S.Amdt. 875

SA 875. Mr. HATCH (for himself, Mr. Inhofe, Mr. Isakson, Mr.
Chambliss, Ms. Ayotte, Mr. Hoeven, Mr. Shelby, Mr. Moran, Mr. Nelson of
Nebraska, Mr. Johanns, Mr. Wicker, Mr. McConnell, Mr. Rubio, Mr. Risch,
Mrs. Hutchison, Mr. Johnson of Wisconsin, Mr. Roberts, Mr. Blunt, Mr.
McCain, Ms. Collins, Ms. Snowe, and Mr. Thune) submitted an amendment
intended to be proposed to amendment SA 738 proposed by Mr. Inouye to
the bill H.R. 2112, making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
programs for the fiscal year ending September 30, 2012, and for other
purposes; which was ordered to lie on the table; as follows:

[[Page S6775]]

Beginning on page 121 of the amendment, strike line 4 and
all that follows through page 186, line 19 and insert the
following:
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, not to exceed $30,000 for official
reception and representation expenses; for training of State
and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with
or without reimbursement, $1,090,292,000, of which not to
exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by section 924(d)(2) of title 18,
United States Code; and of which not to exceed $20,000,000
shall remain available until expended:  Provided,That no
funds appropriated herein or hereafter shall be available for
salaries or administrative expenses in connection with
consolidating or centralizing, within the Department of
Justice, the records, or any portion thereof, of acquisition
and disposition of firearms maintained by Federal firearms
licensees:  Provided further, That no funds appropriated
herein or hereafter shall be used to pay administrative
expenses or the compensation of any officer or employee of
the United States to implement an amendment or amendments to
27 CFR 478.118 or to change the definition of ``Curios or
relics'' in 27 CFR 478.11 or remove any item from ATF
Publication 5300.11 as it existed on January 1, 1994:
Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under 18 U.S.C.
925(c):  Provided further, That such funds shall be available
to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code:
Provided further, That, hereafter, no funds made available by
this or any other Act may be used to transfer the functions,
missions, or activities of the Bureau of Alcohol, Tobacco,
Firearms and Explosives to other agencies or Departments in
fiscal year 2012:  Provided further, That, beginning in
fiscal year 2012 and thereafter, no funds appropriated under
this or any other Act may be used to disclose part or all of
the contents of the Firearms Trace System database maintained
by the National Trace Center of the Bureau of Alcohol,
Tobacco, Firearms and Explosives or any information required
to be kept by licensees pursuant to section 923(g) of title
18, United States Code, or required to be reported pursuant
to paragraphs (3) and (7) of such section 923(g), except to:
(1) a Federal, State, local, or tribal law enforcement
agency, or a Federal, State, or local prosecutor; or (2) a
foreign law enforcement agency solely in connection with or
for use in a criminal investigation or prosecution; or (3) a
Federal agency for a national security or intelligence
purpose; unless such disclosure of such data to any of the
entities described in (1), (2) or (3) of this proviso would
compromise the identity of any undercover law enforcement
officer or confidential informant, or interfere with any case
under investigation; and no person or entity described in
(1), (2) or (3) shall knowingly and publicly disclose such
data; and all such data shall be immune from legal process,
shall not be subject to subpoena or other discovery, shall be
inadmissible in evidence, and shall not be used, relied on,
or disclosed in any manner, nor shall testimony or other
evidence be permitted based on the data, in a civil action in
any State (including the District of Columbia) or Federal
court or in an administrative proceeding other than a
proceeding commenced by the Bureau of Alcohol, Tobacco,
Firearms and Explosives to enforce the provisions of chapter
44 of such title, or a review of such an action or
proceeding; except that this proviso shall not be construed
to prevent: (A) the disclosure of statistical information
concerning total production, importation, and exportation by
each licensed importer (as defined in section 921(a)(9) of
such title) and licensed manufacturer (as defined in section
921(a)(10) of such title); (B) the sharing or exchange of
such information among and between Federal, State, local, or
foreign law enforcement agencies, Federal, State, or local
prosecutors, and Federal national security, intelligence, or
counterterrorism officials; or (C) the publication of annual
statistical reports on products regulated by the Bureau of
Alcohol, Tobacco, Firearms and Explosives, including total
production, importation, and exportation by each licensed
importer (as so defined) and licensed manufacturer (as so
defined), or statistical aggregate data regarding firearms
traffickers and trafficking channels, or firearms misuse,
felons, and trafficking investigations:  Provided further,
That, hereafter, no funds made available by this or any other
Act shall be expended to promulgate or implement any rule
requiring a physical inventory of any business licensed under
section 923 of title 18, United States Code:  Provided
further, That, hereafter, no funds under this Act may be used
to electronically retrieve information gathered pursuant to
18 U.S.C. 923(g)(4) by name or any personal identification
code:  Provided further, That, hereafter, no funds authorized
or made available under this or any other Act may be used to
deny any application for a license under section 923 of title
18, United States Code, or renewal of such a license due to a
lack of business activity, provided that the applicant is
otherwise eligible to receive such a license, and is eligible
to report business income or to claim an income tax deduction
for business expenses under the Internal Revenue Code of
1986.

