, or cooperative agreement. The Committee believes that 
the current practice by NASA has gone beyond what is cited 
under NASA's own policy directive. Such misuse of these 
authorities undermines the oversight of NASA in the procurement 
process and threatens crew safety. For future rounds of 
commercial crew competitions and acquisitions, NASA shall limit 
the use of funded Space Act Agreements as stated in the 
directive in order to preserve critical NASA oversight of 
Federal funds provided for spacecraft and launch vehicle 
development.
    Commercial Orbital Transportation Services [COTS] Cargo.--
While funding was neither requested nor provided for COTS 
cargo, the Committee continues its support for ensuring the 
continued viability and productivity of the ISS through its 
extended service life by funding commercial cargo 
transportation development. Funds provided in prior years will 
support the existing COTS cargo program, aimed at enabling the 
commercial space industry in support of NASA to develop 
reliable means of launching cargo and supplies to the ISS 
beginning later this calendar year.

                            SPACE OPERATIONS

Appropriations, 2011....................................  $5,497,483,000
Budget estimate, 2012...................................   4,346,900,000
Committee recommendation................................   4,285,000,000

    The Space Operations account funds the Space Shuttle, the 
ISS, and the supporting functions required to conduct 
operations in space. The Space Shuttle retired in 2011 after 30 
years of service. The ISS is a complex of research laboratories 
in low Earth orbit in which American, Russian, Canadian, 
European, and Japanese astronauts are conducting unique 
scientific and technological investigations in a microgravity 
environment.

                            SPACE OPERATIONS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                          recommendation
------------------------------------------------------------------------
Space Shuttle..........................................          650,900
International Space Station............................        2,803,500
Space and Flight Support...............................          662,600
21st Century Launch Complex............................          168,000
                                                        ----------------
      TOTAL............................................        4,285,000
------------------------------------------------------------------------

    Space Shuttle.--The Committee provides $650,900,000 for 
Space Shuttle. This amount includes the full amount of 
$547,900,000 that NASA has estimated for its pension liability 
for the primary Space Shuttle support contract. NASA is under 
contractual obligation to provide promised retirement benefits 
for the men and women who kept the Shuttles flying through 
their retirement in 2011.
    Satellite Servicing.--Within the amounts provided, 
$75,000,000 shall be to continue efforts to use the next 
generation of human space flight architecture to service 
existing and future on-orbit observatory-class scientific 
spacecraft, as well as spacecraft owned by the Department of 
Defense and other Government agencies. The activities to be 
undertaken shall be a joint project of the Space Operations, 
Space Technology, Science, and Exploration mission directorates 
and shall include technology demonstrations for both robotic 
and human servicing. These funds will augment existing Space 
Technology funds for these activities. Space Operations shall 
be responsible for the overall direction and management of all 
agency satellite servicing activities.
    International Space Station.--The Committee has provided 
$2,803,500,000 for the ISS Program, which includes ISS 
Operations and ISS Cargo Crew Services. The Committee fully 
supports the administration's plan to extend ISS research and 
operations through 2020. This Committee has consistently 
supported the construction and operation of the ISS on the 
promise that it would support world class science that could 
improve life on Earth. For example, experiments on the ISS may 
yield a vaccine for salmonella, a food borne illness that 
sickens 40,000 and kills 600 in the United States annually. Due 
to the retirement of the space shuttle, commercial cargo 
transportation of experiments and logistics is essential to 
ensuring that ISS can function as a national laboratory.
    21st Century Launch Complex.--The Committee provides the 
full budget request of $168,000,000 for the 21st Century Launch 
Complex. This program is intended to revitalize the aging 
infrastructure at the Kennedy Space Center and other NASA 
facilities to support the human space flight program. NASA 
should place a priority on the use of funds for future ground 
operations and to improve only NASA-owned facilities for launch 
vehicles intended to serve NASA missions, including the heavy 
lift launch vehicle system. Funding for the 21st Century Launch 
Complex may be used at other NASA flight facilities that are 
currently scheduled to launch cargo to the International Space 
Station under the COTS program, to upgrade the launch 
infrastructure to improve efficiency and safety. NASA shall 
provide the Committee a 5-year plan for this funding within 60 
days of the date of enactment of this act.

                               EDUCATION

Appropriations, 2011....................................    $145,508,000
Budget estimate, 2012...................................     138,400,000
Committee recommendation................................     138,400,000

    The Committee provides $138,400,000 for Education, which is 
$7,108,000 below the fiscal year 2011 level and equal to the 
President's request. The Education account funds science, 
technology, engineering, and mathematics [STEM] education 
activities to educate and inspire our next generation of 
explorers and innovators.

                                EDUCATION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
NASA Space Grant........................................          44,200
Experimental Program to Stimulate Competitive Research..          24,500
Minority University Research and Education Program......          30,400
Informal Education Grants...............................           7,000
NASA Visitors Centers...................................          10,000
STEM Education and Accountability Projects..............          22,300
                                                         ---------------
    TOTAL...............................................         138,400
------------------------------------------------------------------------

    The amount available for the Education account has declined 
23 percent since fiscal year 2010, as Congress has accepted 
NASA's proposed levels for this account. Once again in fiscal 
year 2012, NASA proposes a fundamental reorientation of its 
education program based on the Education Design Team's 
findings. However, in developing its budget, NASA has ignored 
successful programs like Space Grant and the Experimental 
Program to Stimulate Competitive Research [EPSCoR] that give 
students across the Nation access to NASA resources. NASA has 
also ignored local efforts to expand the reach and 
effectiveness of its visitors centers which serve as gateways 
for students and teachers. In developing future budgets, the 
Committee directs NASA to utilize these existing and proven 
tools.
    In addition to funds provided within the Education account, 
each mission directorate utilizes funding for education 
activities. However, NASA has been unable to provide an 
adequate, full accounting of those activities Agency-wide. 
Therefore it is impossible for the Committee to know the extent 
and value of the Agency's STEM education efforts. The Committee 
therefore directs NASA to include in its annual budget 
justifications the amount within each mission directorate that 
will be expended for education activities and the specific 
purposes for which those funds will be expended.
    Educational Activities at NASA Centers.--The Committee 
provides $10,000,000 for the development of educational 
activities at NASA's centers and directs NASA to distribute 
this amount in equal amounts to each center's official visitor 
center for the development of STEM educational activities, 
including exhibits, without assessing any administrative 
charges.
    Informal Education Grants.--A report by the National 
Academy of Sciences, ``Learning Science in Informal Settings,'' 
found evidence that nonschool science programs involving 
exhibits, media projects, emerging learning technologies and 
other informal education programs increase students' interest 
in STEM education. The Committee recommends $7,000,000 for a 
competitive grant program as authorized by section 616 of 
Public Law 109-155.

                          CROSS-AGENCY SUPPORT

Appropriations, 2011....................................  $3,105,177,000
Budget estimate, 2012...................................   3,192,000,000
Committee recommendation................................   3,043,073,000

    The Cross-Agency Support account funds Agency management, 
including headquarters and each of the nine NASA field centers, 
as well as the design and execution of non-programmatic 
Construction of Facilities and Environmental Compliance and 
Restoration activities.
    Independent Verification and Validation [IV&V] Program.-- 
Within the amounts provided for cross-agency support, the 
Committee recommends $39,100,000 for NASA's IV&V Program.
    Employee Performance Communications System [ECPS].--The 
EPCS is a five-level performance appraisal system that was 
implemented in 2007. This system superseded a three-level EPCS 
that encouraged employee participation in establishing 
performance standards. Information obtained by employees under 
the Freedom of Information Act [FOIA] reveals that this system, 
as implemented at the Wallops Flight Facility, resulted in a 
disproportionate number of less-than fully successful ratings 
given to African-Americans. Although African-Americans 
constitute 14 percent of the civil-service workforce at the 
Wallops Flight Facility, this group constitutes 67 percent of 
the needs improvement ratings.
    The FOIA information also revealed that no supervisor or 
management official received a rating less than fully 
successful for the calendar year 2009 appraisal period. An 
Agency-directed Occupational Safety and Health Administration 
Voluntary Protection Program [VPP] report found that, with 
regard to the safety and health performance element (an element 
assigned to at least 90 percent of the Wallops workforce), the 
metrics for evaluation and rating of employees is unclear. 
Therefore, the Committee requests that the Government 
Accountability Office [GAO] shall assess NASA's EPCS. To the 
extent practical, GAO should assess whether EPCS, as 
implemented by NASA, utilizes leading human capital practices 
and results in a system that provides both accountability and 
fairness for all employees. GAO should also include in its 
assessment the extent to which NASA's EPCS has a process for 
planning, monitoring, developing, assessing, and rewarding 
employee performance that is aligned to the agency's goals and 
promotes a performance culture that focuses on two-way 
communication and accountability for results, and clearly 
differentiates between high- and low-performing employees.
    Data Center Consolidation.--The Committee is disappointed 
with NASA's lack of commitment to significant enterprise-wide 
data center consolidation. While the Committee is pleased with 
the incremental progress NASA has made with regard to the 
consolidation of data centers at NASA facilities, the Committee 
also expects a sound technical and budgetary approach to long-
term cost savings through strategic investments. In order to 
assist in finding the best approach for reducing data center 
facility space, reducing Information Technology [IT] power 
consumption and otherwise achieving savings, NASA is directed 
to provide to the Committee a report by January 6, 2012, that 
includes a comprehensive analysis for NASA's alternatives with 
regard to IT consolidation. The report shall consider security, 
operational effectiveness and operations and maintenance costs, 
and compare these considerations over time in scenarios ranging 
from no consolidation action taken to maximum achievable 
consolidation as soon as possible. It is anticipated that the 
results of this report will help to inform the fiscal year 2013 
budget request, and future funding decisions and resource 
allocations by NASA's Chief Information Officer.
    NASA's Use of Term Positions.--The Committee directs NASA 
to provide a report no later than 60 days after enactment of 
this act providing the total number of term positions (both new 
hires and renewals) to be funded under this act, as well as a 
summary of NASA's use of term positions since 1990.
    NASA Payments for Academic Training and Degrees.--An August 
2011 Inspector General report found that NASA's management of 
its academic training program needs significant improvement. 
According to the report, ``NASA has not established adequate 
internal controls to address these challenges. As a result, 
from July 2006 through September 2010, NASA paid $1,440,000 for 
57 employees to pursue academic degrees outside of NASA's 
established degree programs--all without service commitments to 
the Agency for the degree.'' The Committee directs NASA to 
report within 90 days of enactment of this act on steps taken 
to reform and improve its programs for academic training and to 
ensure degree programs are undertaken as part of a formal NASA 
program. The report should include steps NASA will take to 
improve NASA-wide oversight of the program.

       CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

Appropriations, 2011....................................    $393,511,000
Budget estimate, 2012...................................     450,400,000
Committee recommendation................................     422,000,000

    The Construction and Environmental Compliance and 
Remediation account provides for design and execution of 
programmatic, discrete and minor revitalization, construction 
of facilities projects, facility demolition projects, and 
environmental compliance and remediation activities.

        CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Construction of Facilities............................          369,500
    Institutional CoF.................................         (339,600)
    Science CoF.......................................           (1,000)
    Space Operations CoF..............................          (28,900)
Environmental Compliance and Restoration..............           52,500
                                                       -----------------
      Total, Construction and Environmental Compliance          422,000
       and Restoration................................
------------------------------------------------------------------------

    Hangar One.--Due to concerns raised in a June 2011 NASA 
inspector general report, the Committee does not provide the 
requested funding for the re-siding of Hangar One at Moffett 
Field, California.
    Funding for Construction.--NASA continues to request funds 
for construction of facilities within both the Space Operations 
and the Exploration accounts. For fiscal year 2012, the 
Committee has granted NASA authority to transfer funds for 
construction into the Construction and Environmental 
Restoration Account. For fiscal year 2013 and beyond, NASA 
should not request construction funds in its other accounts. 
The fiscal year 2013 budget should clearly identify any 
construction requests related to the 21st Century Launch 
Complex, the Orion Multipurpose Crew Vehicle, and the heavy 
lift launch vehicle system, including related ground and 
mission operations and test facility construction projects.
    Rocket test facilities.--Within 30 days of enactment of 
this act, NASA shall submit to the Committees on Appropriations 
a report detailing its plans to use and rehabilitate, if 
necessary, NASA-owned systems-level rocket test facilities. The 
report should include plans for systems-level testing of the 
Space Launch System, an evaluation of potential commercial uses 
of such facilities, and a description of resources needed in 
fiscal year 2012.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2011....................................     $36,327,000
Budget estimate, 2012...................................      37,500,000
Committee recommendation................................      37,300,000

    The Committee recommendation provides $37,300,000 for the 
Office of Inspector General [IG]. The Office is responsible for 
promoting efficiency and preventing and detecting crime, fraud, 
waste, and mismanagement.
    Continuing to Monitor NASA Conference Expenditures.--In 
March 2010, the IG issued a report investigating NASA-sponsored 
conferences exceeding $20,000. The report highlights a 
``Procurement Training Conference'' for NASA budget employees 
held in Baltimore, Maryland, in December 2008. Costs for this 
conference ran $495,173. A comparable conference costs one-half 
the price for twice as many attendees. Bagels and coffee cost 
$62,000, or $66 per person, $7 more than the per diem rate for 
an entire day's meals. Under section 538 of the bill, NASA will 
continue to submit quarterly reports to the IG regarding the 
costs and contracting procedures relating to each conference or 
meeting held by NASA for which the cost to the Government was 
more than $20,000. The IG shall continue to audit these 
expenses to ensure that NASA has taken the corrective actions 
suggested in the March 2010 report.

                       ADMINISTRATIVE PROVISIONS

    The Committee includes bill language regarding the 
availability of funds for certain prizes. The Committee also 
includes bill language regarding: transfers of funds between 
accounts, the allowability of in-kind consideration for certain 
enhanced use leasing arrangements and the availability of 
certain funds from previous accounts and from the Endeavor 
Teacher Fellowship Trust Fund.

                      National Science Foundation

Appropriations, 2011....................................  $6,859,867,000
Budget estimate, 2012...................................   7,767,000,000
Committee recommendation................................   6,698,095,000

    The Committee's recommendation provides $6,698,095,000 for 
the National Science Foundation [NSF]. The recommendation is 
$161,772,000 below the fiscal year 2011 enacted level and 
$1,068,905,000 below the budget request.
    The National Science Foundation was established as an 
independent agency by the National Science Foundation Act of 
1950 (Public Law 81-507) and is authorized to support research 
and education programs that promote the progress of science and 
engineering in the United States. The Foundation supports 
research and education in all major scientific and engineering 
disciplines through grants, cooperative agreements, contracts, 
and other forms of assistance in all parts of the United 
States. The Foundation also supports unique, large-scale 
research facilities and international facilities.
    NSF is the principal Federal agency charged with promoting 
science and engineering education from pre-kindergarten through 
career development. This helps ensure that the United States 
has world-class scientists, mathematicians and engineers, and 
well-prepared citizens for today and the future. In today's 
global economy, continued progress in science and engineering 
and the transfer of the knowledge developed is vital if the 
United States is to maintain its competitiveness. NSF is at the 
leading edge of the research and discoveries that will create 
the jobs and technologies of the future.
    The Committee reiterates its long-standing requirement that 
NSF request reprogrammings when initiating new programs or 
activities of more than $500,000 or reorganizing components. 
The Committee expects to be notified of reprogramming actions 
which involve less than the above-mentioned amount if such 
actions would have the effect of changing the agency's funding 
requirements in future years, or if programs or projects 
specifically cited in the Committee's reports are affected.
    The Committee appreciates the NSF's commitment to 
terminating programs that are outdated, duplicative or no 
longer can achieve their goals. The Committee accepts NSF's 
proposal for reductions and terminations for the following 
programs: Deep Underground Science and Engineering Laboratory, 
Graduate STEM Fellows in K-12 Education, National STEM 
Distributed Learning (Digital Library), Research Initiation to 
Broaden Participation in Biology, Synchrotron Radiation Center, 
and Science of Learning Centers. These cuts will save more than 
$55,000,000 from the fiscal year 2011 level and $90,000,000 
from the fiscal year 2010 level.

                    RESEARCH AND RELATED ACTIVITIES

Appropriations, 2011....................................  $5,563,875,000
Budget estimate, 2012...................................   6,253,540,000
Committee recommendation................................   5,443,000,000

    The Committee's recommendation provides $5,443,000,000. The 
recommendation is $120,875,000 below the fiscal year 2011 
enacted level and $810,540,000 below the budget request.
    The Research and Related Activities appropriation funds 
scientific discovery, trains a dynamic workforce, and supports 
broadly accessible state-of-the-art tools and facilities. 
Research activities will contribute to the achievement of these 
outcomes through expansion of the knowledge base; integration 
of research and education; stimulation of knowledge transfer 
among academia and public and private sectors; and 
international activities, and will bring the perspectives of 
many disciplines to bear on complex problems important to the 
Nation. The Foundation's discipline-oriented Research and 
Related Activities account include: Biological Sciences; 
Computer and Information Science and Engineering; Engineering; 
Geosciences; Mathematical and Physical Sciences; Social, 
Behavioral and Economic Sciences; Office of 
Cyberinfrastructure; Office of International Science and 
Engineering; Office of Polar Programs; Integrative Activities; 
and U.S. Arctic Research Commission.
    The Committee's fiscal year 2012 recommendation renews its 
support for Federal long-term basic research that has the 
potential to be transformative to our economy and our way of 
life in the context of a Federal budget that is shrinking. As 
such, the recommendation endorses the Foundation's 
prioritization of multidisciplinary, high-risk research, 
including investments in advanced manufacturing, cyber 
infrastructure and robotics. Each of these programs aim to have 
a transformative impact across science and engineering, 
especially in areas of national priority first outlined by the 
National Academies report ``Rising Above the Gathering Storm.''
    It is not always easy to translate basic scientific 
discoveries into the ideas and products that build on those 
discoveries to launch a new product. While the scientist may be 
aware she has discovered something big, she may not be prepared 
to become the entrepreneur who creates the next great American 
company. The Committee is pleased to hear of the NSF's new 
focus on leveraging its basic research investments to provide 
the greatest possibility for identifying important discoveries 
and cutting-edge technologies. NSF's recent launch of 
Innovation Corps (I-Corps) will help scientists take the first 
steps from the research lab to commercialization by utilizing a 
strong private sector mentoring component, and small-scale 
Federal investment. I-Corps holds the promise to accelerate 
innovation that can attract subsequent third-party funding so 
discovery is transformed more rapidly into products that can 
help keep our Nation globally competitive, prosperous, and 
secure.
    Scientific Facilities and Instrumentation.--A critical 
component of the Nation's scientific enterprise is the 
infrastructure that supports researchers in discovery science. 
Investments to advance the frontiers of research and education 
in science and engineering are critical to the Nation's 
innovation enterprise. The Committee expects the NSF to fully 
fund world-class U.S. scientific research facilities and 
instruments to adequately support scientists and students 
engaged in ground-breaking research to maximize sustained 
investments in research.
    Astronomical Sciences.--The Committee is aware of the need 
to increase access to 8-meter class telescopes for the U.S. 
astronomical community. Demand for observing time on large 
telescopes currently exceeds the available time by a factor of 
3 to 4. The Committee recognizes that there is an opportunity 
to meet this need through an increased U.S. share of the Gemini 
program and provides an additional $2,000,000 above the request 
for increased time on Gemini either through a direct increase 
in the U.S. share or by providing instruments for Gemini.
    The Committee encourages NSF to pursue the astronomy and 
astrophysics decadal survey's recommendation to develop a giant 
segmented mirror telescope and to develop that telescope on 
domestic soil as a public-private partnership inclusive of 
international partners, through the agency's major research 
equipment and facilities construction process. This will help 
to continue America's leadership in optical astronomy, while 
supporting scientific and technical jobs to maintain our level 
of excellence in this field.
    Radio Astronomy.--United States-based astronomy facilities 
continue to make groundbreaking discoveries and conduct world-
class scientific research. NSF should consider allocating 
adequate funding within the amounts provided to sustain 
operations at domestic radio astronomy facilities while 
transitioning to full operation of the Atacama Large Millimeter 
Array.
    Cybersecurity.--The Committee's recommendation includes the 
full request of $156,550,000 for cybersecurity research, 
including $65,000,000 for NSF's contribution to the 
Comprehensive National Cybersecurity Initiative. NSF provides 
82 percent of the total Federal support for basic computer 
science research at academic institutions. As government, 
business and society become more interconnected and dependent 
on computers, mobile devices and the Internet, it becomes more 
important that those systems be reliable, resilient and 
resistant to attacks. The discovery and innovation in 
cybersecurity supported by NSF will form the intellectual 
foundations for practical applications that make our 
information networks safer, more secure, and better able to 
protect our information.
    Experimental Program To Stimulate Competitive Research 
[EPSCoR].--Within the amount provided, the Committee provides 
$146,830,000 for EPSCoR, an amount that is the same as the 
fiscal year 2011 amount.
    Support for Academic Research Fleet.--At a time of rising 
costs for fuel and material, the Committee is concerned about 
maintaining an adequate funding level for the Academic Research 
Fleet and related research to ensure vessels are properly 
maintained and effectively utilized. The Committee supports the 
full budget request level for Regional Class Research Vessels 
of $2,000,000. Within 180 days of enactment of this act, NSF 
should report to the Committee on the status of planned 
acquisition of three vessels to provide regional capabilities 
in the Atlantic, Pacific, and gulf coast regions.
    Giant Segmented Mirror Telescope.--The Committee expects 
NSF to select a Giant Segmented Mirror project for possible 
Federal partnership by the end of calendar year 2011, as 
recommended by the National Research Council's 2010 decadal 
survey in Astronomy and Astrophysics. This selection should be 
made by a competitive process or some other means that will 
provide long-term certainty for the U.S. projects now under 
development.
    Deep Underground Science and Engineering Laboratory 
[DUSEL].--The Committee notes the National Science Board's 
decision to end NSF involvement in DUSEL and appreciates 
transition funding provided in fiscal year 2011 to coordinate 
with the Department of Energy [DOE]. In light of the recent 
Board decision and National Research Council recommendations, 
the Committee expects NSF to provide a report within 60 days 
regarding efforts to collaborate with DOE on the use of a 
future deep underground science laboratory and any current or 
planned commitments by the Foundation.

          MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

Appropriations, 2011....................................    $117,055,000
Budget estimate, 2012...................................     224,680,000
Committee recommendation................................     117,055,000

    The Committee's recommendation provides $117,055,000. The 
recommendation is the same as the fiscal year 2011 enacted 
level and $107,625,000 below the budget request.
    The major research equipment and facilities construction 
appropriation supports the acquisition, procurement, 
construction, and commissioning of unique national research 
platforms and facilities as well as major research equipment. 
Projects supported by this appropriation will push the 
boundaries of technology and offer significant expansion of 
opportunities, often in new directions, for the science and 
engineering community. Preliminary design and development 
activities, on-going operations, and maintenance costs of the 
facilities are provided through the Research and Related 
Activities appropriation account.
    The Committee's recommendation includes funding at the 
requested level for the following ongoing projects: the 
Advanced Laser Interferometer Gravitational Wave Observatory 
[AdvLIGO]; the Atacama Large Millimeter Array [ALMA]; and the 
Advanced Technology Solar Telescope [ATST]. This amount also 
includes $83,095,000 to continue construction of the Ocean 
Observatories Initiative [OOI]. NSF may transfer up to 
$100,000,000 from its Research and Related Activities account 
to fully fund OOI or begin work on the National Ecological 
Observatory Network [NEON].

                     EDUCATION AND HUMAN RESOURCES

Appropriations, 2011....................................    $861,034,000
Budget estimate, 2012...................................     911,200,000
Committee recommendation................................     829,000,000

    The Committee's recommendation provides $829,000,000. The 
recommendation is $32,034,000 below the fiscal year 2011 
enacted level and $82,200,000 below the budget request.
    The education and human resources appropriation supports a 
comprehensive set of programs across all levels of education in 
science, technology, engineering and mathematics [STEM]. The 
appropriation supports activities that unite school districts 
with institutions of higher learning to improve precollege 
education. Other precollege activities include the development 
of the next generation of precollege STEM education leaders, 
instructional materials and the STEM instructional workforce. 
Undergraduate activities support curriculum, laboratory and 
instructional improvement; expand the STEM talent pool; attract 
STEM participants to teaching; augment advanced technological 
education at 2-year colleges; and develop dissemination tools. 
Graduate support is directed to research and teaching 
fellowships and traineeships and instructional workforce 
improvement by linking precollege systems with higher 
education. Programs also seek to broaden the participation of 
groups underrepresented in the STEM enterprise and promote 
informal science education. Ongoing evaluation efforts and 
research on learning strengthen the base for these programs.
    The Committee strongly encourages NSF to continue support 
for undergraduate science and engineering education. At a time 
when enrollment in STEM fields of study continues to decline, 
it is important that NSF use its position to support students 
working towards degrees in these areas.
    Creating a strong science and engineering workforce for the 
future is vital to maintaining the Nation's competitive edge. 
As the National Academies report ``Rising Above the Gathering 
Storm'' and, before that, the Hart-Rudman report on ``Road Map 
for National Security: Imperative for Change'' so 
illustratively point out, the future of U.S. competitiveness 
rests on our ability to train the next generation of scientists 
and engineers.
    Robert Noyce Scholarship Program.--The Committee has 
provided the fiscal year 2011 enacted level of $54,890,000 for 
the Robert Noyce Scholarship program. This program helps fill 
the critical need for STEM teachers in elementary and secondary 
schools by funding institutions of higher education to provide 
scholarships, stipends and programmatic support to recruit and 
prepare STEM majors and professionals to become K-12 teachers. 
Scholarship and stipend recipients are required to complete 2 
years of teaching in a high-need school district for each year 
of support.
    Federal Cyber Service: Scholarships for Service.--At the 
same time that more Americans are relying on the Internet and 
networked systems for business and pleasure, threats to those 
systems are growing. The Federal Cyber Service: Scholarships 
for Service program helps the Federal Government respond to 
threats to our information technology infrastructure by 
providing scholarships to train cyber security professionals. 
In return, scholarship recipients agree to serve in a Federal 
Government agency position, building the Government's capacity 
to understand, respond to, and prevent cyber threats. More than 
900 students have completed the program, which was initiated in 
fiscal year 2001; 92.6 percent of students have placed with 
more than 120 Federal agencies. The Committee provides 
$45,000,000, which is $20,000,000 above the requested level, to 
expand the Federal Cyber Service: Scholarships for Service 
program.
    Not less than $13,000,000 of the additional amount should 
be used specifically for graduate candidates, to include 
master's and doctoral students.
    Informal Science Education.--The Committee maintains its 
strong support for NSF's informal science education program. A 
report from the National Academy of Sciences, ``Learning 
Science in Informal Settings'', found evidence that nonschool 
science programs involving exhibitions, media projects, 
emerging learning technologies, and other informal education 
programs stimulate students and increase their interest in STEM 
education. The Committee encourages NSF to increase its support 
for the development of online accessible repositories of 
digital media and other materials to assist teachers and 
students in STEM education.
    Graduate Research Fellowship Program Eligibility.--The 
Graduate Research Fellowship Program [GRFP] provides 3 years of 
support for outstanding graduate students who are pursuing 
research-based master's and doctoral degrees in fields within 
NSF's mission. The Committee is concerned that meritorious 
applications from the field of psychology are being rejected 
without review based solely on the fact that the applicant is 
enrolled in a Clinical Psychology program, even when his or her 
application and academic work is focused on areas of basic 
research within the NSF mission. Therefore, the Committee urges 
NSF to ensure that the review of GRFP applications is based on 
the merits of the research proposed and that applicants are not 
rejected for reasons unrelated to the quality and merits of the 
proposed research.
    Professional Science Master's [PSM] Degree.--The Committee 
strongly encourages NSF to continue support for the 
Professional Science Master's [PSM] degree programs funded 
through the American Reinvestment and Recovery Act (Public Law 
111-5) as authorized in the America COMPETES Act (Public Law 
110-69). To remain competitive in the global economy, America 
needs to develop more expertise in STEM fields; the PSM 
provides a pathway for students with undergraduate degrees in 
STEM fields and is a critical program for preparing future 
science professionals and leaders. The Committee strongly 
recommends that NSF incorporate requests for funding in fiscal 
year 2013 budget and beyond.
    Broadening Participation.--The Committee appreciates the 
NSF's decision to maintain three existing initiatives to 
broaden participation, the Historically Black Colleges and 
Universities Undergraduate Program [HBCU-UP], the Louis Stokes 
Alliances for Minority Participation [LSAMP] and the Tribal 
Colleges and Universities Program [T-CUP]. These three programs 
each have different purposes and engage students and colleges 
and universities in a different manner. One size will not fit 
all. The Committee supports NSF's request to maintain HBCU-UP 
at $32,000,000; LSAMP at $44,750,000; and T-CUP at $14,350,000. 
The Committee also supports efforts to broaden participation of 
undergraduates in STEM that include institutions eligible for 
these three programs as well as institutions eligible under 
section 7033 of the America COMPETES Act (Public Law 110-69).
    The Committee is also committed to growing the STEM 
workforce by attracting broader participation from all 
underrepresented groups in STEM fields. While the Committee 
does not object to the transfer of Research in Disabilities 
Education [RDE] and Research on Gender in Science and 
Engineering [GSE] from the Division of Human Resource 
Development to the Division of Research on Learning in Formal 
and Informal Settings, the Committee directs NSF to maintain 
RDE and GSE as separate programs at the fiscal year 2011 
enacted level. Any future proposal to consolidate these 
programs within any broader program should include a plan 
showing how NSF will maintain or enhance current levels of 
effort to broaden participation, including diffusion efforts 
undertaken as part of GSE.

                 AGENCY OPERATIONS AND AWARD MANAGEMENT

Appropriations, 2011....................................    $299,400,000
Budget estimate, 2012...................................     357,740,000
Committee recommendation................................     290,400,000

    The Committee recommendation provides $290,400,000. The 
recommendation is $9,000,000 below the fiscal year 2011 enacted 
level and $67,340,000 below the budget request.
    The salaries and expenses appropriation provides funds for 
staff salaries, benefits, travel, training, rent, advisory and 
assistance services, communications and utilities expenses, 
supplies, equipment and other operating expenses necessary for 
management of the National Science Foundation's research and 
education activities.
    The Committee directs NSF to find savings from operating 
expenses and future headquarters planning.
    Workforce Management.--The NSF has received numerous 
reports from the Office of Inspector General and the Office of 
Personnel Management critiquing the management environment at 
NSF and recommending changes to improve the workplace. NSF's 
mission is to meet the highest scientific standards. Its 
managers need to ensure that the workplace meets the highest 
standards as well and is free from harassment and misconduct. 
Within 60 days of enactment, NSF shall deliver an action plan 
to the Committee detailing its plan to implement the 
recommended changes, along with expected date of implementation 
and the senior official responsible for implementation.

                  OFFICE OF THE NATIONAL SCIENCE BOARD

Appropriations, 2011....................................      $4,531,000
Budget estimate, 2012...................................       4,840,000
Committee recommendation................................       4,440,000

    The Committee recommendation provides $4,440,000. The 
recommendation is $91,000 below the fiscal year 2011 enacted 
level and $400,000 below the budget request.
    The National Science Board is the governing body of the 
National Science Foundation. The Board is composed of 24 
members, appointed by the President and confirmed by the 
Senate. The Board is also charged with serving as an 
independent adviser to the President and Congress on policy 
matters related to science and engineering research and 
education.
    Merit Review Criteria.--The Committee is aware that the 
Board, through its Task Force on Merit Review, is examining 
NSF's merit review criteria. While progress has been made in 
broadening access to STEM education and career opportunities 
for women, underrepresented minorities, and persons with 
disabilities, more remains to be done to achieve the goals of 
the Science and Engineering Equal Opportunities Act of 1980. 
According to the Committee on Equal Opportunities in Science 
and Education's 2008 Biennial Report to Congress, ``Based on 
NSF's own research, NSF needs to provide more guidance to 
principal investigators, institutions, and proposal reviewers 
on the definition and importance of broadening participation.'' 
However, broadening participation should remain an essential 
component of the NSF merit review criteria.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2011....................................     $13,972,000
Budget estimate, 2012...................................      15,000,000
Committee recommendation................................      14,200,000

    The Committee recommendation provides $14,200,000. The 
recommendation is $228,000 more than the fiscal year 2011 
enacted level and $800,000 less than the budget request.
    The Office of Inspector General appropriation provides 
audit and investigation functions to identify and correct 
deficiencies that could create potential instances of fraud, 
waste, or mismanagement. The Committee has provided an increase 
in this account to enhance accountability at the NSF.

