(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2011 - Makes appropriations for FY2011 for the Departments of Commerce and Justice, for science-related programs, and related agencies.
Title I: Department of Commerce - Department of Commerce Appropriations Act, 2011 - Makes appropriations for the Department of Commerce for FY2011 for: (1) the International Trade Administration; (2) the Bureau of Industry and Security; (3) the Economic Development Administration; (4) the Minority Business Development Agency; (5) economic and statistical analysis programs; (6) the Bureau of the Census; (7) the National Telecommunications and Information Administration, including for administration of prior-year grants for public telecommunications facilities, planning and construction; (8) broadband technology programs; (9) the United States Patent and Trademark Office (USPTO); (10) the National Institute of Standards and Technology (NIST), including for the Hollings Manufacturing Extension Partnership, the Technology Innovation Program, and the construction of new research facilities; (11) the National Oceanic and Atmospheric Administration (NOAA) for operations, research, and procurement and acquisition and construction of capital assets; (12) restoration of Pacific salmon populations; (13) the Fishermen's Contingency Fund; (14) the Coastal Zone Management Fund; (15) the fisheries finance program account; and (16) departmental management, including for the Office of Inspector General and for the renovation and modernization of the Herbert C. Hoover Building.
(Sec. 105) Adopts provisions of the Consolidated Appropriations Act, 2008, requiring notification to Congress on the Geostationary Operational Environmental Satellite Program of NOAA.
(Sec. 109) Provides additional funding for NOAA, Bureau of Census, and for departmental management accounts to increase the Department's acquisition workforce capacity and capabilities.
(Sec. 110) Requires the Secretary of State to ensure participation in the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean and its subsidiary bodies by American Samoa, Guam, and the Northern Mariana Islands (the U.S. Participating Territories) to the same extent provided to the territories of other nations.
Title II: Department of Justice - Department of Justice Appropriations Act, 2011 - Makes appropriations for the Department of Justice (DOJ) for FY2011 for: (1) general administration; (2) the National Drug Intelligence Center; (3) information sharing technology; (4) developing and implementing a nationwide Integrated Wireless Network supporting federal law enforcement communications; (5) administration of pardon and clemency petitions and immigration-related activities; (6) the Federal Detention Trustee; (7) the Office of Inspector General; (8) the United States Parole Commission; (9) legal activities, including reimbursement from the Vaccine Injury Compensation Trust Fund for processing cases under the National Childhood Vaccine Injury Act of 1986; (10) antitrust enforcement; (11) the Offices of the United States Attorneys; (12) the United States Trustee Program; (13) the Foreign Claims Settlement Commission; (14) fees and expenses of witnesses; (15) the Community Relations Service; (16) the Assets Forfeiture Fund; (17) the United States Marshals Service, including for courthouse security equipment and construction of prisoner holding areas; (18) the National Security Division; (19) interagency crime and drug enforcement; (20) the Federal Bureau of Investigation (FBI); (21) the Drug Enforcement Administration (DEA); (22) the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); (23) the federal prison system, including for the construction of new buildings and facilities and for the Federal Prison Industries, Incorporated (subject to certain limitations on administrative expenses); (24) the Office on Violence Against Women for violence against women prevention and prosecution programs; and (25) the Office of Justice Programs, including state and local law enforcement assistance, juvenile justice programs, public safety officers benefits, and community-oriented policing services.
(Sec. 202) Prohibits the use of funds appropriated by this title to: (1) 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; or (2) require any person to perform or facilitate an abortion.
(Sec. 204) Reaffirms the obligation of the Director of the Bureau of Prisons to provide escort services for female inmates to receive abortions outside a federal facility.
(Sec. 206) Authorizes the Attorney General to extend through FY2012 the Personnel Management Demonstration Project without limitation on the number of employees or positions covered.
(Sec. 207) Extends certain authorities for FBI and DEA undercover investigative operations to ATF.
(Sec. 208) Prohibits: (1) funding to transport a maximum or high security prisoner other than to a prison or facility certified by the Bureau of Prisons as appropriately secure; (2) federal prisons from purchasing cable television services or equipment for use primarily for recreational purposes (allows such services or equipment for inmate training or for religious or educational programs); (3) the obligation or expenditure of funds for Sentinel, or for any other major new or enhanced information technology program with estimated development costs over $100 million, without certification to the House and Senate Committees on Appropriations that appropriate management and oversight mechanisms are in place and that such programs are compatible with DOJ enterprise architecture; (4) the use of funds for public-private competitions under Office of Management and Budget (OMB) Circular A-76 for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated; (5) funding for United States attorneys who are assigned dual or additional responsibilities by the Attorney General that exempt such attorneys from applicable residency requirements; and (6) funding for future phases of the FBI's Sentinel program until the Attorney General certifies to the House and Senate Committees on Appropriations that existing phases of such program have been mostly completed under a specified performance measurement baseline.
(Sec. 215) Permits up to 3% of grant and reimbursement program funds made available to the Office of Justice Programs to be used for training and technical assistance and permits up to 3% of such funds to be transferred to the National Institute of Justice or the Bureau of Justice Statistics for research, evaluation, or statistical purposes.
(Sec. 216) Grants the Attorney General authority to waive matching fund requirements for Second Chance Act adult and juvenile reentry demonstration projects.
(Sec. 218) Repeals the prohibition against funding courts or law enforcement officers for an Alaskan tribe or village in which fewer than 25 native members live the year round or that is located within the boundaries of certain Alaskan boroughs.
Title III: Science - Science Appropriations Act, 2011 - Makes appropriations for FY2011 for: (1) the Office of Science and Technology Policy; (2) the National Aeronautics and Space Administration (NASA) for science, aeronautics, exploration, space operations (including for the Space Shuttle and International Space Station), aerospace and aeronautical education research and development activities, construction, and the Office of Inspector General; and (3) the National Science Foundation (NSF) for research, equipment and facilities construction, science and engineering education and human resources programs, the Office of the National Science Board, and the Office of Inspector General.
Title IV: Related Agencies - Makes appropriations for FY2011 for: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission (EEOC); (3) the U.S. International Trade Commission (USITC); (4) the Legal Services Corporation; (5) the Marine Mammal Commission; (6) the Office of the United States Trade Representative (USTR); and (7) the State Justice Institute.
Title V: General Provisions - (Sec. 506) Prohibits the use of funds to implement, administer, or enforce any EEOC guidelines covering harassment based on religion.
(Sec. 507) Renders any person who mislabels a product sold in or shipped to the United States as "Made in America" ineligible to receive any contract or subcontract funded by this Act.
(Sec. 510) Prohibits the use of funds to promote the sale or export of tobacco or tobacco products or to seek the removal of restrictions on marketing of such products.
(Sec. 511) Prohibits funding for the implementation of: (1) any user fee for background checks under the Brady Handgun Control Act of 1993; and (2) any background check system that does not require and result in the destruction of information submitted by an individual certified as eligible to possess or receive a firearm.
(Sec. 513) Prohibits the use of DOJ funds to discriminate against or denigrate the religious or moral beliefs of students who participate in DOJ programs or of the parents or legal guardians of such students.
(Sec. 518) Prohibits the use of funds to: (1) issue patents on claims directed to or encompassing a human organism; (2) support or justify the use of torture; (3) require licenses for exporting certain firearms to Canada; (4) deny certain import applications regarding curios or relics, firearms, parts, or ammunition; (5) include in any new bilateral or multilateral trade agreement certain language of the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement; (6) authorize a national security letter in contravention of statutes authorizing the FBI to issue national security letters; (7) purchase first class or premium airline travel in contravention of federal regulations; (8) pay for the attendance of more than 50 federal employees at any single conference outside the United States; (9) relocate the Bureau of the Census or employees from the Department of Commerce to the jurisdiction of the Executive Office of the President; and (10) maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(Sec. 526) Requires departments, agencies, and commissions funded under this Act to establish and maintain on their Internet websites direct links to their Offices of Inspector General and a mechanism for anonymously reporting waste, fraud, and abuse.
(Sec. 529) Rescinds certain unobligated funds available to DOJ, NASA, NSF, and the Bureau of the Census from prior appropriations.
(Sec. 532) Prohibits any funds from being used to release or transfer an individual who is detained, as of June 24, 2009, at Naval Station Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, Puerto Rico, or the Northern Mariana Islands.
Prohibits any such release for the purpose of detaining or prosecuting any such individual until 45 days after Congress receives from the President a plan regarding the proposed disposition that includes: (1) the risk to national security posed by the transfer; (2) costs associated with transferring an individual; (3) the legal rationale and associated court demands for transfer; (4) a plan to mitigate transfer risk; and (5) a copy of a notification to the governor of the state to which an individual will be transferred (or Mayor, with respect to the District of Columbia) with a certification by the Attorney General that the individual poses little or no security risk.