Federal Prison System

salaries and expenses

For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, including purchase (not to
exceed 835, of which 808 are for replacement only) and hire
of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections
related issues to foreign governments, $6,589,781,000:
Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as
may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal
penal and correctional institutions:  Provided further, That
the Director of the Federal Prison System, where necessary,
may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal Prison System:  Provided further,
That not to exceed $4,500 shall be available for official
reception and representation expenses:  Provided further,
That not to exceed $50,000,000 shall remain available for
necessary operations until September 30, 2013:  Provided
further, That, of the amounts provided for contract
confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and
security in the United States of Cuban and Haitian entrants:
Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to
the operation of the prison card program from a not-for-
profit entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.

buildings and facilities

For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $90,000,000, to remain available until expended, of
which not less than $66,965,000 shall be available only for
modernization, maintenance and repair, and of which not to
exceed $14,000,000 shall be available to construct areas for
inmate work programs:  Provided, That labor of United States
prisoners may be used for work performed under this
appropriation:  Provided further, That none of the funds
provided under this heading in this or any prior Act shall be
available for the acquisition of any facility that is to be
used wholly or in part for the incarceration or detention of
any individual detained at Naval Station, Guantanamo Bay,
Cuba, as of June 24, 2009.

federal prison industries, incorporated

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

limitation on administrative expenses, federal prison industries,
incorporated

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

State and Local Law Enforcement Activities

Office on Violence Against Women

violence against women prevention and prosecution programs

For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement

[[Page S6776]]

Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (``the 1974
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); and for related victims services, $417,663,000, to
remain available until expended:  Provided, That except as
otherwise provided by law, not to exceed 3 percent of funds
made available under this heading may be used for expenses
related to evaluation, training, and technical assistance:
Provided further, That of the amount provided--
(1) $194,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which,
notwithstanding such part T, $10,000,000 shall be available
for programs relating to children exposed to violence;
(2) $25,000,000 is for transitional housing assistance
grants for victims of domestic violence, stalking or sexual
assault as authorized by section 40299 of the 1994 Act;
(3) $3,000,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women;
(4) $10,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the
programs authorized by sections 41201, 41204, 41303 and 41305
of the 1994 Act shall be available for this program:
Provided further, That 10 percent of the total amount
available for this grant program shall be available for
grants under the program authorized by section 2015 of the
1968 Act;
(5) $45,913,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $5,000,000
is for a homicide initiative;
(6) $25,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $34,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $9,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $45,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $4,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(11) $11,250,000 is for the safe havens for children
program, as authorized by section 1301 of the 2000 Act;
(12) $5,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $4,000,000 is for the court training and improvements
program, as authorized by section 41002 of the 1994 Act, of
which $1,000,000 is to be used for a family court initiative;
(14) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(15) $1,000,000 is for analysis and research on violence
against Indian women, as authorized by section 904 of the
2005 Act; and
(16) $500,000 is for the Office on Violence Against Women
to establish a national clearinghouse that provides training
and technical assistance on issues relating to sexual assault
of American Indian and Alaska Native women.

salaries and expenses

For necessary expenses, not elsewhere specified in this
title, for management and administration of programs within
the Office on Violence Against Women, $20,580,000.

Office of Justice Programs

research, evaluation, and statistics

(including transfer of funds)

For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act)''; the Juvenile
Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771
et seq.); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law
108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Victims of Child Abuse Act of 1990 (Public Law
101-647); the Second Chance Act of 2007 (Public Law 110-199);
the Victims of Crime Act of 1984 (Public Law 98-473); the
Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our
Children Act of 2008 (Public Law 110-401); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); and other programs;
$121,000,000, to remain available until expended, of which--
(1) $45,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act, of which $36,000,000 is for the
administration and redesign of the National Crime
Victimization Survey;
(2) $40,000,000 is for research, development, and
evaluation programs, and other activities as authorized by
part B of title I of the 1968 Act and subtitle D of title II
of the 2002 Act:  Provided, That of the amounts provided
under this heading, $5,000,000 is transferred directly to the
National Institute of Standards and Technology's Office of
Law Enforcement Standards from the National Institute of
Justice for research, testing and evaluation programs;
(3) $1,000,000 is for an evaluation clearinghouse program;
and
(4) $35,000,000 is for regional information sharing
activities, as authorized by part M of title I of the 1968
Act.