                        ADMINISTRATIVE PROVISION

    The bill includes one administrative provision to allow 
limited transfers of funds among accounts.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011....................................      $9,381,000
Budget estimate, 2012...................................       9,429,000
Committee recommendation................................       9,193,000

    The Committee's recommendation provides $9,193,000 for the 
salaries and expenses of the Commission on Civil Rights. The 
recommendation is $188,000 below the fiscal year 2011 enacted 
level and $236,000 below the budget request.
    Improving Oversight.--Chronic financial and managerial 
problems at the Commission have been allowed to continue for 
too long without sufficient attention. In order to rectify this 
situation, the Committee establishes an inspector general [IG] 
for the Commission and provides that the post will be filled by 
the individual holding the position of IG at the Equal 
Employment Opportunity Commission [EEOC]. The IG is tasked with 
the duties and responsibilities specified in the Inspector 
General Act of 1978, to include the conduct of audits and 
reviews of Commission programs, finances and personnel. Funding 
for the operation of the Commission's IG, in the amount of 
$800,000, is provided by transfer directly to the EEOC IG.

                Equal Employment Opportunity Commission


                         SALARIES AND EXPENSES

Appropriations, 2011....................................    $366,568,000
Budget estimate, 2012...................................     385,520,000
Committee recommendation................................     329,237,000

    The Equal Employment Opportunity Commission [EEOC] is the 
leading Federal law enforcement agency dedicated to eradicating 
employment discrimination in both the public and private 
sectors on the basis of race, color, national origin, sex, 
religion, pregnancy, age, disability and family medical history 
or genetic information. The EEOC serves both U.S. public and 
private workplaces by helping provide a fair and inclusive 
workplace, which engenders employee satisfaction and 
commitment, and enhances employee retention, productivity and 
profitability.
    The Committee's recommendation provides $329,237,000 for 
EEOC salaries and expenses. Given growing fiscal constraints, 
the Committee's recommendation does not include the EEOC's 
request for an increase of $18,952,000 in fiscal year 2012, and 
must reduce EEOC's salaries and expenses by $7,331,000 compared 
with the fiscal year 2011 enacted level. This will regrettably 
risk reversing the progress made by EEOC since 2008 to slow 
dramatically the growth of backlogged, unresolved 
discrimination charges to only 1 percent by to hiring 
investigators, attorneys and other front-line staff; updating 
technology; and increasing private sector employer/employee 
training opportunities. This feat was accomplished even as the 
number of discrimination charges filed with EEOC reached 
historic levels, peaking at 100,000 cases filed in 2011.
    The EEOC anticipates 108,000 discrimination charges will be 
filed by the end of fiscal year 2012, with the goal of having 
93,000 end-of-year pending cases. Budget cuts and expanding 
enforcement responsibilities will make EEOC hard-pressed to 
meet this goal, leaving the Commission with an erosion of 
mission-critical staff, increased discrimination charge 
inventory, limits on its litigation docket, diminished 
employment sector enforcement efforts and delayed customer 
service.
    Backlog Reduction.--In order to advance EEOC's backlog 
reduction goals, the Committee encourages the Commission to 
prioritize, within funds provided, the hiring or backfilling 
positions of frontline mission critical staff that have the 
biggest impact on case resolutions. To assist in the monitoring 
of EEOC's hiring progress, EEOC is directed to continue 
submitting quarterly staffing reports, consistent with the 
direction provided in the statement accompanying Public Law 
111-117.
    Full Service Intake.--EEOC is currently reviewing and 
considering the adoption of a National Full Service Intake 
Model, which would create dedicated charge intake units in each 
field office to handle the intake process from pre-charge 
counseling through charge filing. The EEOC is directed to 
submit a report detailing its views on this model to the 
Committee within 120 days of the enactment of this act.
    Federal Sector Hearings.--EEOC is directed to submit a copy 
of the updated Federal Sector hearing plan (adjusted for 
stakeholder input) to the Committee prior to the implementation 
of such plan.
    Office of Inspector General [OIG].--The appropriating 
paragraph for the Commission on Civil Rights establishes that 
EEOC's Inspector General will simultaneously hold the post of 
Inspector General of the Commission on Civil Rights. The funds 
needed by the EEOC OIG to carry out this new responsibility are 
provided by transfer directly from the Commission on Civil 
Rights budget.

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

Appropriations, 2011....................................................
Budget estimate, 2012...................................................
Committee recommendation................................     $29,400,000

    The Committee recommends $29,400,000 to assist State and 
local enforcement agencies. The Committee is troubled that the 
EEOC has failed to provide adequate resources to its State 
partners and therefore has created a separate account for this 
funding.

                     International Trade Commission


                         SALARIES AND EXPENSES

Appropriations, 2011....................................     $81,696,000
Budget estimate, 2012...................................      87,000,000
Committee recommendation................................      80,062,000

    The Committee recommendation provides $80,062,000. The 
recommendation is $1,634,000 below the fiscal year 2011 level 
and is $6,938,000 below the budget request.
    The ITC is an independent, quasi-judicial agency 
responsible for conducting trade-related investigations, 
providing Congress and the President with independent technical 
advice relating to United States international trade policy.

                       Legal Services Corporation


               PAYMENT TO THE LEGAL SERVICES CORPORATION

Appropriations, 2011....................................    $404,190,000
Budget estimate, 2012...................................     450,000,000
Committee recommendation................................     396,106,000

    The Committee recommendation provides $396,106,000 for 
payment to the Legal Services Corporation [LSC]. The 
recommendation is $8,084,000 below the fiscal year 2011 enacted 
level, and $53,894,000 below the budget request.
    The Committee recommendation provides $370,506,000 for 
basic field programs, to be used for competitively awarded 
grants and contracts; $17,000,000 for management and 
administration; $3,400,000 for client self-help and information 
technology; $4,200,000 for the Office of the Inspector General; 
and $1,000,000 for loan repayment assistance.
    Governance and Management.--Continuing reports of 
governance and management issues at LSC undermine the 
credibility of the organization and complicate efforts to 
direct additional funds into legal aid, where they are 
desperately needed. Progress has been made in completing action 
on reform recommendations identified by GAO and the LSC 
Inspector General, but some recommendations remain outstanding 
and additional issues have been raised. The timely resolution 
of these issues must be a priority of the Corporation so that 
management and governance questions do not continue to 
overshadow the good work being done by LSC and its grantees.
    Cost Effectiveness Studies.--The Committee directs LSC to 
continue its collaboration with the Department of Justice to 
conduct a national level economic study of the cost 
effectiveness of legal aid that would expand on existing state 
models and establish more broadly applicable results.
    Private Attorney Involvement.--All LSC grantees are 
required to take steps to incentivize private attorney 
involvement in their programs, but these efforts are not 
performing up to their potential. By making a more aggressive 
push for pro bono private attorney services, grantees could 
alleviate some pressure on their own budgets and increase the 
number of clients served. LSC is urged to seek further action 
from its grantees to improve private attorney participation.
    Legal Aid Fellowships.--LSC is reportedly considering a 
proposal to create a fellowship program for retirees or recent 
law school graduates who will commit to working in legal aid 
for a designated period of time. LSC is directed to conduct a 
study of this proposal in order to further develop how such a 
fellowship program would work and how much it would cost to 
implement. LSC shall report to the Committee with the results 
of that study no later than 120 days after the enactment of 
this act.

          ADMINISTRATIVE PROVISION--LEGAL SERVICE CORPORATION

    The Committee recommendation continues the administrative 
provisions contained in the fiscal year 1998 appropriations act 
(Public Law 105-119) regarding operation of this program to 
provide basic legal services to disadvantaged individuals and 
the restrictions on the use of LSC funds.
    LSC funds cannot be used to engage in litigation and 
related activities with respect to a variety of matters 
including: (1) redistricting; (2) class action suits; (3) 
representation of illegal aliens; (4) political activities; (5) 
abortion; (6) prisoner litigation; (7) welfare reform; (8) 
representation of charged drug dealers during eviction 
proceedings; and (9) solicitation of clients. The exception to 
the restrictions occurs in a case where there is imminent 
threat of physical harm to the client or prospective client.
    The bill makes no changes to the permanent restrictions 
established under the Legal Services Corporation Act (42 U.S.C. 
Sec.  2996 et seq.). As it did in fiscal years 2010 and 2011, 
the Committee provides language that affects only the 1996 
appropriations rider in the following manner: (1) keeps the 
restriction on use of funds from all private and public sources 
for abortion-related litigation and representation of 
prisoners; and (2) lifts the restriction on use of funds from 
all private sources--but keeps the restriction on use of all 
public sources--for all other activities currently restricted 
by the rider. This provision was included to level the playing 
field between legal aid attorneys and their counterparts in the 
private sector and open potentially crucial sources of 
additional revenue to legal aid providers in a year in which 
State and private funding sources are decreasing.
    The manner in which the LSC grantees are audited through 
contracts with certified public accountants for financial and 
compliance audits are continued, along with the provisions on 
recompetition and debarment.
    The Committee recognizes that the LSC current percentage 
locality pay represents reasonable compensation for LSC 
officers and employees. The Committee expects that any locality 
pay will continue to be paid at that percentage.

                        Marine Mammal Commission


                         SALARIES AND EXPENSES

Appropriations, 2011....................................      $3,243,000
Budget estimate, 2012...................................       3,025,000
Committee recommendation................................       3,025,000

    The Committee recommendation provides $3,025,000. The 
recommendation is $218,000 below the fiscal year 2011 enacted 
level and is the same as the budget request.
    The Marine Mammal Commission and its Committee of 
Scientific Advisors on Marine Mammals provide oversight and 
recommend actions on domestic and international topics to 
advance policies and provisions of the Marine Mammal Protection 
Act. The Commission provides precise, up-to-date scientific 
information to Congress on issues related to the safety of 
marine mammals.
    Independent Report.--The Committee appreciates the Marine 
Mammal Commission's willingness to assess the 2011 statistical 
analysis prepared by the National Park Service [NPS] regarding 
the potential displacement of breeding and pupping harbor seals 
by shellfish aquaculture at Point Reyes National Seashore. As 
part of this on-going review, the Committee urges the 
Commission to thoroughly examine the reviews and analyses 
prepared by other statisticians on the NPS study to ensure a 
comprehensive assessment of all viewpoints. This should include 
a response to criticisms that the study: (1) should not have 
used data points for 1982-1983; (2) did not account fully for 
the impact of an aggressive elephant seal in the Double Point 
area on 2003 and 2004 harbor seal populations in Drake's 
Estero; and (3) did not accurately interpret aerial photographs 
and public health records when converting oyster harvest 
records to high/low values for further analysis. It also should 
include an analysis of the study's statistical significance if 
the 1982-1983 and/or 2003-2004 data are removed.