Prohibits any funds from being used to transfer or release such an individual to the country of such individual's nationality or last residence or to any country other than the United States unless the President submits to Congress, at least 15 days prior to such release or transfer: (1) the name of the individual and the country involved; (2) an assessment of the risk to U.S. national security posed by the transfer or release, as well as actions taken to mitigate such risk; and (3) the terms of any agreement with another country for the acceptance of such individual, including any financial assistance related to the agreement.
Directs the President, prior to termination of detention operations at Guantanamo Bay, to report to Congress in classified form describing the disposition or legal status of each individual detained there.
(Sec. 533) Prohibits the distribution of any funds made available under this Act to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.
(Sec. 540) Establishes the Commission on Wartime Relocation and Internment of Latin Americans of Japanese descent to investigate and determine facts and circumstances surrounding the United States' relocation, internment, and deportation to Axis countries of Latin Americans of Japanese descent from December 1941 through February 1948 and the impact of those actions by the United States.
(Sec. 541) Requires the Legal Services Corporation to comply with certain recommendations contained in specified reports and audits issued by the Government Accountability Office (GAO) and by the the Office of Inspector General for the Corporation.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3636 Placed on Calendar Senate (PCS)]
Calendar No. 479
111th CONGRESS
2d Session
S. 3636
[Report No. 111-229]
Making appropriations for the Departments of Commerce and Justice, and
Science, and Related Agencies for the fiscal year ending September 30,
2011, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2010
Ms. Mikulski, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Commerce and Justice, and
Science, and Related Agencies for the fiscal year ending September 30,
2011, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2011, and for
other purposes, namely:
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel
and transportation of employees of the International Trade
Administration between two points abroad, without regard to 49 U.S.C.
40118; employment of Americans and aliens by contract for services;
rental of space abroad for periods not exceeding 10 years, and expenses
of alteration, repair, or improvement; purchase or construction of
temporary demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph of 28
U.S.C. 2672 when such claims arise in foreign countries; not to exceed
$245,250 for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed $45,000
per vehicle; obtaining insurance on official motor vehicles; and rental
of tie lines, $533,704,000, to remain available until September 30,
2012, of which $9,439,000 is to be derived from fees to be retained and
used by the International Trade Administration, notwithstanding 31
U.S.C. 3302: Provided, That not less than $55,085,000 shall be for
Manufacturing and Services; not less than $54,753,000 shall be for
Market Access and Compliance; not less than $72,412,000 shall be for
the Import Administration; not less than $313,802,000 shall be for the
Trade Promotion and United States and Foreign Commercial Service; and
not less than $28,213,000 shall be for Executive Direction and
Administration: Provided further, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15
U.S.C. 4912); and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange Act of
1961 shall include payment for assessments for services provided as
part of these activities: Provided further, That negotiations shall be
conducted within the World Trade Organization to recognize the right of
members to distribute monies collected from antidumping and
countervailing duties: Provided further, That negotiations shall be
conducted within the World Trade Organization consistent with the
negotiating objectives contained in the Trade Act of 2002, Public Law
107-210: Provided further, That within the amounts appropriated,
$1,100,000 shall be used for the projects, and in the amounts,
specified in the report accompanying this Act.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for services
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $11,250 for official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and
purchase of passenger motor vehicles for official use and motor
vehicles for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation otherwise
established by law, $113,106,000, to remain available until expended,
of which $32,000,000 shall be for inspections and other activities
related to national security: Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, and for trade
adjustment assistance, $240,000,000, to remain available until
expended.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $40,181,000: Provided, That
these funds may be used to monitor projects approved pursuant to title
I of the Public Works Employment Act of 1976, title II of the Trade Act
of 1974, and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $32,316,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$110,000,000, to remain available until September 30, 2012.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$280,364,000.
periodic censuses and programs
For necessary expenses to collect and publish statistics for
periodic censuses and programs provided for by law, $964,059,000, to
remain available until September 30, 2012: Provided, That from amounts
provided herein, funds may be used for promotion, outreach, and
marketing activities: Provided further, That $2,000,000 shall be
transferred to the Office of Inspector General for activities
associated with carrying out investigations and audits under heading.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $21,825,000,
to remain available until September 30, 2012: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, authorized by section
392 of the Communications Act of 1934, $20,000,000, to remain available
until expended as authorized by section 391 of the Act: Provided, That
not to exceed $2,000,000 shall be available for program administration
as authorized by section 391 of the Act: Provided further, That,
notwithstanding the provisions of section 391 of the Act, the prior-
year unobligated balances may be made available for grants for projects
for which applications have been submitted and approved during any
fiscal year.
broadband technology opportunities program
administrative expenses
For the administration of grants authorized by section 6001 of the
American Recovery and Reinvestment Act of 2009 and section 106 of the
Broadband Data Improvement Act and for the development and maintenance
of the national broadband map authorized by section 6001 of the
American Recovery and Reinvestment Act of 2009, $16,000,000, to remain
available until expended: Provided, That $1,000,000 shall be
transferred to the Office of Inspector General for activities
associated with carrying out investigations and audits under this
heading.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark Office,
$2,321,724,000, to remain available until expended: Provided, That the
sum herein appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15 U.S.C.
1113 and 35 U.S.C. 41 and 376 are received during fiscal year 2011, so
as to result in a fiscal year 2011 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year 2011, should
the total amount of offsetting fee collections and the surcharge
provided herein be less than $2,321,724,000, this amount shall be
reduced accordingly: Provided further, That any amount received in
excess of $2,321,724,000 in fiscal year 2011, in an amount up to
$100,000,000, shall remain available until expended: Provided further,
That from amounts provided herein, not to exceed $750 shall be made
available in fiscal year 2011 for official reception and representation
expenses: Provided further, That in fiscal year 2011 from the amounts
made available for ``Salaries and Expenses'' for the USPTO, the amounts
necessary to pay: (1) the difference between the percentage of basic
pay contributed by the USPTO and employees under section 8334(a) of
title 5, United States Code, and the normal cost percentage (as defined
by section 8331(17) of that title) of basic pay, of employees subject
to subchapter III of chapter 83 of that title; and (2) the present
value of the otherwise unfunded accruing costs, as determined by the
Office of Personnel Management, of post-retirement life insurance and
post-retirement health benefits coverage for all USPTO employees, shall
be transferred to the Civil Service Retirement and Disability Fund, the
Employees Life Insurance Fund, and the Employees Health Benefits Fund,
as appropriate, and shall be available for the authorized purposes of
those accounts: Provided further, That sections 801, 802, and 803 of
division B, Public Law 108-447 shall remain in effect during fiscal
year 2011: Provided further, That the Director may, this year, reduce
by regulation fees payable for documents in patent and trademark
matters, in connection with the filing of documents filed
electronically in a form prescribed by the Director: Provided further,
That there shall be a surcharge of 15 percent, rounded by standard
arithmetic rules, on fees charged or authorized by sections 41(a), (b),
(d) (1) and 132(b) of title 35, United States Code, as administered
under Public Law 108-447 and this Act: Provided further, That the
surcharge established under the previous proviso shall be separate
from, and in addition to, to any other surcharge that may be required
pursuant to any provision of title 35, United States Code: Provided
further, That the surcharge established in the previous two provisions
shall take effect on the date that is 10 days after the date of
enactment of this Act, and shall remain in effect during fiscal year
2011: Provided further, That the receipts collected as a result of
these surcharges shall be available within the amounts provided herein
to the United States Patent and Trademark Office without fiscal year
limitation, for all authorized activities and operations of the Office.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $584,500,000, to remain available until expended, of which
not to exceed $9,000,000 may be transferred to the ``Working Capital
Fund'': Provided, That not to exceed $5,000 shall be for official
reception and representation expenses: Provided further, That within
the amounts appropriated, $5,275,000 shall be used for the projects,
and in the amounts, specified in the report accompanying this Act.
industrial technology services
For necessary expenses of the Hollings Manufacturing Extension
Partnership of the National Institute of Standards and Technology,
$129,700,000, to remain available until expended.