state and local law enforcement assistance

(including transfer of funds)

For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); the NICS Improvement
Amendments Act of 2007 (Public Law 110-180); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the Second Chance Act of 2007
(Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public
Law 110-403); the Victims of Crime Act of 1984 (Public Law
98-473); the Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2008 (Public
Law 110-416); and other programs; $1,063,498,000, to remain
available until expended as follows--
(1) $395,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
title I of the 1968 Act shall not apply for purposes of this
Act); and, notwithstanding such subpart 1, to support
innovative, place-based, evidence-based approaches to
fighting crime and improving public safety, of which
$3,000,000 is for a program to improve State and local law
enforcement intelligence capabilities including antiterrorism
training and training to ensure that constitutional rights,
civil liberties, civil rights, and privacy interests are
protected throughout the intelligence process, $4,000,000 is
for a State and local assistance help desk and diagnostic
center program, $5,000,000 is for a program to improve State,
local and tribal probation supervision efforts and
strategies, and $3,000,000 is for a Preventing Violence
Against Law Enforcement Officer Resilience and Survivability
Initiative (VALOR):  Provided, That funds made available
under this heading may be used at the discretion of the
Assistant Attorney General for the Office of Justice Programs
to train Federal law enforcement under the VALOR Officer
Safety Training Initiative;
(2) $273,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):
Provided, That no jurisdiction shall request compensation for
any cost greater than the actual cost for Federal immigration
and other detainees housed in State and local detention
facilities;
(3) $20,000,000 for the Northern and Southwest Border
Prosecutor Initiatives to reimburse State, county, parish,
tribal or municipal governments for costs associated with the
prosecution of criminal cases declined by local offices of
the United States Attorneys;
(4) $21,000,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime
(other than compensation);
(5) $10,500,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386 and for programs authorized under Public Law 109-164:
Provided, That no less than $4,690,000 shall be for victim
services grants for foreign national victims of trafficking;
(6) $35,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(7) $9,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);

[[Page S6777]]

(8) $10,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(9) $4,000,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405;
(10) $10,000,000 for economic, high technology and Internet
crime prevention grants, as authorized by section 401 of
Public Law 110-403;
(11) $5,000,000 for a student loan repayment assistance
program pursuant to section 952 of Public Law 110-315;
(12) $23,000,000 for activities, including sex offender
management assistance, authorized by the Adam Walsh Act and
the Violent Crime Control Act of 1994 (Public Law 103-322);
(13) $10,000,000 for an initiative relating to children
exposed to violence;
(14) $20,000,000 for an Edward Byrne Memorial criminal
justice innovation program;
(15) $24,850,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act:  Provided, That $1,500,000 is
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards for
research, testing and evaluation programs;
(16) $1,000,000 for the National Sex Offender Public Web
site;
(17) $10,000,000 for competitive and evidence-based
programs to reduce gun crime and gang violence;
(18) $10,000,000 for grants to assist State and tribal
governments as authorized by the NICS Improvement Amendments
Act of 2007 (Public Law 110-180);
(19) $8,000,000 for the National Criminal History
Improvement Program for grants to upgrade criminal records;
(20) $15,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(21) $131,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $123,000,000 is for the purposes of DNA analysis and
DNA capacity enhancement as defined in the DNA Analysis
Backlog Elimination Act of 2000 (the Debbie Smith DNA Backlog
Grant Program), of which not less than $85,500,000 is to be
used for grants to crime laboratories for purposes under 42
U.S.C. 14135, section (a); not less than $11,000,000 is to be
used for the purposes of the Solving Cold Cases with DNA
Grant Program; not less than $11,000,000 is to be used to
audit and report on the extent of the backlog; and the
remainder of funds appropriated under this paragraph may be
used to support training programs specific to the needs of
DNA laboratory personnel, and for programs outlined in
sections 303, 304, 305 and 308 of Public Law 108-405;
(B) $4,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Program (Public Law
108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
Grants as authorized by section 304 of Public Law 108-405.
(22) $2,500,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(23) $1,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act; and
(24) $3,000,000 for grants and technical assistance in
support of the National Forum on Youth Violence Prevention:

Provided,  That if a unit of local government uses any of
the funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform non-administrative public
sector safety service.