            Office of the United States Trade Representative


                         SALARIES AND EXPENSES

Appropriations, 2011....................................     $47,730,000
Budget estimate, 2012...................................      51,251,000
Committee recommendation................................      46,775,000

    The Committee recommendation provides $46,775,000 for the 
Office of the United States Trade Representative [USTR]. The 
recommendation is $955,000 below the fiscal year 2011 level and 
$4,476,000 below the budget request.
    USTR is responsible for developing and leading 
international negotiations for the United States on policies 
regarding international trade, direct investment, and 
commodities. Its areas of responsibility include all matters 
relating to the World Trade Organization; trade, commodity, and 
direct investment matters dealt with by certain international 
institutions; industrial, agricultural and services trade 
policy; and trade-related protection of intellectual property 
and the environment.

                        State Justice Institute


                         SALARIES AND EXPENSES

Appropriations, 2011....................................      $5,121,000
Budget estimate, 2012...................................       5,131,000
Committee recommendation................................       5,019,000

    The Committee's recommendation provides $5,019,000 for the 
State Justice Institute. The recommendation is $102,000 below 
the fiscal year 2011 enacted level and $112,000 below the 
budget request.
    The Institute was created in 1984 to further the 
development and adoption of improved judicial administration in 
State courts.

 Commission on Wartime Relocation and Internment of Latin Americans of 
                            Japanese Descent


                         SALARIES AND EXPENSES

Appropriations, 2011....................................................
Budget estimate, 2012...................................................
Committee recommendation................................      $1,700,000

    The Committee's recommendation provides $1,700,000 for the 
Commission on Wartime Relocation and Internment of Latin 
Americans of Japanese Descent.

                                TITLE V

                           GENERAL PROVISIONS

                        (INCLUDING RESCISSIONS)

    The Committee recommends the following general provisions 
for the departments, agencies and commissions funded in the 
accompanying bill.
    Section 501 prohibits the use of appropriations for certain 
publicity and propaganda purposes.
    Section 502 prohibits any appropriations contained in this 
act from remaining available for obligation beyond the current 
fiscal year unless expressly provided.
    Section 503 limits funds for certain consulting purposes.
    Section 504 provides that should any provision of the act 
be held to be invalid, the remainder of the act would not be 
affected.
    Section 505 stipulates the policy and procedures by which 
funding available to the agencies funded under this act may be 
reprogrammed for other purposes.
    Section 506 prohibits funds from being used to implement, 
administer, or enforce any guidelines of the Equal Employment 
Opportunity Commission [EEOC] similar to proposed guidelines 
covering harassment based on religion published by the EEOC in 
October 1993.
    Section 507 provides for a penalty for persons found to 
have falsely mislabeled products.
    Section 508 requires agencies to provide quarterly reports 
to the Appropriations Committees regarding unobligated 
balances.
    Section 509 requires agencies and departments funded in 
this act to absorb any necessary costs related to downsizing or 
consolidation within the amounts provided to the agency or 
department.
    Section 510 limits funds for the sale or export of tobacco 
or tobacco products.
    Section 511 prohibits user fees for background checks 
conducted pursuant to the Brady Handgun Control Act of 1993, 
and prohibits implementation of a background check system which 
does not require or result in destruction of certain 
information.
    Section 512 stipulates obligation of receipts available 
under the Crime Victims Fund.
    Section 513 prohibits the use of Department of Justice 
funds for programs that discriminate against, denigrate, or 
otherwise undermine the religious beliefs of students 
participating in such programs.
    Section 514 limits transfers of funds between agencies.
    Section 515 provides that funding for E-government 
initiatives are subject to reprogramming guidelines established 
by this act.
    Section 516 specifies requirements for certain firearms 
tracing studies.
    Section 517 requires the Inspectors General of the 
Departments of Commerce and Justice, the National Aeronautics 
and Space Administration, the National Science Foundation, and 
the Legal Services Corporation to conduct reviews of activities 
funded in this act; prohibits the use of funds for certain 
banquets and conferences; and requires certifications regarding 
conflicts of interest.
    Section 518 prohibits funds to issue certain patents.
    Section 519 prohibits the use of funds to support or 
justify the use of torture.
    Section 520 limits funds pertaining to certain activities 
related to the export of firearms.
    Section 521 limits funds to process permits to import 
certain products.
    Section 522 prohibits funds for activities that seek to 
include certain language in new trade agreements.
    Section 523 prohibits funds to authorize a national 
security letter in contravention of the statutes authorizing 
the FBI to issue national security letters.
    Section 524 requires notification to the Committees in the 
event of cost overruns.
    Section 525 authorizes funds appropriated for intelligence 
activities for the Department of Justice during fiscal year 
2012 until the enactment of the Intelligence Authorization Act 
for Fiscal Year 2012.
    Section 526 directs the departments, agencies, and 
commissions funded under this act to establish and maintain on 
the homepages of their Internet websites a link to their 
Offices of Inspectors General and a method 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 has 
certified in writing that she has filed all Federal tax 
returns, has not been convicted of a criminal offense under the 
IRS Code of 1986, and has no unpaid Federal tax assessment.
    Section 528 prohibits the use of funds in a manner that is 
inconsistent with the principal negotiating objective of the 
United States with respect to trade remedy laws.
    Section 529 specifies rescissions of prior appropriations.
    Section 530 prohibits the use of funds to purchase first 
class or premium airline travel in contravention of current 
regulations.
    Section 531 prohibits the use of funds to pay for the 
attendance of more than 50 employees at any single conference 
outside the United States.
    Section 532 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 533 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 Naval 
Station, Guantanamo Bay, Cuba for the purposes of detention or 
imprisonment in the custody or control of the Department of 
Defense.
    Section 534 prohibts funds to the Association of Community 
Organizations for Reform Now [ACORN] and its subsidiaries.
    Section 535 requires, when practicable, the use of ``Energy 
Star'' or ``Federal Energy Management Program'' designated 
light bulbs.
    Section 536 requires agencies funded in this act to report 
on undisbursed balances.
    Section 537 prohibits the use of funds to relocate the 
Bureau of Census or employees to the Executive Office of the 
President.
    Section 538 requires agencies to report conference spending 
to the Inspectors General.
    Section 539 prohibits the use of funds to establish or 
maintain a computer network that does not block pornography, 
except for law enforcement purposes.
    Section 540 requires the Departments of Commerce and 
Justice, the National Aeronautics and Space Administration and 
the National Science Foundation to submit spending plans to the 
House and Senate Appropriations Committees within 30 days of 
enactment of this act.
    Section 541 authorizes the establishment of a Commission on 
Wartime Relocation and Internment of Latin Americans of 
Japanese Descent.

  COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE 
                                 SENATE

    Rule XVI, paragraph 7 requires that every report on a 
general appropriation bill filed by the Committee must identify 
items of appropriation not made to carry out the provisions of 
an existing law, a treaty stipulation, or an act or resolution 
previously passed by the Senate during that session.
    The Committee recommends funding for the following programs 
or activities that currently lack an authorization for fiscal 
year 2012, either in whole or in part, and therefore fall under 
this rule:

         APPROPRIATIONS NOT AUTHORIZED BY LAW--FISCAL YEAR 2012
------------------------------------------------------------------------
                                                           Last year of
                     Agency/Program                        authorization
------------------------------------------------------------------------
Department of Commerce:
    International Trade Administration:
        Export Promotion................................            1996
    Economic Development Administration:
        Salaries and Expenses...........................            2008
        Economic Development Assistance Programs:
            Public Works and Economic Development.......            2008
    National Telecommunications and Information
     Administration:
        Salaries and Expenses...........................            1993
    National Oceanic and Atmospheric Administration:\1\
        Operations, Research and Facilities:
            National Ocean Service:
                Coral Reef Conservation.................            2004
                Coastal Zone Management.................            1999
                Marine Protection, Research,                        2005
                 Preservation & Sanctuaries.............
            National Marine Fisheries Services:
                Endangered Species Act Amendment........            1992
                Marine Mammal Protection................            1999
                NOAA Marine Fisheries Program...........            2000
        Pacific Coastal Salmon Recovery.................            2009
Department of Justice:
    General Administration:
        Salaries and Expenses...........................            2009
        Justice Information Sharing Technology..........            2009
        Law Enforcement Wireless Communications.........            2009
    Administrative Review & Appeals:
        Salaries and Expenses...........................            2009
    Detention Trustee...................................            2009
    Office of Inspector General:
        Salaries and Expenses...........................            2009
    U.S. Parole Commission:
        Salaries and Expenses...........................            2009
    Legal Activities:
        General Legal Activities:
            Salaries and Expenses.......................            2009
        Antitrust Division:
            Salaries and Expenses.......................            2009
        U.S. Attorneys:
            Salaries and Expenses.......................            2009
        Foreign Claims Settlement Commission:
            Salaries and Expenses.......................            2009
        Fees and Expenses of Witnesses..................            2009
        Community Relations Service:
            Salaries and Expenses.......................            2009
        Assets Forfeiture Fund Current Budget Authority.            2009
    U.S. Marshals Service...............................            2009
        Salaries and Expenses...........................             N/A
        Construction....................................             N/A
    National Security Division:
        Salaries and Expenses...........................             N/A
    Interagency Law Enforcement:
        Interagency Crime and Drug Enforcement..........            2009
    Federal Bureau of Investigation.....................            2009
        Salaries and Expenses...........................             N/A
        Construction....................................             N/A
    Drug Enforcement Administration:
        Salaries and Expenses...........................            2009
        Construction....................................             N/A
    Bureau of Alcohol, Tobacco, Firearms and Explosives:
        Salaries and Expenses...........................            2009
    Federal Prison System...............................            2009
        Salaries and Expenses...........................             N/A
        Buildings and Facilities........................             N/A
    Office on Violence Against Women:
        STOP Grants.....................................            2011
            Children Exposed to Violence................             N/A
        Transitional Housing Assistance.................            2011
        Research & Evaluation on Violence Against Women.             N/A
        Grants to Encourage Arrest Policies.............            2011
            Homicide Prevention Initiative..............             N/A
        Sexual Assault Victims Services.................            2011
        Rural Domestic Violence & Child Abuse                       2011
         Enforcement....................................
        Violence on College Campuses....................            2011
        Civil Legal Assistance..........................            2011
        Elder Abuse Grant Program.......................            2011
        Safe Havens Program.............................            2011
        Education & Training for Disabled Female Victims            2011
        Court Training and Improvements Program.........            2011
            Family Court Initiative.....................             N/A
        Research on Violence against Indian Women.......            2008
        Engaging Men and Youth in Prevention............            2011
        Services for Children/Youth Exposed to Violence.            2011
        Advocates for Youth/Services for Youth Victims              2011
         (STARY)........................................
        Supporting Teens through Education and                      2011
         Protection.....................................
        National Resource Center on Workplace Responses.            2011
        Indian Country--Sexual Assault Clearinghouse....             N/A
        OVW Program Management and Administration.......            2009
    Office of Justice Programs:
        Research, evaluation and statistics:
            Bureau of Justice Statistics................            1995
            National Institute of Justice...............            1995
            Evaluation Clearinghouse....................             N/A
            Regional information sharing................            2003
        State and local law enforcement assistance:
            Byrne Memorial Justice Assistance Grants:
                SLATT Intelligence State and Local                   N/A
                 Training...............................
                State and Local Assistance Help Desk/                N/A
                 Diagnostic Center......................
                Smart Probation.........................             N/A
                VALOR Initiative........................             N/A
            State Criminal Alien Assistance Program.....            2011
            Border Prosecution Initiatives..............             N/A
            Byrne Competitive Grants....................             N/A
            Victims of Trafficking Grants (22 U.S.C.                2011
             7110)......................................
            Victims of Trafficking Grants (42 U.S.C.                2011
             14044c(d)).................................
            Drug Courts.................................            2008
            Mental Health Courts........................            2014
            Residential Substance Abuse Treatment.......            2000
            Capital Litigation..........................            2009
            Economic, High-tech and Cybercrime                      2012
             Prevention.................................
            John R. Justice Grants......................            2014
            Adam Walsh Act..............................            2009
            Byrne Criminal Justice Innovation Program...             N/A
            Children Exposed to Violence................             N/A
            Bulletproof Vests Partnerships..............            2012
            Violent Gang and Gun Crime Reduction........             N/A
            National Forum on Youth Violence Prevention.             N/A
            Training for Judicial Personnel.............            2005
            CASA--Special Advocates.....................            2011
            NICS........................................            2013
            Criminal Records Upgrade....................            2007
            Paul Coverdell Forensic Science.............            2009
            DNA Analysis/Other Forensics................            2014
            Child Sexual Predator program (for grants               2009
             under SOMA [42 U.S.C. 16926])..............
        Juvenile Justice Programs:
            Juvenile Justice State Formula Grants.......            2007
            Juvenile Accountability Block Grants........            2009
            Enforcing Underage Drinking Laws............            2009
            Juvenile Justice Youth Mentoring Grants.....             N/A
            Community-Based Violence Initiative.........             N/A
            Investigation and Prosecution Of Child Abuse            2005
            Missing and Exploited Children programs.....            2004
        COPS Programs:
            Methamphetamine Lab Cleanups................            2010
                Transfer to DEA.........................  ..............
            Community Policing..........................            2009
Related Agencies:
    Commission on Civil Rights:
        Salaries and Expenses...........................            1995
    International Trade Commission:
        Salaries and Expenses...........................            2004
    Payment to the Legal Services Corporation:
        Salaries and Expenses...........................            1980
    Marine Mammal Commission:
        Salaries and Expenses...........................            1999
    Office of the U.S. Trade Representative:
        Salaries and Expenses...........................            2004
    State Justice Institute:
        Salaries and Expenses...........................            2008
------------------------------------------------------------------------
\1\NOAA authorizations are spread across over 60 separate statutory
  authorities. In many cases, the authorizations do not match exactly to
  specific programs.


COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE 
                                 SENATE

    Pursuant to paragraph 7(c) of rule XXVI, on September 15, 
2011, the Committee ordered favorably reported an original bill 
(S. 1572) making appropriations for the Departments of Commerce 
and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2012, and for other purposes, 
provided, that the bill be subject to amendment and that the 
bill be consistent with its spending allocations, by a recorded 
vote of 29-1, a quorum being present. The vote was as follows:
        Yeas                          Nays
Chairman Inouye                     Mr. Johnson (WI)
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Kohl
Mrs. Murray
Mrs. Feinstein
Mr. Durbin
Mr. Johnson (SD)
Ms. Landrieu
Mr. Reed
Mr. Lautenberg
Mr. Nelson
Mr. Pryor
Mr. Tester
Mr. Brown
Mr. Cochran
Mr. McConnell
Mr. Shelby
Mrs. Hutchison
Mr. Alexander
Ms. Collins
Ms. Murkowski
Mr. Graham
Mr. Kirk
Mr. Coats
Mr. Blunt
Mr. Moran
Mr. Hoeven

 COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE 
                                 SENATE

    Paragraph 12 of the rule XXVI requires that Committee 
reports on a bill or joint resolution repealing or amending any 
statute or part of any statute include ``(a) the text of the 
statute or part thereof which is proposed to be repealed; and 
(b) a comparative print of that part of the bill or joint 
resolution making the amendment and of the statute or part 
thereof proposed to be amended, showing by stricken-through 
type and italics, parallel columns, or other appropriate 
typographical devices the omissions and insertions which would 
be made by the bill or joint resolution if enacted in the form 
recommended by the Committee.''
    In compliance with this rule, the following changes in 
existing law proposed to be made by this bill are shown as 
follows: existing law to be omitted is enclosed in black 
brackets; new matter is printed in italic; and existing law in 
which no change is proposed is shown in roman.

               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE


                     PART II--DEPARTMENT OF JUSTICE

                    Chapter 31--The Attorney General


Sec. 530A. Authorization of appropriations for travel and related 
                    expenses and for health care of personnel serving 
                    abroad

    There are authorized to be [appropriated] used from 
appropriations, for any fiscal year, for the Department of 
Justice, such sums as may be necessary--
            (1) for travel and related expenses of employees of 
        the Department of Justice serving abroad and their 
        families, to be payable in the same manner as 
        applicable with respect to the Foreign Service under 
        paragraphs (2), (3), (5), (6), (8), (9), (11), and (15) 
        of section 901 of the Foreign Service Act of 1980, and 
        under the regulations issued by the Secretary of State; 
        and
            (2) for health care for such employees and 
        families, to be provided under section 904 of that Act.
                                ------                                


            TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS


           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) In General.-- * * *
    (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) Establishment.-- * * *

           *       *       *       *       *       *       *

    (c) Purpose.-- * * *
    (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.
                                ------                                


OMNIBUS CONSOLIDATED RESCISSIONS AND APPROPRIATIONS ACT OF 1996, PUBLIC 
                              LAW 104-134


DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                       AGENCIES APPROPRIATION ACT


                       TITLE V--RELATED AGENCIES


                       Legal Services Corporation


         ADMINISTRATIVE PROVISIONS--LEGAL SERVICES CORPORATION

    Sec. 504. (a) None of the funds appropriated in this Act to 
the Legal Services Corporation may be used to provide financial 
assistance to any person or entity (which may be referred to in 
this section as a ``recipient'') that uses Federal funds (or 
funds from any source with regard to paragraphs (14) and (15)) 
in a manner--
            (1) that makes available any funds, personnel, or 
        equipment for use in advocating or opposing any plan or 
        proposal, or represents any party or participates in 
        any other way in litigation, that is intended to or has 
        the effect of altering, revising, or reapportioning a 
        legislative, judicial, or elective district at any 
        level of government, including influencing the timing 
        or manner of the taking of a census;

           *       *       *       *       *       *       *

    [(d)(1) The Legal Services Corporation shall not accept any 
non-Federal funds, and no recipient shall accept funds from any 
source other than the Corporation, unless the Corporation or 
the recipient, as the case may be, notifies in writing the 
source of the funds that the funds may not be expended for any 
purpose prohibited by the Legal Services Corporation Act or 
this title.
            [(2) Paragraph (1) shall not prevent a recipient 
        from--
                    [(A) receiving Indian tribal funds 
                (including funds from private nonprofit 
                organizations for the benefit of Indians or 
                Indian tribes) and expending the tribal funds 
                in accordance with the specific purposes for 
                which the tribal funds are provided; or
                    [(B) using funds received from a source 
                other than the Legal Services Corporation to 
                provide legal assistance to a covered 
                individual if such funds are used for the 
                specific purposes for which such funds were 
                received, except that such funds may not be 
                expended by recipients for any purpose 
                prohibited by this Act or by the Legal Services 
                Corporation Act.]

           *       *       *       *       *       *       *

    [(e)] (d) Nothing in this section shall be construed to 
prohibit a recipient from using funds derived from a source 
other than the Legal Services Corporation to comment on public 
rulemaking or to respond to a written request for information 
or testimony from a Federal, State or local agency, legislative 
body or committee, or a member of such an agency, body, or 
committee, so long as the response is made only to the parties 
that make the request and the recipient does not arrange for 
the request to be made.
    [(f)] (e) As used in this section:
            (1) The term ``controlled substance'' has the 
        meaning given the term in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802).
            (2) The term ``covered individual'' means any 
        person who--
                    (A) except as provided in subparagraph (B), 
                meets the requirements of this Act and the 
                Legal Services Corporation Act relating to 
                eligibility for legal assistance; and
                    (B) may or may not be financially unable to 
                afford legal assistance.
            (3) The term ``public housing project'' has the 
        meaning as used within, and the term ``public housing 
        agency'' has the meaning given the term, in section 3 
        of the United States Housing Act of 1937 (42 U.S.C. 
        1437a).
                        BUDGETARY IMPACT OF BILL


  PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
                                                     AMENDED
                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                  Budget authority               Outlays
                                                             ---------------------------------------------------
                                                               Committee    Amount  in   Committee    Amount  in
                                                               allocation      bill      allocation      bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
 to its subcommittees of amounts in the budget resolution
 for 2012: Subcommittee on Commerce, Justice, Science, and
 Related Agencies:
    Mandatory...............................................          272          272          284       \1\284
    Discretionary...........................................       52,701       52,830       63,570    \1\63,517
        Security............................................           84           78           NA           NA
        Nonsecurity.........................................       52,617       52,752           NA           NA
Projections of outlays associated with the recommendation:
    2012....................................................  ...........  ...........  ...........    \2\37,893
    2013....................................................  ...........  ...........  ...........       14,311
    2014....................................................  ...........  ...........  ...........        3,485
    2015....................................................  ...........  ...........  ...........        1,900
    2016 and future years...................................  ...........  ...........  ...........        2,243
Financial assistance to State and local governments for                NA       -3,593           NA           11
 2012.......................................................