In addition, for necessary expenses of the Technology Innovation
Program of the National Institute of Standards and Technology,
$69,900,000, to remain available until expended.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by 15
U.S.C. 278c-278e, $156,706,000, to remain available until expended:
Provided, That within the amounts appropriated, $48,000,000 shall be
used for the projects, and in the amounts, specified in the report
accompanying this Act: Provided further, That the Secretary of Commerce
shall include in the budget justification materials that the Secretary
submits to Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) an estimate for each National Institute
of Standards and Technology construction project having a total multi-
year program cost of more than $5,000,000 and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the five subsequent
fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or
other payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; and
relocation of facilities, $3,384,301,000, to remain available until
September 30, 2012, except for funds provided for cooperative
enforcement, which shall remain available until September 30, 2013:
Provided, That fees and donations received by the National Ocean
Service for the management of national marine sanctuaries may be
retained and used for the salaries and expenses associated with those
activities, notwithstanding 31 U.S.C. 3302: Provided further, That in
addition, $3,000,000 shall be derived by transfer from the fund
entitled ``Coastal Zone Management'' and in addition $104,600,000 shall
be derived by transfer from the fund entitled ``Promote and Develop
Fishery Products and Research Pertaining to American Fisheries'' and
$6,000,000 is derived from recoveries of prior-year obligations:
Provided further, That of the $3,497,901,000 provided for in direct
obligations under this heading $3,384,301,000 is appropriated from the
general fund, and $107,600,000 is provided by transfer: Provided
further, That the total amount available for the National Oceanic and
Atmospheric Administration corporate services administrative support
costs shall not exceed $242,763,000: Provided further, That payments of
funds made available under this heading to the Department of Commerce
Working Capital Fund including Department of Commerce General Counsel
legal services shall not exceed $41,944,000: Provided further, That
within the amounts appropriated, $69,990,000 shall be used for the
projects, and in the amounts, specified in the report accompanying this
Act: Provided further, That none of the funds within the Fisheries
Enforcement Asset Forfeiture Fund shall be available for obligation
until the Administrator of the National Oceanic and Atmospheric
Administration completes a comprehensive independent audit of the
fund's assets and related transactions, defines precisely what monies
constitute fund assets, state how the fund will comply with all
applicable laws, and receives approval from the Senate Committee on
Appropriations for its spend plan: Provided further, That the
Administrator shall identify and account for the Fisheries Enforcement
Asset Forfeiture Fund as a separate and distinct part of the agency's
annual budget submissions: Provided further, That any deviation from
the amounts designated for specific activities in the explanatory
statement accompanying this Act, or any use of deobligated balances of
funds provided under this heading in previous years, shall be subject
to the procedures set forth in section 505 of this Act: Provided
further, That in allocating grants under sections 306 and 306A of the
Coastal Zone Management Act of 1972, as amended, no coastal State shall
receive more than 5 percent or less than 1 percent of increased funds
appropriated over the previous fiscal year.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for the medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may
be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $2,084,963,000, to remain available
until September 30, 2013, except funds provided for construction of
facilities which shall remain available until expended: Provided, That
of the $2,091,963,000 provided for in direct obligations under this
heading, $2,084,963,000 is appropriated from the general fund and
$7,000,000 is provided from recoveries of prior-year obligations:
Provided further, That except to the extent expressly prohibited by any
other law, the Department of Defense may delegate procurement functions
related to the National Polar-orbiting Operational Environmental
Satellite System to officials of the Department of Commerce pursuant to
section 2311 of title 10, United States Code: Provided further, That
any deviation from the amounts designated for specific activities in
the explanatory statement accompanying this Act, or any use of
deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 505 of
this Act: Provided further, That the Secretary of Commerce shall
include in budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Oceanic and
Atmospheric Administration Procurement, Acquisition or Construction
project having a total of more than $5,000,000 and simultaneously the
budget justification shall include an estimate of the budgetary
requirements for each such project for each of the five subsequent
fiscal years: Provided further, That within the amounts appropriated,
$6,575,000 shall be used for the projects, and in the amounts,
specified in the report accompanying this Act.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $80,000,000, to remain available until September
30, 2012: Provided, That of the funds provided herein the Secretary of
Commerce may issue grants to the States of Washington, Oregon, Idaho,
Nevada, California, and Alaska, and federally recognized tribes of the
Columbia River and Pacific Coast (including Alaska) for projects
necessary for conservation of salmon and steelhead populations that are
listed as threatened or endangered, or identified by a State as at-risk
to be so-listed, for maintaining populations necessary for exercise of
tribal treaty fishing rights or native subsistence fishing, or for
conservation of Pacific coastal salmon and steelhead habitat, based on
guidelines to be developed by the Secretary of Commerce: Provided
further, That funds disbursed to States shall be subject to a matching
requirement of funds or documented in-kind contributions of at least 33
percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $350,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
coastal zone management fund
(including transfer of funds)
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000
shall be transferred to the ``Operations, Research, and Facilities''
account to offset the costs of implementing such Act.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2011, obligations of direct loans may not exceed
$12,000,000 for Individual Fishing Quota loans and not to exceed
$59,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936: Provided, That none of the funds made available
under this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$5,000 for official reception and representation, $65,248,000.
herbert c. hoover building renovation and modernization
For expenses necessary, including blast windows, for the renovation
and modernization of the Herbert C. Hoover Building, $17,487,000, to
remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.) (as amended), $30,394,000.
General Provisions--Department of Commerce
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce: Provided further,
That for the National Oceanic and Atmospheric Administration this
section shall provide for transfers among appropriations made only to
the National Oceanic and Atmospheric Administration and such
appropriations may not be transferred and reprogrammed to other
Department of Commerce bureaus and appropriation accounts.
Sec. 104. Any costs incurred by a department or agency funded
under this title resulting from personnel actions taken in response to
funding reductions included in this title or from actions taken for the
care and protection of loan collateral or grant property shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 105. The requirements set forth by section 112 of division B
of Public Law 110-161 are hereby adopted by reference.
Sec. 106. Notwithstanding any other law, the Secretary may furnish
services (including but not limited to utilities, telecommunications,
and security services) necessary to support the operation, maintenance,
and improvement of space that persons, firms or organizations are
authorized pursuant to the Public Buildings Cooperative Use Act of 1976
or other authority to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance, operation, and
protection of which has been delegated to the Secretary from the
Administrator of General Services pursuant to the Federal Property and
Administrative Services Act of 1949, as amended, on a reimbursable or
nonreimbursable basis. Amounts received as reimbursement for services
provided under this section or the authority under which the use or
occupancy of the space is authorized, up to $200,000, shall be credited
to the appropriation or fund which initially bears the costs of such
services.
Sec. 107. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 108. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and
facilities of any department, agency or instrumentality of the United
States, or of any State, local government, Indian tribal government,
Territory or possession, or of any political subdivision thereof, or of
any foreign government or international organization for purposes
related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 109. For an additional amount for the ``Operations, Research,
and Facilities'', National Oceanic and Atmospheric Administration
account, $1,908,000, and for an additional amount for the ``Salaries
and Expenses'', Departmental Management account, $1,377,000, and for an
additional amount for the ``Periodic Censuses and Programs'', Bureau of
the Census account, $256,000, to increase the Department's acquisition
workforce capacity and capabilities: Provided, That such funds shall be
available only to supplement and not to supplant existing acquisition
workforce activities: Provided further, That such funds shall be
available for training, recruitment, retention, and hiring additional
members of the acquisition workforce as defined by the Office of
Federal Procurement Policy Act, as amended (41 U.S.C. 401 et seq.):
Provided further, That such funds shall be available for information
technology in support of acquisition workforce effectiveness or for
management solutions to improve acquisition management.
united states participating territories
Sec. 110. (a) The Secretary of State shall ensure participation in
the Commission for the Conservation and Management of Highly Migratory
Fish Stocks in the Western and Central Pacific Ocean (``Commission'')
and its subsidiary bodies by American Samoa, Guam, and the Northern
Mariana Islands (collectively, the U.S. Participating Territories) to
the same extent provided to the territories of other nations.
(b) The U.S. Participating Territories are each authorized to use,
assign, allocate, and manage catch limits of highly migratory fish
stocks, or fishing effort limits, agreed to by the Commission for the
participating territories of the Convention, through arrangements with
U.S. vessels with permits issued under the Pelagic Fishery Management
Plan of the Western Pacific Region. Vessels under such arrangements are
integral to the domestic fisheries of the U.S. Participating
Territories, provided that such arrangements are funded by deposits to
the Western Pacific Sustainable Fisheries Fund in support of fisheries
development projects identified in a Territory's Marine Conservation
Plan and adopted pursuant to section 204 of the Magnuson Stevens
Fisheries Conservation and Management Act (16 U.S.C. Sec. 1824). The
Secretary of Commerce shall attribute catches made by vessels operating
under such arrangements to the U.S. Participating Territories for the
purposes of annual reporting to the Commission.