juvenile justice programs

For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771
et seq.); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law
108-21); the Victims of Child Abuse Act of 1990 (Public Law
101-647) (``the 1990 Act''); the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the PROTECT Our Children Act of 2008 (Public Law 110-
401); and other juvenile justice programs, $251,000,000, to
remain available until expended as follows--
(1) $45,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, non-profit organizations with the Federal
grants process;
(2) $55,000,000 for youth mentoring grants;
(3) $33,000,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to
sections 261 and 262 thereof--
(A) $15,000,000 shall be for the Tribal Youth Program;
(B) $8,000,000 shall be for gang and youth violence
education, prevention and intervention, and related
activities; and
(C) $10,000,000 shall be for programs and activities to
enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of
alcoholic beverages by minors, for prevention and reduction
of consumption of alcoholic beverages by minors, and for
technical assistance and training;
(4) $20,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $30,000,000 for the Juvenile Accountability Block
Grants program as authorized by part R of title I of the 1968
Act and Guam shall be considered a State;
(6) $8,000,000 for community-based violence prevention
initiatives; and
(7) $60,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and
405(a) of the 1974 Act:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of each amount
may be used for training and technical assistance:  Provided
further, That the previous two provisos shall not apply to
grants and projects authorized by sections 261 and 262 of the
1974 Act.

salaries and expenses

For necessary expenses, not elsewhere specified in this
title, for management and administration of programs within
the Office of Justice Programs, $118,572,000.

public safety officer benefits

For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs, which amounts shall be paid
to the ``Salaries and Expenses'' account), to remain
available until expended; and $16,300,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain
available until expended:  Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional
funding for such disability and education payments, the
Attorney General may transfer such amounts to ``Public Safety
Officer Benefits'' from available appropriations for the
current fiscal year for the Department of Justice as may be
necessary to respond to such circumstances:  Provided
further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.

Community Oriented Policing Services

community oriented policing services programs

(including transfers of funds)

For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); and the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''), $231,500,000, to remain available until
expended:  Provided, That any balances made available through
prior year deobligations shall only be available in
accordance with section 505 of this Act. Of the amount
provided:
(1) $1,500,000 is for research, testing, and evaluation
programs regarding law enforcement technologies and
interoperable communications, and related law enforcement and
public safety equipment, which shall be transferred directly
to the National Institute of Standards and Technology's
Office of Law Enforcement Standards from the Community
Oriented Policing Services Office;
(2) $10,000,000 is for anti-methamphetamine-related
activities, which shall be transferred to the Drug
Enforcement Administration upon enactment of this Act;
(3) $20,000,000 is for improving tribal law enforcement,
including hiring, equipment, training, and anti-
methamphetamine activities; and
(4) $200,000,000 is for grants under section 1701 of title
I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section:  Provided, That notwithstanding subsection (g) of
the 1968 Act (42 U.S.C. 3796dd), the Federal share of the
costs of a project funded by such grants may not exceed 75
percent unless the Director of the Office of Community
Oriented Policing Services waives, wholly or in part, the
requirement of a non-Federal contribution to the costs of a
project:  Provided further, That notwithstanding 42 U.S.C.
3796dd-3(c), funding for hiring or rehiring a career law
enforcement officer may not exceed $125,000, unless the
Director of the Office of Community Oriented Policing
Services grants a waiver from this limitation:  Provided
further, That within the amounts appropriated, $28,000,000
shall be used for the hiring and rehiring of tribal law
enforcement officers:  Provided further, That within the
amounts appropriated, $10,000,000 is for community policing
development activities.

salaries and expenses

For necessary expenses, not elsewhere specified in this
title, for management and administration of programs within
the Community Oriented Policing Services Office, $24,500,000.

General Provisions--Department of Justice

Sec. 201.  In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of

[[Page S6778]]