----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.

NA: Not applicable.

Consistent with the funding recommended in the bill for disaster funding and in accordance with section
  251(b)(2)(D) of the BBEDCA and section 106 of the Deficit Control Act of 2011, the Committee anticipates that
  the Budget Committee will file a revised section 302(a) allocation for the Committee on Appropriations
  reflecting an upward adjustment of $135,000,000 in budget authority plus associated outlays.


  COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2011 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
                                                                        YEAR 2012
                                                                [In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         Senate Committee recommendation
                                                                                                                             compared with (+ or -)
                                Item                                       2011       Budget estimate     Committee    ---------------------------------
                                                                      appropriation                     recommendation        2011
                                                                                                                         appropriation   Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  TITLE I--DEPARTMENT OF COMMERCE

                 International Trade Administration

Operations and administration......................................         450,106          526,091          441,104           -9,002          -84,987
Offsetting fee collections.........................................          -9,439           -9,439           -9,439   ...............  ...............
                                                                    ------------------------------------------------------------------------------------
      Direct appropriation.........................................         440,667          516,652          431,665           -9,002          -84,987

                  Bureau of Industry and Security

Operations and administration......................................          68,862           79,845           66,859           -2,003          -12,986
    Defense function...............................................          31,279           31,342           31,279   ...............             -63
                                                                    ------------------------------------------------------------------------------------
      Total, Bureau of Industry and Security.......................         100,141          111,187           98,138           -2,003          -13,049

                Economic Development Administration

Economic development assistance programs...........................         245,508          284,300          220,000          -25,508          -64,300
    (Disaster relief category).....................................  ...............  ...............         135,000         +135,000         +135,000
                                                                    ------------------------------------------------------------------------------------
      Total, Economic Development Assistance Programs..............         245,508          284,300          355,000         +109,492          +70,700

Salaries and expenses..............................................          37,924           40,631           37,166             -758           -3,465
                                                                    ------------------------------------------------------------------------------------
      Total, Economic Development Administration...................         283,432          324,931          392,166         +108,734          +67,235

                Minority Business Development Agency

Minority business development......................................          30,339           32,322           29,732             -607           -2,590

                 Economic and Statistical Analysis

Salaries and expenses..............................................          97,060          112,937           95,119           -1,941          -17,818

                        Bureau of the Census

Salaries and expenses..............................................         258,506          272,054          253,336           -5,170          -18,718
Periodic censuses and programs.....................................         891,214          752,711          690,000         -201,214          -62,711
                                                                    ------------------------------------------------------------------------------------
      Total, Bureau of the Census..................................       1,149,720        1,024,765          943,336         -206,384          -81,429

     National Telecommunications and Information Administration

Salaries and expenses..............................................          40,568           55,827           45,568           +5,000          -10,259
Public telecommunications facilities, planning and construction....           1,000   ...............  ...............          -1,000   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, National Telecommunications and Information                     41,568           55,827           45,568           +4,000          -10,259
       Administration..............................................

                    Patent and Trademark Office

Salaries and expenses, current year fee funding....................       2,090,000        2,678,000        2,678,000         +588,000   ...............
Offsetting fee collections.........................................      -2,090,000       -2,678,000       -2,678,000         -588,000   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, Patent and Trademark Office...........................  ...............  ...............  ...............  ...............  ...............

           National Institute of Standards and Technology

Scientific and technical research and services.....................         506,984          678,943          500,000           -6,984         -178,943
    (Transfer out).................................................         (-9,000)         (-9,000)         (-9,000)  ...............  ...............

Industrial technology services.....................................         173,253          237,622          120,000          -53,253         -117,622
    Manufacturing Extension Partnerships...........................        (128,443)        (142,616)        (120,000)         (-8,443)        (-22,616)
    Technology Innovation Program..................................         (44,810)         (74,973)  ...............        (-44,810)        (-74,973)
    Baldrige Performance Excellence Program........................  ...............          (7,727)  ...............  ...............         (-7,727)
    Advanced manufacturing technology consortia....................  ...............         (12,306)  ...............  ...............        (-12,306)

Construction of research facilities................................          69,860           84,565           60,000           -9,860          -24,565
Working capital fund (by transfer).................................          (9,000)          (9,000)          (9,000)  ...............  ...............
                                                                    ------------------------------------------------------------------------------------
      Total, National Institute of Standards and Technology........         750,097        1,001,130          680,000          -70,097         -321,130

          National Oceanic and Atmospheric Administration

Operations, research, and facilities...............................       3,179,511        3,377,607        3,134,327          -45,184         -243,280
    (by transfer)..................................................         (68,000)         (66,200)        (109,098)        (+41,098)        (+42,898)
    Promote and Develop Fund (transfer out)........................        (-68,000)        (-66,200)       (-109,098)        (-41,098)        (-42,898)
    Coastal zone management transfer...............................           3,000   ...............  ...............          -3,000   ...............
                                                                    ------------------------------------------------------------------------------------
      Subtotal.....................................................       3,182,511        3,377,607        3,134,327          -48,184         -243,280

Procurement, acquisition and construction..........................       1,332,682        2,052,777        1,833,594         +500,912         -219,183
Pacific coastal salmon recovery....................................          79,840           65,000           65,000          -14,840   ...............
Fishermen's contingency fund.......................................  ...............             350              350             +350   ...............
Coastal zone management fund.......................................          -1,000   ...............  ...............          +1,000   ...............
Fisheries finance program account..................................          -6,000          -10,000          -11,000           -5,000           -1,000
Fisheries Enforcement Asset Forfeiture Fund........................  ...............           8,000            8,000           +8,000   ...............
    Offsetting receipts............................................  ...............          -8,000           -8,000           -8,000   ...............
Sanctuaries Enforcement Asset Forfeiture Fund......................  ...............           1,000            1,000           +1,000   ...............
    Offsetting receipts............................................  ...............          -1,000           -1,000           -1,000   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, National Oceanic and Atmospheric Administration.......       4,588,033        5,485,734        5,022,271         +434,238         -463,463

                      Departmental Management

Salaries and expenses..............................................          57,884           64,871           56,726           -1,158           -8,145
Herbert C. Hoover Building, renovation and modernization...........          14,970           16,150            5,000           -9,970          -11,150
Office of Inspector General........................................          26,946           33,520           26,946   ...............          -6,574
Enterprise cybersecurity monitoring and operations.................  ...............          22,612   ...............  ...............         -22,612
                                                                    ------------------------------------------------------------------------------------
      Total, Departmental Management...............................          99,800          137,153           88,672          -11,128          -48,481
                                                                    ====================================================================================
      Total, title I, Department of Commerce.......................       7,580,857        8,802,638        7,826,667         +245,810         -975,971
          Appropriations...........................................      (7,580,857)      (8,802,638)      (7,691,667)       (+110,810)     (-1,110,971)
          Disaster relief category.................................  ...............  ...............        (135,000)       (+135,000)       (+135,000)
      (by transfer)................................................         (77,000)         (75,200)        (118,098)        (+41,098)        (+42,898)
      (transfer out)...............................................        (-77,000)        (-75,200)       (-118,098)        (-41,098)        (-42,898)
                                                                    ====================================================================================
                  TITLE II--DEPARTMENT OF JUSTICE

                       General Administration

Salaries and expenses..............................................         118,251          134,225          115,886           -2,365          -18,339
National Drug Intelligence Center..................................          33,955           25,000           20,000          -13,955           -5,000
Justice information sharing technology.............................          60,164           54,307           47,000          -13,164           -7,307
Law enforcement wireless communications............................          99,800          102,751           87,000          -12,800          -15,751
                                                                    ------------------------------------------------------------------------------------
      Total, General Administration................................         312,170          316,283          269,886          -42,284          -46,397

Administrative review and appeals..................................         300,084          332,583          294,082           -6,002          -38,501
    Transfer from immigration examinations fee account.............          -4,000           -4,000           -4,000   ...............  ...............
                                                                    ------------------------------------------------------------------------------------
      Direct appropriation.........................................         296,084          328,583          290,082           -6,002          -38,501

Detention trustee..................................................       1,515,626        1,595,360        1,563,453          +47,827          -31,907
Office of Inspector General........................................          84,199           85,057           84,199   ...............            -858

                  United States Parole Commission

Salaries and expenses..............................................          12,833           13,213           12,577             -256             -636

                          Legal Activities

Salaries and expenses, general legal activities....................         863,367          955,391          846,099          -17,268         -109,292
Vaccine injury compensation trust fund.............................           7,833            7,833            7,833   ...............  ...............

Salaries and expenses, Antitrust Division..........................         162,844          166,221          159,587           -3,257           -6,634
    Offsetting fee collections--current year.......................         -96,000         -108,000         -108,000          -12,000   ...............
                                                                    ------------------------------------------------------------------------------------
      Direct appropriation.........................................          66,844           58,221           51,587          -15,257           -6,634

Salaries and expenses, United States Attorneys.....................       1,930,135        1,995,149        1,891,532          -38,603         -103,617

United States Trustee System Fund..................................         218,811          234,115          234,115          +15,304   ...............
    Offsetting fee collections.....................................        -214,250         -234,115         -234,115          -19,865   ...............
                                                                    ------------------------------------------------------------------------------------
      Direct appropriation.........................................           4,561   ...............  ...............          -4,561   ...............