(c) The Western Pacific Regional Fisheries Management Council is
authorized to accept and deposit funding for arrangements pursuant to
subsection (b) to the Western Pacific Sustainable Fisheries Fund in
support of a Territory's Marine Conservation Plan adopted pursuant to
section 204 of the Magnuson Stevens Fisheries Conservation and
Management Act (16 U.S.C. Sec. 1824), and shall recommend an amendment
and associated regulations to the Pelagics Fishery Management Plan for
the Western Pacific Region to implement the provisions of this section.
(d) Paragraph (b) of this section shall remain in effect until such
time as the Western Pacific Regional Fishery Management Council
recommends an amendment to the Pelagics Fishery Management Plan for the
Western Pacific Region, and implementing regulations to the Secretary,
to authorize use, assignment, allocation and management of catch limits
of highly migratory fish stocks, or fishing effort limits, established
by the Commission and applicable to U.S. Participating Territories, and
until the Secretary of Commerce approves the amendment as recommended
and implementing regulations become effective.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2011''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $149,565,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended: Provided, That the Attorney General is
authorized to transfer funds appropriated within General Administration
to any office in this account: Provided further, That $37,000,000 is
for Department Leadership; $9,403,000 is for Intergovernmental
Relations/External Affairs; $13,477,000 is for Executive Support/
Professional Responsibility; $87,985,000 is for the Justice Management
Division, and $1,700,000 shall be for the activities of the Commission
authorized by section 540 of this Act: Provided further, That any
change in amounts specified in the preceding proviso greater than 5
percent shall be submitted for approval to the House and Senate
Committees on Appropriations consistent with the terms of section 505
of this Act: Provided further, That this transfer authority is in
addition to transfers authorized under section 505 of this Act.
national drug intelligence center
For necessary expenses of the National Drug Intelligence Center,
including reimbursement of Air Force personnel for the National Drug
Intelligence Center to support the Department of Defense's counter-drug
intelligence responsibilities, $44,580,000: Provided, That the National
Drug Intelligence Center shall maintain the personnel and technical
resources to provide timely support to law enforcement authorities and
the intelligence community by conducting document and computer
exploitation of materials collected in Federal, State, and local law
enforcement activity associated with counter-drug, counterterrorism,
and national security investigations and operations.
justice information-sharing technology
For necessary expenses for information-sharing technology,
including planning, development, deployment and departmental direction,
$165,000,000, to remain available until expended, of which not less
than $42,132,000 is for the Unified Financial Management System.
law enforcement wireless communications
For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law enforcement
communications, and for the costs of operations and maintenance of
existing Land Mobile Radio legacy systems, $207,727,000, to remain
available until expended: Provided, That the Attorney General shall
transfer to this account all funds made available to the Department of
Justice for the purchase of portable and mobile radios: Provided
further, That any transfer made under the preceding proviso shall be
subject to section 505 of this Act.
Administrative Review and Appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities, $319,420,000, of
which $4,000,000 shall be derived by transfer from the Executive Office
for Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account.
Detention Trustee
For necessary expenses of the Federal Detention Trustee,
$1,533,863,000, to remain available until expended: Provided, That the
Trustee shall be responsible for managing the Justice Prisoner and
Alien Transportation System: Provided further, That not to exceed
$20,000,000 shall be considered ``funds appropriated for State and
local law enforcement assistance'' pursuant to 18 U.S.C. 4013(b).
Office of the Inspector General
For necessary expenses of the Office of the Inspector General,
$89,792,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $13,582,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia, $963,389,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until expended:
Provided, That of the total amount appropriated, not to exceed $7,500
shall be available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses: Provided
further, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' 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: Provided further, That of the amount
appropriated, such sums as may be necessary shall be available to
reimburse the Office of Personnel Management for salaries and expenses
associated with the election monitoring program under section 8 of the
Voting Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That of
the amounts provided under this heading for the election monitoring
program $3,390,000, shall remain available until expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $167,028,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection (and estimated to be $96,000,000 in fiscal year 2011), shall
be retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2011, so as to
result in a final fiscal year 2011 appropriation from the general fund
estimated at $71,028,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,036,269,000: Provided, That of the total amount appropriated, not to
exceed $6,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That of the amount provided under this heading, not less than
$38,460,000 shall be used for salaries and expenses for assistant U.S.
Attorneys to carry out section 704 of the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) concerning the prosecution
of offenses relating to the sexual exploitation of children: Provided
further, That of the amount provided under this heading, $31,965,000 is
for salaries and expenses for new assistant U.S. Attorneys to carry out
additional prosecutions of serious crimes in Indian Country.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $236,435,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That
notwithstanding any other provision of law, deposits to the Fund shall
be available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, $231,435,000 of offsetting collections pursuant to 28 U.S.C.
589a(b) shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended: Provided
further, That the sum herein appropriated from the Fund shall be
reduced as such offsetting collections are received during fiscal year
2011, so as to result in a final fiscal year 2011 appropriation from
the Fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,159,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended: Provided,
That not to exceed $10,000,000 may be made available for construction
of buildings for protected witness safesites: Provided further, That
not to exceed $3,000,000 may be made available for the purchase and
maintenance of armored and other vehicles for witness security
caravans: Provided further, That not to exceed $11,000,000 may be made
available for the purchase, installation, maintenance, and upgrade of
secure telecommunications equipment and a secure automated information
network to store and retrieve the identities and locations of protected
witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$12,606,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G),
$20,990,000, to be derived from the Department of Justice Assets
Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,190,534,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; and of which not to
exceed $10,000,000 shall remain available until expended for
information technology systems.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related
support, $26,625,000, to remain available until expended; of which not
less than $12,625,000 shall be available for the costs of courthouse
security equipment, including furnishings, relocations, and telephone
systems and cabling.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National
Security Division, $99,537,000; of which not to exceed $5,000,000 for
information technology systems shall 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 the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $574,319,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $8,083,475,000, of which not to exceed $150,000,000 shall
remain available until expended: Provided, That not to exceed $153,750
shall be available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites by
purchase, or as otherwise authorized by law; conversion, modification
and extension of federally owned buildings; preliminary planning and
design of projects; and operation and maintenance of secure work
environment facilities and secure networking capabilities;
$181,202,000, to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C; and expenses for
conducting drug education and training programs, including travel and
related expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
$2,088,176,000; of which not to exceed $75,000,000 shall remain
available until expended; and of which not to exceed $75,000 shall be
available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings; and operation and maintenance
of secure work environment facilities and secure networking
capabilities; $41,941,000, to remain available until expended.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, 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, $1,162,986,000, 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 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 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 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 2011: Provided further, That, beginning in
fiscal year 2011 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 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 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 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 591, of
which 559 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,
$6,533,779,000: 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, 2012: 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,
$269,733,000, to remain available until expended, of which $105,000,000
shall be derived from available unobligated balances previously
appropriated under this heading, and of which not less than $74,210,000
shall be available only for modernization, maintenance and repair, and
of which not to exceed $14,000,000 shall be available to construct
areas for inmate work programs: Provided, That labor of United States
prisoners may be used for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase (not to
exceed five for replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Assistance
Office on Violence Against 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, $20,000,000: Provided, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for the foregoing, the
Attorney General may transfer such amounts to ``Salaries and Expenses''
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.
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Victims of 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, $468,000,000, 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 (which shall be by transfer for
programs administered by the Office of Justice Programs)--
(1) $207,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $40,000,000 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) $2,000,000 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) $50,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act;
(5) $25,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(6) $37,000,000is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(7) $9,500,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(8) $50,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(9) $4,250,000 is for enhanced training and services to end
violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(10) $14,000,000 is for the safe havens for children
program, as authorized by section 1301 of the 2000 Act;
(11) $6,750,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(12) $3,000,000 is for an engaging men and youth in
prevention program, as authorized by section 41305 of the 1994
Act;
(13) $1,000,000 is for tracking of violence against Indian
women, as authorized by section 905 of the 2005 Act and
consistent with title I of the Adam Walsh Child Protection and
Safety Act of 2006;
(14) $3,500,000 is for services to advocate and respond to
youth, as authorized by section 41201 of the 1994 Act;
(15) $3,000,000 is for grants to assist children and youth
exposed to violence, as authorized by section 41303 of the 1994
Act;
(16) $3,000,000 is for the court training and improvements
program, as authorized by section 41002 of the 1994 Act;
(17) $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;
(18) $3,000,000 for the Supporting Teens through Education
and Protection program, as authorized by section 41204 of the
1994 Act;
(19) $2,000,000 is for analysis and research on violence
against Indian women, as authorized by section 904 of the 2005
Act;
(20) $500,000 is for the Office on Violence Against Women
to establish a national clearinghouse that provides training
and technical assistance on issues relating to sexual assault
of American Indian and Alaska Native women; and
(21) $500,000 is for the Office on Violence Against Women
to sponsor regional summits on violence against women in Indian
country for Department of Justice representatives, local tribal
advocates, law enforcement, and judges.