not to exceed $50,000 from funds appropriated to the
Department of Justice in this title shall be available to the
Attorney General for official reception and representation
expenses.
Sec. 202.  None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape:  Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 203.  None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204.  Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility:  Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205.  Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers:  Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 206.  The Attorney General is authorized to extend
through September 30, 2013, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of
2002, Public Law 107-296 (28 U.S.C. 599B) without limitation
on the number of employees or the positions covered.
Sec. 207.  Notwithstanding any other provision of law,
Public Law 102-395 section 102(b) shall extend to the Bureau
of Alcohol, Tobacco, Firearms and Explosives in the conduct
of undercover investigative operations and shall apply
without fiscal year limitation with respect to any undercover
investigative operation by the Bureau of Alcohol, Tobacco,
Firearms and Explosives that is necessary for the detection
and prosecution of crimes against the United States.
Sec. 208.  None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, to rent or purchase videocassettes, videocassette
recorders, or other audiovisual or electronic equipment used
primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic
equipment for inmate training, religious, or educational
programs.
Sec. 210.  None of the funds made available under this
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board
certify to the Committees on Appropriations that the
information technology program has appropriate program
management and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 211.  The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and accompanying statement, and to any use of deobligated
balances of funds provided under this title in previous
years.
Sec. 212.  None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 213.  Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of 28 U.S.C. 545.
Sec. 214.  At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available
(or authorized to be made available) by law, with respect to
funds appropriated by this Act under the headings for
``Research Evaluation and Statistics'', ``State and Local Law
Enforcement Assistance'', and ``Juvenile Justice Programs''--
(1) Up to 3 percent of funds made available for grant or
reimbursement programs may be used to provide training and
technical assistance;
(2) Up to 3 percent of funds made available for grant or
reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation,
or statistical programs administered by the National
Institute of Justice and the Bureau of Justice Statistics,
shall be transferred to and merged with funds provided to the
National Institute of Justice and the Bureau of Justice
Statistics, to be used by them for research, evaluation or
statistical purposes, without regard to the authorizations
for such grant or reimbursement programs, and of such
amounts, $1,300,000 shall be transferred to the Bureau of
Prisons for Federal inmate research and evaluation purposes;
and
(3) 7 percent of funds made available for grant or
reimbursement programs:
(A) under the heading ``State and Local Law Enforcement
Assistance''; or
(B) under the headings ``Research, Evaluation and
Statistics'' and ``Juvenile Justice Programs'', to be
transferred to and merged with funds made available under the
heading ``State and Local Law Enforcement Assistance'', shall
be available for tribal criminal justice assistance without
regard to the authorizations for such grant or reimbursement
programs.
Sec. 215.  Notwithstanding any other provision of law,
section 20109(a), in subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13709(a)), shall not apply to amounts made available by this
title.
Sec. 216.  Section 530A of title 28, United States Code, is
hereby amended by replacing ``appropriated'' with ``used from
appropriations'', and by inserting ``(2),'' before ``(3)''.
Sec. 217. (a) Within 30 days of enactment of this Act, the
Attorney General shall report to the Committees on
Appropriations of the House of Representatives and the Senate
a cost and schedule estimate for the final operating
capability of the Federal Bureau of Investigation's Sentinel
program, including the costs of Bureau employees engaged in
development work, the costs of operating and maintaining
Sentinel for 2 years after achievement of the final operating
capability, and a detailed list of the functionalities
included in the final operating capability compared to the
functionalities included in the previous program baseline.
(b) The report described in subsection (a) shall be
submitted concurrently to the Department of Justice Office of
Inspector General (OIG) and, within 60 days of receiving such
report, the OIG shall provide an assessment of such report to
the Committees on Appropriations of the House of
Representatives and the Senate.
This title may be cited as the ``Department of Justice
Appropriations Act, 2012''.

TITLE III

SCIENCE

Office of Science and Technology Policy

For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of
passenger motor vehicles, and services as authorized by 5
U.S.C. 3109, not to exceed $2,100 for official reception and
representation expenses, and rental of conference rooms in
the District of Columbia, $6,000,000.

National Aeronautics and Space Administration

science

For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance, and operation of mission and
administrative aircraft, $5,100,000,000, to remain available
until September 30, 2013, of which up to $10,000,000 shall be
available for a reimbursable agreement with the Department of
Energy for the purpose of re-establishing facilities to
produce fuel required for radio-isotope thermoelectric
generators to enable future missions:  Provided, That the
development cost (as defined under 51 U.S.C. 30104) for the
James Webb Space Telescope shall not exceed $8,000,000,000:
Provided further, That should the individual identified under
subparagraph (c)(2)(E) of section 30104 of title 51 as
responsible for the James Webb Space Telescope determine that
the development cost of the program is likely to exceed that
limitation, the individual shall immediately notify the
Administrator and the increase shall be treated as if it
meets the 30 percent threshold described in subsection (f) of
section 30104 of title 51.

aeronautics

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

[[Page S6779]]

purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $501,000,000, to remain
available until September 30, 2013.

space technology

For necessary expenses, not otherwise provided for, in the
conduct and support of space research and technology
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $637,000,000, to remain
available until September 30, 2013.

exploration

For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management, personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance, and operation of mission and
administrative aircraft, $3,775,000,000, to remain available
until September 30, 2013:  Provided, That not less than
$1,200,000,000 shall be for the Orion multipurpose crew
vehicle, not less than $1,800,000,000 shall be for the heavy
lift launch vehicle system which shall have a lift capacity
not less than 130 tons and which shall have an upper stage
and other core elements developed simultaneously,
$500,000,000 shall be for commercial spaceflight activities,
and $275,000,000 shall be for exploration research and
development:  Provided further, That $192,600,000 of the
funds provided for commercial spaceflight activities shall
only be available after the NASA Administrator certifies to
the Committees on Appropriations, in writing, that NASA has
published the required notifications of NASA contract actions
implementing the acquisition strategy for the heavy lift
launch vehicle system identified in section 302 of Public Law
111-267 and has begun to execute relevant contract actions in
support of development of the heavy lift launch vehicle
system:  Provided further, That funds made available under
this heading within this Act may be transferred to
``Construction and Environmental Compliance and Restoration''
for construction activities related to the Orion multipurpose
crew vehicle and the heavy lift launch vehicle system:
Provided further, That funds so transferred shall be subject
to the 5 percent but shall not be subject to the 10 percent
transfer limitation described under the Administrative
Provisions in this Act for the National Aeronautics and Space
Administration, shall be available until September 30, 2017,
and shall be treated as a reprogramming under section 505 of
this Act.