Salaries and expenses, Foreign Claims Settlement Commission........           2,113            2,124            2,071              -42              -53
Fees and expenses of witnesses.....................................         270,000          270,000          270,000   ...............  ...............
Salaries and expenses, Community Relations Service.................          11,456           12,967           11,227             -229           -1,740
Assets forfeiture fund.............................................          20,948           20,990           20,990              +42   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, Legal Activities......................................       3,177,257        3,322,675        3,101,339          -75,918         -221,336

                   United States Marshals Service

Salaries and expenses..............................................       1,123,511        1,243,570        1,101,041          -22,470         -142,529
Construction.......................................................          16,592           15,625           12,000           -4,592           -3,625
                                                                    ------------------------------------------------------------------------------------
      Total, United States Marshals Service........................       1,140,103        1,259,195        1,113,041          -27,062         -146,154

                     National Security Division

Salaries and expenses..............................................          87,762           87,882           86,007           -1,755           -1,875

                    Interagency Law Enforcement

Interagency crime and drug enforcement.............................         527,512          540,966          516,962          -10,550          -24,004

                  Federal Bureau of Investigation

Salaries and expenses..............................................       3,385,216        3,358,000        3,270,000         -115,216          -88,000
    Overseas contingency operations (emergency)....................         101,066   ...............  ...............        -101,066   ...............
    Counterintelligence and national security......................       4,332,873        4,636,991        4,515,000         +182,127         -121,991
                                                                    ------------------------------------------------------------------------------------
      Subtotal.....................................................       7,819,155        7,994,991        7,785,000          -34,155         -209,991

Construction.......................................................         107,095           80,982           75,000          -32,095           -5,982
                                                                    ------------------------------------------------------------------------------------
      Total, Federal Bureau of Investigation.......................       7,926,250        8,075,973        7,860,000          -66,250         -215,973

                  Drug Enforcement Administration

Salaries and expenses..............................................       2,267,433        2,354,114        2,222,084          -45,349         -132,030
    Diversion control fund.........................................        -251,790         -322,000         -322,000          -70,210   ...............
                                                                    ------------------------------------------------------------------------------------
      Subtotal.....................................................       2,015,643        2,032,114        1,900,084         -115,559         -132,030

Construction.......................................................  ...............          10,000           10,000          +10,000   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, Drug Enforcement Administration.......................       2,015,643        2,042,114        1,910,084         -105,559         -132,030

        Bureau of Alcohol, Tobacco, Firearms and Explosives

Salaries and expenses..............................................       1,112,542        1,147,295        1,090,292          -22,250          -57,003

                       Federal Prison System

Salaries and expenses..............................................       6,282,410        6,724,266        6,589,781         +307,371         -134,485
Buildings and facilities...........................................          98,957           99,394           90,000           -8,957           -9,394
Limitation on administrative expenses, Federal Prison Industries,             2,700            2,700            2,700   ...............  ...............
 Incorporated......................................................
                                                                    ------------------------------------------------------------------------------------
      Total, Federal Prison System.................................       6,384,067        6,826,360        6,682,481         +298,414         -143,879

             State and Local Law Enforcement Activities

Office on Violence Against Women:
    Prevention and prosecution programs............................         417,663          431,750          417,663   ...............         -14,087
    Salaries and expenses..........................................  ...............  ...............          20,580          +20,580          +20,580
        (By transfer)..............................................  ...............         (23,148)  ...............  ...............        (-23,148)
                                                                    ------------------------------------------------------------------------------------
          Subtotal.................................................         417,663          454,898          438,243          +20,580          -16,655

Office of Justice Programs:
    Research, evaluation and statistics............................         234,530          178,500          121,000         -113,530          -57,500
    State and local law enforcement assistance.....................       1,117,845        1,173,500        1,063,498          -54,347         -110,002
    Juvenile justice programs......................................         275,423          280,000          251,000          -24,423          -29,000
    Salaries and expenses..........................................  ...............         271,833          118,572         +118,572         -153,261
        (transfer out).............................................  ...............        (-63,478)  ...............  ...............        (+63,478)
                                                                    ------------------------------------------------------------------------------------
          Subtotal.................................................  ...............         208,355          118,572         +118,572          -89,783

    Public safety officer benefits:
        Death benefits.............................................          61,000           62,000           62,000           +1,000   ...............
        Disability and education benefits..........................           9,082           16,300           16,300           +7,218   ...............
                                                                    ------------------------------------------------------------------------------------
          Subtotal.................................................          70,082           78,300           78,300           +8,218   ...............
                                                                    ------------------------------------------------------------------------------------
          Total, Office of Justice Programs........................       1,697,880        1,918,655        1,632,370          -65,510         -286,285

Community Oriented Policing Services:
    COPS Programs..................................................         494,933          669,500          231,500         -263,433         -438,000
    Salaries and expenses..........................................  ...............  ...............          24,500          +24,500          +24,500
        (By transfer)..............................................  ...............         (40,330)  ...............  ...............        (-40,330)
                                                                    ------------------------------------------------------------------------------------
          Total, COPS..............................................         494,933          709,830          256,000         -238,933         -453,830

OJP, OVW, COPS Salaries and expenses...............................         186,626   ...............  ...............        -186,626   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, State and Local Law Enforcement Activities............       2,797,102        3,083,383        2,326,613         -470,489         -756,770
                                                                    ====================================================================================
      Total, title II, Department of Justice.......................      27,389,150       28,724,339       26,907,016         -482,134       -1,817,323
          Appropriations...........................................     (27,288,084)     (28,724,339)     (26,907,016)       (-381,068)     (-1,817,323)
          Emergency appropriations.................................        (101,066)  ...............  ...............       (-101,066)  ...............
      (by transfer)................................................  ...............          63,478   ...............  ...............         -63,478
      (transfer out)...............................................  ...............         -63,478   ...............  ...............         +63,478
                                                                    ====================================================================================
                         TITLE III--SCIENCE

Office of Science and Technology Policy............................           6,647            6,650            6,000             -647             -650

           National Aeronautics and Space Administration

Science............................................................       4,935,409        5,016,800        5,100,000         +164,591          +83,200
Aeronautics........................................................         533,930          569,400          501,000          -32,930          -68,400
Space technology...................................................  ...............       1,024,200          637,000         +637,000         -387,200
Exploration........................................................       3,800,683        3,948,700        3,775,000          -25,683         -173,700
Space operations...................................................       5,497,483        4,346,900        4,285,000       -1,212,483          -61,900
Education..........................................................         145,508          138,400          138,400           -7,108   ...............
Cross-agency support...............................................       3,105,177        3,192,000        3,043,073          -62,104         -148,927
Construction and environmental compliance and restoration..........         393,511          450,400          422,000          +28,489          -28,400
Office of Inspector General........................................          36,327           37,500           37,300             +973             -200
                                                                    ------------------------------------------------------------------------------------
      Total, National Aeronautics and Space Administration.........      18,448,028       18,724,300       17,938,773         -509,255         -785,527

                    National Science Foundation

Research and related activities....................................       5,496,011        6,185,540        5,375,000         -121,011         -810,540
    Defense function...............................................          67,864           68,000           68,000             +136   ...............
                                                                    ------------------------------------------------------------------------------------
      Subtotal.....................................................       5,563,875        6,253,540        5,443,000         -120,875         -810,540

Major research equipment and facilities construction...............         117,055          224,680          117,055   ...............        -107,625
Education and human resources......................................         861,034          911,200          829,000          -32,034          -82,200
Agency operations and award management.............................         299,400          357,740          290,400           -9,000          -67,340
Office of the National Science Board...............................           4,531            4,840            4,440              -91             -400
Office of Inspector General........................................          13,972           15,000           14,200             +228             -800
                                                                    ------------------------------------------------------------------------------------
      Total, National Science Foundation...........................       6,859,867        7,767,000        6,698,095         -161,772       -1,068,905
                                                                    ====================================================================================
      Total, title III, Science....................................      25,314,542       26,497,950       24,642,868         -671,674       -1,855,082
                                                                    ====================================================================================
                     TITLE IV--RELATED AGENCIES

                     Commission on Civil Rights

Salaries and expenses..............................................           9,381            9,429            9,193             -188             -236

              Equal Employment Opportunity Commission

Salaries and expenses..............................................         366,568          385,520          329,837          -36,731          -55,683
State and Local Assistance.........................................  ...............  ...............          29,400          +29,400          +29,400
                                                                    ------------------------------------------------------------------------------------
      Total, Equal Employment Opportunity Commission...............         366,568          385,520          359,237           -7,331          -26,283

                   International Trade Commission

Salaries and expenses..............................................          81,696           87,000           80,062           -1,634           -6,938

             Payment to the Legal Services Corporation

Salaries and expenses..............................................         404,190          450,000          396,106           -8,084          -53,894

                      Marine Mammal Commission

Salaries and expenses..............................................           3,243            3,025            3,025             -218   ...............

              Office of the U.S. Trade Representative

Salaries and expenses..............................................          47,730           51,251           46,775             -955           -4,476

                      State Justice Institute

Salaries and expenses..............................................           5,121            5,131            5,019             -102             -112

 Commission On Wartime Relocation and Internment of Latin Americans
                        of Japanese Descent

Salaries and expenses..............................................  ...............  ...............           1,700           +1,700           +1,700
                                                                    ====================================================================================
      Total, title IV, Related Agencies............................         917,929          991,356          901,117          -16,812          -90,239
                                                                    ====================================================================================
                        TITLE V--RESCISSIONS

Emergency steel, oil gas guarantees prgm (rescission)..............         -48,000          -43,064   ...............         +48,000          +43,064
NTIA, Information Infrastructure grants (rescission)...............  ...............          -2,000           -2,000           -2,000   ...............
NTIA, Public telecommunications facilities, planning and             ...............  ...............  ...............  ...............  ...............
 construction......................................................
NTIA, Spectrum fund (rescission)...................................          -4,800   ...............  ...............          +4,800   ...............
Bureau of the Census (rescission)..................................      -1,740,000   ...............  ...............      +1,740,000   ...............
Census, Working capital fund (rescission)..........................         -50,000   ...............  ...............         +50,000   ...............
Foreign fishing observer fund (rescission).........................  ...............            -350             -350             -350   ...............
Digital TV Transition Public Safety Fund (rescission)..............  ...............          -4,300           -4,300           -4,300   ...............
DOJ, Working capital fund (rescission).............................         -26,000          -40,000          -40,000          -14,000   ...............
DOJ, Assets forfeiture fund (rescission)...........................        -495,000         -620,000         -620,000         -125,000   ...............
U.S. Marshals Service, salaries and expenses (rescission)..........  ...............          -7,200           -7,200           -7,200   ...............
FBI, Construction (rescission).....................................  ...............  ...............  ...............  ...............  ...............
DEA, Salaries and expenses (rescission)............................  ...............         -30,000          -30,000          -30,000   ...............
FPS, Buildings and facilities (rescission).........................  ...............         -35,000          -35,000          -35,000   ...............
Office of Justice programs (rescission)............................         -42,000          -42,600          -42,600             -600   ...............
Community oriented policing services (rescission)..................         -10,200          -10,200          -10,200   ...............  ...............
Violence against women prevention and prosecution programs           ...............          -5,000           -5,000           -5,000   ...............
 (rescission)......................................................
NASA (rescission)..................................................  ...............  ...............  ...............  ...............  ...............
                                                                    ====================================================================================
      Total, title V, Rescissions..................................      -2,416,000         -839,714         -796,650       +1,619,350          +43,064
                                                                    ====================================================================================
      Grand total..................................................      58,786,478       64,176,569       59,481,018         +694,540       -4,695,551
          Appropriations...........................................     (61,101,412)     (65,016,283)     (60,142,668)       (-958,744)     (-4,873,615)
          Disaster relief category.................................  ...............  ...............        (135,000)       (+135,000)       (+135,000)
          Emergency appropriations.................................        (101,066)  ...............  ...............       (-101,066)  ...............
          Rescissions..............................................     (-2,416,000)       (-839,714)       (-796,650)     (+1,619,350)        (+43,064)
      (by transfer)................................................         (77,000)        (138,678)        (118,098)        (+41,098)        (-20,580)
      (transfer out)...............................................        (-77,000)       (-138,678)       (-118,098)        (-41,098)        (+20,580)
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