Office of Justice Programs
salaries and expenses
For necessary expenses, not elsewhere specified in this title, for
management and administration of programs within the Office of Justice
Programs, $167,500,000: Provided, That notwithstanding section 109 of
title I of Public Law 90-351, an additional amount, not to exceed
$32,500,000 shall be available for authorized activities of the Office
of Audit, Assessment, and Management.
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violent Crime Control and Law
Enforcement Act of 1994 (``the 1994 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 Victims of Trafficking and Violence
Prevention Act of 2000 (Public Law 106-386); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248); the NICS
Improvement Amendments Act of 2007 (Public Law 110-180); 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, $346,000,000, to remain available until
expended, of which--
(1) $60,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act, of which $41,000,000 is for the
administration and redesign of the National Crime Victimization
Survey;
(2) $60,000,000 is for research, development, and
evaluation programs, and other activities as authorized by part
B of title I of the 1968 Act and subtitle D of title II of the
2002 Act;
(3) $6,000,000 is for a program to prosecute, prevent, and
otherwise combat hate crimes, including related research, of
which $5,000,000 is for investigation and prosecution
assistance grants and $1,000,000 is for a hate crimes training
program;
(4) $1,000,000 is for an evaluation clearing house program;
(5) $10,000,000 is for grants to assist State and tribal
governments as authorized by the NICS Improvements Amendments
Act of 2007 (Public Law 110-180);
(6) $10,000,000 is for the National Criminal History
Improvement Program for grants to upgrade criminal records;
(7) $30,000,000 is for Paul Coverdell Forensic Science
Improvement Grants under part BB of title I of the 1968 Act;
(8) $3,000,000 is for grants to improve the stalking and
domestic violence databases, as authorized by section 40602 of
the 1994 Act; and
(9) $166,000,000 is for DNA-related and forensic programs
and activities, of which--
(A) $151,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and
Federal forensic activities including the purposes of
section 2 of the DNA Analysis Backlog Elimination Act
of 2000 (the Debbie Smith DNA Backlog Grant Program);
(B) $5,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Program
(Public Law 108-405, section 412);
(C) $5,000,000 is for Sexual Assault Forensic Exam
Program Grants as authorized by Public Law 108-405,
section 304.
(D) $5,000,000 is for the purposes described in the
DNA Training and Education for Law Enforcement,
Correctional Personnel, and Court Officers program
(Public Law 108-405, section 303).
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); 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); and other programs (including the State Automated Victim
Notification program of the Bureau of Justice Assistance),
$1,510,475,000, to remain available until expended as follows--
(1) $520,000,000 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), of which $5,000,000 is for use by the National Institute
of Justice in assisting units of local government to identify,
select, develop, modernize, and purchase new technologies for
use by law enforcement, $2,000,000 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, and $3,000,000 is for a State and local assistance
help desk and diagnostic center program;
(2) $300,000,000 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 Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for costs associated with the prosecution
of criminal cases declined by local offices of the United
States Attorneys;
(4) $213,475,000 for discretionary 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), which shall be used for the
projects, and in the amounts, specified in the explanatory
statement accompanying this Act;
(5) $40,000,000 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);
(6) $2,000,000 for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001 of
the 1994 Act);
(7) $15,000,000 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 $6,700,000 shall be for victim
services grants for foreign national victims of trafficking;
(8) $45,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(9) $5,000,000 for prison rape prevention and prosecution
and other programs, as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108-79);
(10) $20,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of title
I of the 1968 Act;
(11) $8,000,000 for the Capital Litigation Improvement
Grant Program, as authorized by section 426 of Public Law 108-
405, and for grants for wrongful conviction review;
(12) $11,000,000 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);
(13) $50,000,000 for assistance to Indian tribes, of
which--
(A) $10,000,000 shall be available for grants under
section 20109 of subtitle A of title II of the 1994
Act;
(B) $25,000,000 shall be available for the Tribal
Courts Initiative;
(C) $12,000,000 shall be available for tribal
alcohol and substance abuse reduction assistance
grants; and
(D) $3,000,000 shall be available for training and
technical assistance and civil and criminal legal
assistance as authorized by title I of Public Law 106-
559;
(14) $10,000,000 for economic, high technology and Internet
crime prevention grants, including as authorized by section 401
of Public Law 110-403;
(15) $3,500,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(16) $50,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199), of which up to $5,000,000 may be used for
a program to improve State, local, and tribal probation
supervision efforts and strategies;
(17) $10,000,000 for activities related to comprehensive
criminal justice reform and recidivism reduction efforts by
States;
(18) $10,000,000 for implementation of a student loan
repayment assistance program pursuant to section 952 of Public
Law 110-315;
(19) $5,000,000 for the Northern Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for the costs associated with the
prosecution of criminal cases declined by local offices of the
United States Attorneys;
(20) $5,000,000 for an initiative to assist and support
evidence-based policing;
(21) $3,000,000 for technical and other targeted assistance
to improve the functioning of the criminal justice system;
(22) $7,500,000 for a justice information-sharing and
technology program;
(23) $20,000,000 for implementation of the Adam Walsh Act;
(24) $25,000,000 for an initiative relating to children
exposed to violence;
(25) $20,000,000 for an Edward Byrne Memorial criminal
justice innovation program;
(26) $11,000,000 for sex offender management assistance as
authorized by the Adam Walsh Act and the Violent Crime Control
Act of 1994 (Public Law 103-322);
(27) $30,000,000 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 from the
Community Oriented Policing Services Office for research,
testing and evaluation programs;
(28) $1,000,000 for the National Sex Offender Public Web
site;
(29) $10,000,000 is for the Statewide Victim Notification
System program of the Bureau of Justice Assistance; and
(30) $40,000,000 is for the Regional Information Sharing
Systems program, as authorized by part M of title I of the 1968
Act:
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 nonadministrative 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
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
PROTECT Our Children Act of 2008 (Public Law 110-401); and other
juvenile justice programs, $489,555,000, to remain available until
expended as follows--
(1) $70,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process;
(2) $75,355,000 for grants and projects, as authorized by
sections 261 and 262 of the 1974 Act, which shall be used for
the projects, and in the amounts, specified in the explanatory
statement accompanying this Act;
(3) $100,000,000 for youth mentoring grants;
(4) $70,000,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to sections
261 and 262 thereof--
(A) $25,000,000 is for the Tribal Youth Program;
(B) $20,000,000 is for a gang and youth violence
education and prevention initiative; and
(C) $25,000,000 is for grants of $360,000 to each
State and $4,840,000 shall be available for
discretionary grants, 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;
(5) $22,500,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(6) $40,000,000 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;
(7) $20,000,000 for community-based violence prevention
initiatives;
(8) $5,000,000 for a juvenile delinquency court improvement
program;
(9) $14,200,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(10) $2,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act; and
(11) $70,000,000 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, or by sections 217 and 222 of the 1990 Act, or to missing and
exploited children programs.
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 in addition, $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
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, $40,000,000: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for the
foregoing, the Attorney General may transfer such amounts to ``Salaries
and Expenses'' 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 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), $585,955,000, 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) $400,000,000 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 and notwithstanding 42 U.S.C. 3796dd-3(c): 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 90 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
within the amounts appropriated, $42,000,000 shall be used for
the hiring and rehiring of tribal law enforcement officers:
Provided further, That within the amounts appropriated, up to
$30,000,000 is available for the hiring or rehiring of officers
who will be assigned to Internet Crimes Against Children Task
Forces;
(2) $13,135,000 for grants to entities described in section
1701 of title I of the 1968 Act, to address public safety and
methamphetamine manufacturing, sale, and use in hot spots as
authorized by section 754 of Public Law 109-177, and for other
anti-methamphetamine-related activities: Provided, That within
the amounts appropriated $8,135,000 shall be used for the
projects, and in the amounts, specified in the report
accompanying this Act: Provided further, That within the
amounts appropriated $5,000,000 is for anti-methamphetamine-
related activities in Indian Country;
(3) $103,820,000 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment: Provided, That within
the amounts appropriated, $102,320,000 shall be used for the
projects, and in the amounts, specified in the explanatory
statement accompanying this Act: Provided further, That of the
amounts provided under this heading $1,500,000 is transferred
directly to the National Institute of Standards and
Technology's Office of Law Enforcement Standards from the
Community Oriented Policing Services Office for research,
testing, and evaluation programs;
(4) $25,000,000 is for improving tribal law enforcement,
including equipment and training;
(5) $12,000,000 is for community policing development
activities;
(6) $24,000,000 is for a national grant program the purpose
of which is to assist State and local law enforcement to
locate, arrest and prosecute child sexual predators and
exploiters, and to enforce sex offender registration laws
described in section 1701(b) of the 1968 Act, of which--
(A) $11,000,000 is for sex offender management
assistance as authorized by the Adam Walsh Act and the
Violent Crime Control Act of 1994 (Public Law 103-322);
and
(B) $1,000,000 is for the National Sex Offender
Public Registry; and
(7) $14,000,000 is for expenses authorized by part AA of
the 1968 Act (Secure our Schools).