space operations

For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control and communications activities including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance and operation of mission and
administrative aircraft, $4,285,000,000, to remain available
until September 30, 2013:  Provided, That of the amounts
provided under this heading, not more than $650,900,000 shall
be for Space Shuttle operations, production, research,
development, and support, not more than $2,803,500,000 shall
be for International Space Station operations, production,
research, development, and support, not more than
$168,000,000 shall be for the 21st Century Launch Complex,
and not more than $662,600,000 shall be for Space and Flight
Support:  Provided further, That funds made available under
this heading for 21st Century Launch Complex may be
transferred to ``Construction and Environmental Compliance
and Restoration'' for construction activities only at NASA-
owned facilities:  Provided further, That funds so
transferred shall not be subject to the transfer limitations
described in the Administrative Provisions in this Act for
the National Aeronautics and Space Administration, shall be
available until September 30, 2017, and shall be treated as a
reprogramming under section 505 of this Act.

education

For necessary expenses, not otherwise provided for, in
carrying out aerospace and aeronautical education research
and development activities, including research, development,
operations, support, and services; program management;
personnel and related costs, uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses;
purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $138,400,000, to remain available
until September 30, 2013.

cross agency support

For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, exploration,
space operations and education research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; not to exceed $52,500
for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $3,043,073,000:
Provided, That not less than $39,100,000 shall be available
for independent verification and validation activities:
Provided further, That contracts may be entered into under
this heading in fiscal year 2012 for maintenance and
operation of facilities, and for other services, to be
provided during the next fiscal year.

construction and environmental compliance and restoration

For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities
and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of
real property, as authorized by law, and environmental
compliance and restoration, $422,000,000, to remain available
until September 30, 2017:  Provided, That hereafter,
notwithstanding section 315 of the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2459j), all proceeds from leases
entered into under that section shall be deposited into this
account and shall be available for a period of 5 years, to
the extent provided in annual appropriations Acts:  Provided
further, That such proceeds shall be available for obligation
for fiscal year 2012 in an amount not to exceed $3,960,000:
Provided further, That each annual budget request shall
include an annual estimate of gross receipts and collections
and proposed use of all funds collected pursuant to section
315 of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2459j).

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$37,300,000.

administrative provisions

Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Balances so
transferred shall be merged with and available for the same
purposes and the same time period as the appropriations to
which transferred. Any transfer pursuant to this provision
shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation
except in compliance with the procedures set forth in that
section.
The unexpired balances of previous accounts, for activities
for which funds are provided under this Act, may be
transferred to the new accounts established in this Act that
provide such activity. Balances so transferred shall be
merged with the funds in the newly established accounts, but
shall be available under the same terms, conditions and
period of time as previously appropriated.
Section 40902 of title 51, United States Code, is amended
by adding at the end the following:
``(d) Availability of Funds.--The interest accruing from
the National Aeronautics and Space Administration Endeavor
Teacher Fellowship Trust Fund principal shall be available in
fiscal year 2012 for the purpose of the Endeavor Science
Teacher Certificate Program.''.
Section 20145(b)(1) of title 51 is amended by inserting
``(A)'' before ``A person'' and adding at the end thereof the
following new subparagraph (B) as follows:
``(B) Notwithstanding subparagraph (A), the Administrator
may accept in-kind consideration for leases entered into for
the purpose of developing renewable energy production
facilities.''.
The spending plan required by section 540 of this Act shall
be provided by NASA at the theme, program, project and
activity level. The spending plan, as well as any subsequent
change of an amount established in that spending plan that
meets the notification requirements of section 505 of this
Act, shall be treated as a reprogramming under section 505 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.