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $50,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. The Attorney General is authorized to extend through
September 30, 2012, 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 (6 U.S.C. 533)
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 Sentinel, or for any other major 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. None of the funds appropriated in this or any other Act
shall be obligated for the initiation of a future phase of the Federal
Bureau of Investigation's Sentinel program until the Attorney General
certifies to the Committees on Appropriations that existing phases
currently under contract for development or fielding have completed a
majority of the work for that phase under the performance measurement
baseline validated by the integrated baseline review conducted in 2008:
Provided, That this restriction does not apply to planning and design
activities for future phases: Provided further, That the Bureau will
notify the Committees on Appropriations of any significant changes to
the baseline.
Sec. 215. 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 ``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; and
(2) Notwithstanding section 205 of this Act, up to 3
percent of funds made available for grant or reimbursement
programs under such headings, except for amounts appropriated
for programs administered by the National Institute of Justice
and the Bureau of Justice Statistics, may 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.
Sec. 216. The Attorney General may, upon request by a grantee and
based upon a determination of fiscal hardship, waive the requirements
of paragraph (1) of section 2976(g) and the requirements of paragraphs
(1) and (2) of section 2978(c), of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797w(g)(1)) and 42 U.S.C. 3797w-2(e)(1)
and 42 U.S.C. 3797w-2(e)(2) with respect to funds appropriated in this
or any other Act making appropriations for fiscal years 2010 and 2011
for Adult and Juvenile Offender State and Local Reentry Demonstration
Projects, and State, Tribal and Local Reentry Courts authorized under
part FF of such Act of 1968.
Sec. 217. That 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. 218. Section 112(a)(1) of division B of the Consolidated
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 62) is
repealed.
This title may be cited as the ``Department of Justice
Appropriations Act, 2011''.
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, $6,990,000.
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, $5,005,600,000,
to remain available until September 30, 2012.
aeronautics and space research and technology
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics and space 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, $904,600,000, to remain available until
September 30, 2012; of which $579,600,000 shall be for aeronautics
activities; and of which $325,000,000 shall be for space research and
technology activities.
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; 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; 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, $3,912,000,000,
to remain available until September 30, 2012: Provided, That when any
activity has been initiated by the incurrence of obligations for
construction of facilities or environmental compliance and restoration
activities as authorized by law, such amount available for such
activity shall remain available until September 30, 2016.
space operations
(including transfers of funds)
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;
maintenance; 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; 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, $5,533,400,000,
to remain available until September 30, 2012: Provided, That of the
amounts provided under this heading, not more than $1,609,700,000 shall
be for Space Shuttle operations, production, research, development, and
support, not more than $2,779,800,000 shall be for International Space
Station operations, production, research, development, and support, and
not more than $1,144,000,000 shall be for Space and Flight Support:
Provided further, That when any activity has been initiated by the
incurrence of obligations for construction of facilities or
environmental compliance and restoration activities as authorized by
law, such amount available for such activity shall remain available
until September 30, 2016: Provided further, That up to $50,000,000 may
be transferred to ``Economic Development Assistance Programs, Economic
Development Administration'', Department of Commerce, to spur regional
economic growth in areas impacted by Shuttle retirement and exploration
programmatic changes and that up to $15,000,000 may be transferred to
``Training and Employment Services, Employment and Training
Administration'', Department of Labor, for job training activities in
areas impacted by job losses associated with Shuttle retirement and
exploration programmatic changes.
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, $145,800,000, to remain available until
September 30, 2012.
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, $3,075,808,000, to
remain available until September 30, 2012: Provided, That not more than
$2,270,200,000 shall be available for center management and operations:
Provided further, That not less than $45,000,000 shall be available for
independent verification and validation activities: Provided further,
That within the amounts appropriated, $45,725,000 shall be used for the
projects, and in the amounts, specified in the report accompanying this
Act.
construction and environmental compliance and remediation
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, $381,300,000, to remain available until
September 30, 2016: Provided, That within the funds provided,
$40,500,000 shall be available to support science research and
development activities; $14,000,000 shall be available to support space
operations research and development activities; and $265,800,000 shall
be available for cross agency support activities.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $38,000,000, to remain
available until September 30, 2012.
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. 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.
Notwithstanding any other provision of law, no funds shall be used
to implement by Reduction in Force or other involuntary separations
(except for cause) by the National Aeronautics and Space Administration
prior to September 30, 2011.
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 20 of the National Aeronautics and Space Administration
Authorization Act of Fiscal Year 1992 (Public Law 102-195, 42 U.S.C.
2467a) is amended by adding at the end thereof:
``(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 2011
and hereafter for the purpose of the Endeavor Science Teacher
Certificate Program.''.
Of funds provided under the headings ``Science'' and
``Exploration'' in this Act, up to $15,000,000 shall be available for a
reimbursable agreement with the Department of Energy for the purpose of
re-establishing facilities to produce fuel required for radioisotope
thermoelectric generators to enable future missions.
For an additional amount for the ``Cross-Agency Support'', National
Aeronautics and Space Administration account, $3,492,000, to increase
the agency's acquisition workforce capacity and capabilities: Provided,
That such funds may be transferred by the Administrator to any other
account in the agency to carry out the purposes provided herein:
Provided further, That such transfer authority is in addition to any
other transfer authority provided in this Act: Provided further, That
such funds shall be available only to supplement and not to supplant
existing acquisition workforce activities: Provided further, That such
funds shall be available for training, recruitment, retention, and
hiring additional members of the acquisition workforce as defined by
the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 401
et seq.): Provided further, That such funds shall be available for
information technology in support of acquisition workforce
effectiveness or for management solutions to improve acquisition
management.
National Science Foundation
research and related activities
(including transfer of funds)
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act
to establish a National Medal of Science (42 U.S.C. 1880-1881);
services as authorized by 5 U.S.C. 3109; maintenance and operation of
aircraft and purchase of flight services for research support;
acquisition of aircraft; and authorized travel; $5,967,180,000, to
remain available until September 30, 2012, of which not to exceed
$590,000,000 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 from
funds specified in the fiscal year 2011 budget request for icebreaking
services, $54,000,000 shall be transferred to the U.S. Coast Guard
``Operating Expenses'' within 60 days of enactment of this Act:
Provided further, That receipts for scientific support services and
materials furnished by the National Research Centers and other National
Science Foundation supported research facilities may be credited to
this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including
authorized travel, $155,190,000, 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, $892,000,000, to remain available until September 30, 2012.
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; $317,190,000: Provided, That contracts may be
entered into under this heading in fiscal year 2011 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.), $4,840,000: 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,
$15,000,000, to remain available until September 30, 2012.
administrative provision
For an additional amount for the ``Agency Operations and Award
Management'', National Science Foundation account, $2,000,000, to
increase the agency's acquisition workforce capacity and capabilities:
Provided, That such funds shall be available only to supplement and not
to supplant existing acquisition workforce activities: Provided
further, That such funds shall be available for training, recruitment,
retention, and hiring additional members of the acquisition workforce
as defined by the Office of Federal Procurement Policy Act, as amended
(41 U.S.C. 401 et seq.): Provided further, That such funds shall be
available for information technology in support of acquisition
workforce effectiveness or for management solutions to improve
acquisition management.
This title may be cited as the ``Science Appropriations Act,
2011''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,400,000: Provided, That none of
the funds appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the Excepted
Service exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this paragraph
shall be used to reimburse Commissioners for more than 75 billable
days, with the exception of the chairperson, who is permitted 125
billable days.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, the Civil Rights Act
of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008
(Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
including services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary awards
to private citizens, $355,303,000: 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
House and Senate 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 assistance
For payments to State and local enforcement agencies for authorized
services to the Commission, $30,000,000.
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, $87,000,000, 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, $430,000,000,
of which $401,700,000 is for basic field programs and required
independent audits; $4,300,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $20,000,000 is for management and
grants oversight; $3,000,000 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 2010 and 2011, 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'';
(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, $3,250,000.
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,
$50,757,000, 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: Provided further, That
negotiations shall be conducted within the World Trade Organization to
recognize the right of members to distribute monies collected from
antidumping and countervailing duties: Provided further, That
negotiations shall be conducted within the World Trade Organization
consistent with the negotiating objectives contained in the Trade Act
of 2002, Public Law 107-210.
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.) $6,273,000, of which $500,000 shall remain
available until September 30, 2012: Provided, That not to exceed $1,875
shall be available for official reception and representation expenses.
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 2011, 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
Appropriation 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 2011, 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. 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 $841,186,000 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) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall
include in all such data releases, language similar to the following
that would make clear that trace data cannot be used to draw broad
conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not all
firearms used in crime are traced and not all firearms traced
are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected
do not constitute a random sample and should not be considered
representative of the larger universe of all firearms used by
criminals, or any subset of that universe. Firearms are
normally traced to the first retail seller, and sources
reported for firearms traced do not necessarily represent the
sources or methods by which firearms in general are acquired
for use in crime.
Sec. 517. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress on the
progress of such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet Web site 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,
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, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 522. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 523. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act; The Electronic Communications Privacy Act; The
Fair Credit Reporting Act; The National Security Act of 1947; USA
PATRIOT Act; and the laws amended by these Acts.
Sec. 524. If at any time during any quarter, the program manager
of a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent, the program manager shall immediately inform the
Secretary, Administrator, or Director. The Secretary, Administrator, or
Director shall notify the House and Senate Committees on Appropriations
within 30 days in writing of such increase, and shall include in such
notice: the date on which such determination was made; a statement of
the reasons for such increases; the action taken and proposed to be
taken to control future cost growth of the project; changes made in the
performance or schedule milestones and the degree to which such changes
have contributed to the increase in total program costs or procurement
costs; new estimates of the total project or procurement costs; and a
statement validating that the project's management structure is
adequate to control total project or procurement costs.
Sec. 525. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2011 until the enactment of the Intelligence
Authorization Act for fiscal year 2011.
Sec. 526. The Departments, agencies, and commissions funded under
this Act, shall establish and maintain on the homepages of their
Internet Web site--
(1) a direct link to the Internet Web site of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General Web
site by which individuals may anonymously report cases of
waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
Sec. 527. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
Sec. 528. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is inconsistent with
the principal negotiating objective of the United States with respect
to trade remedy laws to preserve the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and
international disciplines on unfair trade, especially
dumping and subsidies; or
(B) lessen the effectiveness of domestic and
international safeguard provisions, in order to ensure
that United States workers, agricultural producers, and
firms can compete fully on fair terms and enjoy the
benefits of reciprocal trade concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market access barriers.
(rescissions)
Sec. 529. (a) Of the unobligated balances available to the
Department of Justice from prior appropriations, the following funds
are hereby rescinded, not later than September 30, 2011, from the
following accounts in the specified amounts--
(1) ``Legal Activities, Assets Forfeiture Fund'',
$495,000,000;
(2) ``Bureau of Alcohol, Tobacco, Firearms and Explosives,
Violent Crime Reduction Program'', $1,028,000;
(3) ``Office of Justice Programs'', $42,000,000;
(4) ``Community Oriented Policing Services'', $10,200,000;
(5) ``Working Capital Fund'', $20,000,000; and
(6) ``Federal Bureau of Investigation, Salaries and
Expenses'', $20,000,000.
(b) Of the unobligated balances available to the National
Aeronautics and Space Administration from prior year appropriations
under the heading ``Exploration'', $14,000,000 are hereby rescinded.
(c) Of the unobligated balances available to the National Science
Foundation from prior appropriations, $50,000,000 under the heading
``Research and Related Activities'' is hereby rescinded.
(d) Of the unobligated balances available to the Bureau of the
Census from prior year appropriations, $457,000,000 under the heading
``Periodic Censuses and Programs'' is hereby rescinded.
(e) Within 30 days of enactment of this Act, the Department of
Justice, the National Aeronautics and Space Administration, the
National Science Foundation, and the Bureau of the Census shall submit
to the Committee on Appropriations of the Senate a report specifying
the amount of each rescission made pursuant to this section.
(f) The rescissions contained in this section shall not apply to
funds provided in this Act.
Sec. 530. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 531. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency at any single conference occurring
outside the United States. This provision shall not apply to law
enforcement training and/or operational conferences for law enforcement
personnel when the majority of Federal employees in attendance are law
enforcement personnel stationed outside the United States.
Sec. 532. (a) None of the funds made available in this or any other
Act may be used to release an individual who is detained, as of June
24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental
United States, Alaska, Hawaii, or the District of Columbia, into any of
the United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any other Act may
be used to transfer an individual who is detained, as of June 24, 2009,
at Naval Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia, into any of the
United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of
detention, except as provided in subsection (c).
(c) None of the funds made available in this or any other Act may
be used to transfer an individual who is detained, as of June 24, 2009,
at Naval Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia, into any of the
United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes
of prosecuting such individual, or detaining such individual during
legal proceedings, until 45 days after the plan described in subsection
(d) is received.
(d) The President shall submit to Congress, in classified form, a
plan regarding the proposed disposition of any individual covered by
subsection (c) who is detained as of June 24, 2009. Such plan shall
include, at a minimum, each of the following for each such individual:
(1) A determination of the risk that the individual might
instigate an act of terrorism within the continental United
States, Alaska, Hawaii, the District of Columbia, or the United
States territories if the individual were so transferred.
(2) A determination of the risk that the individual might
advocate, coerce, or incite violent extremism, ideologically
motivated criminal activity, or acts of terrorism, among inmate
populations at incarceration facilities within the continental
United States, Alaska, Hawaii, the District of Columbia, or the
United States territories if the individual were transferred to
such a facility.
(3) The costs associated with transferring the individual
in question.
(4) The legal rationale and associated court demands for
transfer.
(5) A plan for mitigation of any risks described in
paragraphs (1), (2), and (7).
(6) A copy of a notification to the Governor of the State
to which the individual will be transferred, to the Mayor of
the District of Columbia if the individual will be transferred
to the District of Columbia, or to any United States
territories with a certification by the Attorney General of the
United States in classified form at least 14 days prior to such
transfer (together with supporting documentation and
justification) that the individual poses little or no security
risk to the United States.
(7) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer and the actions taken to mitigate such risk.
(e) None of the funds made available in this or any other Act may
be used to transfer or release an individual detained at Naval Station,
Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such
individual's nationality or last habitual residence or to any other
country other than the United States or to a freely associated State,
unless the President submits to the Congress, in classified form, at
least 15 days prior to such transfer or release, the following
information:
(1) The name of any individual to be transferred or
released and the country or the freely associated State to
which such individual is to be transferred or released.
(2) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer or release and the actions taken to mitigate such
risk.
(3) The terms of any agreement with the country or the
freely associated State for the acceptance of such individual,
including the amount of any financial assistance related to
such agreement.
(f) None of the funds made available in this Act may be used to
provide any immigration benefit (including a visa, admission into the
United States or any of the United States territories, parole into the
United States or any of the United States territories (other than
parole for the purposes of prosecution and related detention), or
classification as a refugee or applicant for asylum) to any individual
who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay,
Cuba.
(g) In this section, the term ``freely associated States'' means
the Federated States of Micronesia (FSM), the Republic of the Marshall
Islands (RMI), and the Republic of Palau.
(h) Prior to the termination of detention operations at Naval
Station, Guantanamo Bay, Cuba, the President shall submit to the
Congress a report in classified form describing the disposition or
legal status of each individual detained at the facility as of the date
of enactment of this Act.
Sec. 533. None of the funds made available under this Act may be
distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries.
Sec. 534. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program''
designation.
Sec. 535. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the United
States Government receiving funds appropriated under this Act to track
undisbursed balances in expired grant accounts and include in its
annual performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on
the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
Sec. 536. None of the funds made available in this Act may be used
to relocate the Bureau of the Census or employees from the Department
of Commerce to the jurisdiction of the Executive Office of the
President.