National Science Foundation

research and related activities

For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42

[[Page S6780]]

U.S.C. 1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $5,443,000,000, to remain available until
September 30, 2013, of which not to exceed $550,000,000 shall
remain available until expended for polar research and
operations support, and for reimbursement to other Federal
agencies for operational and science support and logistical
and other related activities for the United States Antarctic
program:  Provided, That receipts for scientific support
services and materials furnished by the National Research
Centers and other National Science Foundation supported
research facilities may be credited to this appropriation:
Provided further, That not less than $146,830,000 shall be
available for activities authorized by section
7002(c)(2)(A)(iv) of Public Law 110-69:  Provided further,
That up to $100,000,000 of funds made available under this
heading within this Act may be transferred to ``Major
Research Equipment and Facilities Construction'':  Provided
further, That funds so transferred shall not be subject to
the transfer limitations described in the Administrative
Provisions in this Act for the National Science Foundation,
and shall be available until expended only after notification
of such transfer to the Committees on Appropriations.

major research equipment and facilities construction

For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875), including authorized travel, $117,055,000,
to remain available until expended:  Provided, That none of
the funds may be used to reimburse the Judgment Fund.

education and human resources

For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $829,000,000,
to remain available until September 30, 2013:  Provided, That
not less than $54,890,000 shall be available until expended
for activities authorized by section 7030 of Public Law 110-
69.

agency operations and award management

For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1861-1875); services authorized by 5
U.S.C. 3109; hire of passenger motor vehicles; not to exceed
$6,900 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of
Columbia; and reimbursement of the Department of Homeland
Security for security guard services; $290,400,000:
Provided, That contracts may be entered into under this
heading in fiscal year 2012 for maintenance and operation of
facilities, and for other services, to be provided during the
next fiscal year.

office of the national science board

For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C.
1880 et seq.), $4,440,000:  Provided, That not to exceed
$2,100 shall be available for official reception and
representation expenses.

office of inspector general

For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as
amended, $14,200,000.

administrative provision

Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science
Foundation in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers. Any transfer
pursuant to this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the
procedures set forth in that section.
This title may be cited as the ``Science Appropriations
Act, 2012''.

TITLE IV

RELATED AGENCIES

Commission on Civil Rights

salaries and expenses

(including transfer of funds)

For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,193,000:
Provided, That none of the funds appropriated in this
paragraph shall be used to employ in excess of four full-time
individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this
paragraph shall be used to reimburse Commissioners for more
than 75 billable days, with the exception of the chairperson,
who is permitted 125 billable days:  Provided further, That
none of the funds appropriated in this paragraph shall be
used for any activity or expense that is not explicitly
authorized by 42 U.S.C. 1975a:  Provided further, That there
shall be an Inspector General at the Commission on Civil
Rights who shall have the duties, responsibilities, and
authorities specified in the Inspector General Act of 1978,
as amended:  Provided further, That an individual appointed
to the position of Inspector General of the Equal Employment
Opportunity Commission (EEOC) shall, by virtue of such
appointment, also hold the position of Inspector General of
the Commission on Civil Rights:  Provided further, That the
Inspector General of the Commission on Civil Rights shall
utilize personnel of the Office of Inspector General of EEOC
in performing the duties of the Inspector General of the
Commission on Civil Rights, and shall not appoint any
individuals to positions within the Commission on Civil
Rights:  Provided further, That of the amounts made available
in this paragraph, $800,000 shall be transferred directly to
the Office of Inspector General of EEOC upon enactment of
this Act for salaries and expenses necessary to carry out the
duties of the Inspector General of the Commission on Civil
Rights.

Equal Employment Opportunity Commission

salaries and expenses

For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, the Civil Rights Act of 1991, the Genetic
Information Non-Discrimination Act (GINA) of 2008 (Public Law
110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public
Law 111-2), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and nonmonetary awards to private citizens,
$329,837,000:  Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $1,875 from available funds:  Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations have been
notified of such proposals, in accordance with the
reprogramming requirements of section 505 of this Act:
Provided further, That the Chair is authorized to accept and
use any gift or donation to carry out the work of the
Commission.

state and local law enforcement assistance

For payments to State and local enforcement agencies for
authorized services to the Commission, $29,400,000.

International Trade Commission

salaries and expenses

For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$1,875 for official reception and representation expenses,
$80,062,000, to remain available until expended.

Legal Services Corporation

payment to the legal services corporation

For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$396,106,000, of which $370,506,000 is for basic field
programs and required independent audits; $4,200,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $17,000,000 is for management and grants
oversight; $3,400,000 is for client self-help and information
technology; and $1,000,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no
greater than that provided by the Federal Government to
Washington, DC-based employees as authorized by 5 U.S.C.
5304, notwithstanding section 1005(d) of the Legal Services
Corporation Act, 42 U.S.C. 2996(d):  Provided further, That
the authorities provided in section 205 of this Act shall be
applicable to the Legal Services Corporation.

administrative provision--legal services corporation

None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2011 and 2012, respectively.
Section 504 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1996 (as contained in Public Law 104-134) is amended:
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting after ``)'' the following: ``that uses
Federal funds (or funds from any source with regard to
paragraphs (14) and (15) in a manner'';

[[Page S6781]]

(2) by striking subsection (d); and
(3) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.

Marine Mammal Commission

salaries and expenses

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

Office of the United States Trade Representative

salaries and expenses

For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $46,775,000, of which $1,000,000
shall remain available until expended:  Provided, That not to
exceed $93,000 shall be available for official reception and
representation expenses.

State Justice Institute

salaries and expenses

For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1984 (42 U.S.C. 10701 et seq.) $5,019,000, of which
$500,000 shall remain available until September 30, 2013:
Provided, That not to exceed $1,875 shall be available for
official reception and representation expenses.

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

salaries and expenses

For necessary expenses to carry out the activities of the
Commission on Wartime Relocation and Internment of Latin
Americans of Japanese Descent, as authorized by section 541
of this Act, $1,700,000 shall be available until expended.

TITLE V

GENERAL PROVISIONS

Sec. 501.  No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502.  No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503.  The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 504.  If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2012, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
the reprogramming of funds that--
(1) creates or initiates a new program, project or
activity, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds;
(2) eliminates a program, project or activity, unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted by this Act, unless the House and Senate
Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds;
(4) relocates an office or employees, unless the House and
Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds;
(5) reorganizes or renames offices, programs or activities,
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees, unless the House
and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds;
(7) proposes to use funds directed for a specific activity
by either the House or Senate Committee on Appropriations for
a different purpose, unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds;
(8) augments funds for existing programs, projects or
activities in excess of $500,000 or 10 percent, whichever is
less, or reduces by 10 percent funding for any program,
project or activity, or numbers of personnel by 10 percent as
approved by Congress, unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds; or
(9) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects or activities as approved by
Congress, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds in provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2012, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
the reprogramming of funds after August 1, except in
extraordinary circumstances, and only after the House and
Senate Committees on Appropriations are notified 30 days in
advance of such reprogramming of funds.
Sec. 506.  Hereafter, none of the funds made available in
this or any other Act may be used to implement, administer,
or enforce any guidelines of the Equal Employment Opportunity
Commission covering harassment based on religion, when it is
made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by the
Commission on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 507.  If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the
person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 508.  The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration, shall provide to the House and Senate
Committees on Appropriations a quarterly accounting of the
cumulative balances of any unobligated funds that were
received by such agency during any previous fiscal year.
Sec. 509.  Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act:  Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Sec. 510.  None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 511.  Hereafter, none of the funds appropriated
pursuant to this Act or any other provision of law may be
used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more
than 24 hours after the system advises a Federal firearms
licensee that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g) or
(n) of section 922 of title 18, United States Code, or State
law.
Sec. 512.  Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under
42 U.S.C. 10601 in any fiscal year in excess of $705,000,000
shall not be available for obligation until the following
fiscal year.
Sec. 513.  None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 514.  None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 515.  Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures
set forth in section 505 of this Act.
Sec. 516. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations of the
data.
(b) For fiscal year 2012 and thereafter, the Bureau of
Alcohol, Tobacco, Firearms and Explosives shall include in
all such data releases, language similar to the following

[[Page S6782]]

that would make clear that trace data cannot be used to draw
broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected
do not constitute a random sample and should not be
considered representative of the larger universe of all
firearms used by criminals, or any subset of that universe.
Firearms are normally traced to the first retail seller, and
sources reported for firearms traced do not necessarily
represent the sources or methods by which firearms in general
are acquired for use in crime.
Sec. 517. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation,
and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of
grants or contracts for which funds are appropriated by this
Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet
website maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall
be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by
this Act may not be used for the purpose of defraying the
costs of a banquet or conference that is not directly and
programmatically related to the purpose for which the grant
or contract was awarded, such as a banquet or conference held
in connection with planning, training, assessment, review, or
other routine purposes related to a project funded by the
grant or contract.
(d) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from the grant or contract
will be made available through a subcontract or in any other
manner to another person who has a financial interest in the
person awarded the grant or contract.
(e) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in
such subsections, consistently apply under the executive
branch ethics program to all Federal departments, agencies,
and entities.
Sec. 518.  None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on
claims directed to or encompassing a human organism.
Sec. 519.  None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 520. (a) Notwithstanding any other provision of law or
treaty, hereafter, none of the funds appropriated or
otherwise made available under this Act or any other Act may
be expended or obligated by a department, agency, or
instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the
United States in connection with requiring an export license
for the export to Canada of components, parts, accessories or
attachments for firearms listed in Category I, section 121.1
of title 22, Code of Federal Regulations (International
Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding
$500 wholesale in any transaction, provided that the
conditions of subsection (b) of this section are met by the
exporting party for such articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 521.  Notwithstanding any other provision of law,
hereafter, no department, agency, or instrumentality of the
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