Sec. 537. (a) Of the amounts appropriated for discretionary grants
to improve the functioning of the criminal justice system, to prevent
or combat delinquency, and to assist victims of crime (other than
compensation), under the heading ``State and local law enforcement
assistance'' under the major heading ``Office of Justice Programs''
under the overarching heading ``State and local law enforcement
activities'' under division B, title II of the Omnibus Appropriations
Act, 2009 (Public Law 111-8; 123 Stat. 579), the amounts to be made
available to the Louisiana District Attorney's Association, Baton
Rouge, Louisiana, for the purpose to support an early intervention
program for at-risk elementary students, pursuant to the joint
statement of managers accompanying that Act, shall be made available to
the University of Louisiana-Lafayette, Lafayette, Louisiana, for the
same purpose.
(b) Of the amounts appropriated for discretionary grants to improve
the functioning of the criminal justice system, to prevent or combat
delinquency, and to assist victims of crime (other than compensation),
under the heading ``State and local law enforcement assistance'' under
the major heading ``Office of Justice Programs'' under the overarching
heading ``State and local law enforcement activities'' under division
B, title II of the Omnibus Appropriations Act, 2009 (Public Law 111-8;
123 Stat. 579), the amounts to be made available to Genesee County,
Michigan, for the purpose to assist individuals transitioning from
prison, pursuant to the joint statement of managers accompanying that
Act, shall be made available to My Brother's Keeper of Genesee County,
Michigan, for the same purpose.
(c) Of the amounts appropriated for discretionary grants to improve
the functioning of the criminal justice system, to prevent or combat
delinquency, and to assist victims of crime (other than compensation),
under the heading ``State and local law enforcement assistance'' under
the major heading ``Office of Justice Programs'' under the overarching
heading ``State and local law enforcement activities'' under division
B, title II of the Omnibus Appropriations Act, 2009 (Public Law 111-8;
123 Stat. 579), the amounts to be made available to the City of Las
Vegas, Las Vegas, Nevada, for copper wire theft prevention efforts,
pursuant to the joint statement of managers accompanying that Act,
shall be made available to the City of Las Vegas for the Shared
Computer Operation for Protection and Enforcement (SCOPE), Las Vegas,
Nevada.
(d) Of the amounts appropriated for discretionary grants to improve
the functioning of the criminal justice system, to prevent or combat
delinquency, and to assist victims of crime (other than compensation),
under the heading ``State and local law enforcement assistance'' under
the major heading ``Office of Justice Programs'' under the overarching
heading ``State and local law enforcement activities'' under division
B, title II of the Omnibus Appropriations Act, 2009 (Public Law 111-8;
123 Stat. 579), the amounts to be made available to the Marcus
Institute, Atlanta, Georgia, to provide remediation for the potential
consequences of childhood abuse and neglect, pursuant to the joint
statement of managers accompanying that Act, shall be made available to
the Georgia State University Center for Healthy Development, Atlanta,
Georgia, for the same purpose.
Sec. 538. (a) The head of any department, agency, board or
commission funded by this Act shall submit quarterly reports to the
Inspector General for any entity without an inspector general or the
senior ethics official of the appropriate department, agency, board or
commission regarding the costs and contracting procedures relating to
each conference held by the department, agency, board or commission
during fiscal year 2011 for which the cost to the Government was more
than $20,000.
(b) Each report submitted under subsection (a) shall include, for
each conference described in that subsection held during the applicable
quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to
determine which costs relate to that conference; and
(3) a description of the contracting procedures relating to
that conference, including--
(A) whether contracts were awarded on a competitive
basis for that conference; and
(B) a discussion of any cost comparison conducted
by the department, agency, board or commission in
evaluating potential contractors for that conference.
Sec. 539. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
commission on wartime relocation and internment of latin americans of
japanese descent
Sec. 540. (a) Findings.--Based on a preliminary study published in
December 1982 by the Commission on Wartime Relocation and Internment of
Civilians, Congress finds the following:
(1) During World War II, the United States--
(A) expanded its internment program and national
security investigations to conduct the program and
investigations in Latin America; and
(B) financed relocation to the United States, and
internment, of approximately 2,300 Latin Americans of
Japanese descent, for the purpose of exchanging the
Latin Americans of Japanese descent for United States
citizens held by Axis countries.
(2) Approximately 2,300 men, women, and children of
Japanese descent from 13 Latin American countries were held in
the custody of the Department of State in internment camps
operated by the Immigration and Naturalization Service from
1941 through 1948.
(3) Those men, women, and children either--
(A) were arrested without a warrant, hearing, or
indictment by local police, and sent to the United
States for internment; or
(B) in some cases involving women and children,
voluntarily entered internment camps to remain with
their arrested husbands, fathers, and other male
relatives.
(4) Passports held by individuals who were Latin Americans
of Japanese descent were routinely confiscated before the
individuals arrived in the United States, and the Department of
State ordered United States consuls in Latin American countries
to refuse to issue visas to the individuals prior to departure.
(5) Despite their involuntary arrival, Latin American
internees of Japanese descent were considered to be and treated
as illegal entrants by the Immigration and Naturalization
Service. Thus, the internees became illegal aliens in United
States custody who were subject to deportation proceedings for
immediate removal from the United States. In some cases, Latin
American internees of Japanese descent were deported to Axis
countries to enable the United States to conduct prisoner
exchanges.
(6) Approximately 2,300 men, women, and children of
Japanese descent were relocated from their homes in Latin
America, detained in internment camps in the United States, and
in some cases, deported to Axis countries to enable the United
States to conduct prisoner exchanges.
(7) The Commission on Wartime Relocation and Internment of
Civilians studied Federal actions conducted pursuant to
Executive Order 9066 (relating to authorizing the Secretary of
War to prescribe military areas). Although the United States
program of interning Latin Americans of Japanese descent was
not conducted pursuant to Executive Order 9066, an examination
of that extraordinary program is necessary to establish a
complete account of Federal actions to detain and intern
civilians of enemy or foreign nationality, particularly of
Japanese descent. Although historical documents relating to the
program exist in distant archives, the Commission on Wartime
Relocation and Internment of Civilians did not research those
documents.
(8) Latin American internees of Japanese descent were a
group not covered by the Civil Liberties Act of 1988 (50 U.S.C.
App. 1989b et seq.), which formally apologized and provided
compensation payments to former Japanese Americans interned
pursuant to Executive Order 9066.
(b) Purpose.--The purpose of this section is to establish a fact-
finding Commission to extend the study of the Commission on Wartime
Relocation and Internment of Civilians to investigate and determine
facts and circumstances surrounding the relocation, internment, and
deportation to Axis countries of Latin Americans of Japanese descent
from December 1941 through February 1948, and the impact of those
actions by the United States, and to recommend appropriate remedies, if
any, based on preliminary findings by the original Commission and new
discoveries.
(c) Establishment of the Commission.--
(1) In general.--There is established the Commission on
Wartime Relocation and Internment of Latin Americans of
Japanese descent (referred to in this section as the
``Commission'').
(2) Composition.--The Commission shall be composed of 9
members, who shall be appointed not later than 60 days after
the date of enactment of this section, of whom--
(A) 3 members shall be appointed by the President;
(B) 3 members shall be appointed by the Speaker of
the House of Representatives, on the joint
recommendation of the majority leader of the House of
Representatives and the minority leader of the House of
Representatives; and
(C) 3 members shall be appointed by the President
pro tempore of the Senate, on the joint recommendation
of the majority leader of the Senate and the minority
leader of the Senate.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. A vacancy in the
Commission shall not affect its powers, but shall be filled in
the same manner as the original appointment was made.
(4) Meetings.--
(A) First meeting.--The President shall call the
first meeting of the Commission not later than the
later of--
(i) 60 days after the date of enactment of
this section; or
(ii) 30 days after the date of enactment of
legislation making appropriations to carry out
this section.
(B) Subsequent meetings.--Except as provided in
subparagraph (A), the Commission shall meet at the call
of the Chairperson.
(5) Quorum.--Five members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings.
(6) Chairperson and vice chairperson.--The Commission shall
elect a Chairperson and Vice Chairperson from among its
members. The Chairperson and Vice Chairperson shall serve for
the life of the Commission.
(d) Duties of the Commission.--
(1) In general.--The Commission shall--
(A) extend the study of the Commission on Wartime
Relocation and Internment of Civilians, established by
the Commission on Wartime Relocation and Internment of
Civilians Act--
(i) to investigate and determine facts and
circumstances surrounding the United States'
relocation, internment, and deportation to Axis
countries of Latin Americans of Japanese
descent from December 1941 through February
1948, and the impact of those actions by the
United States; and
(ii) in investigating those facts and
circumstances, to review directives of the
United States Armed Forces and the Department
of State requiring the relocation, detention in
internment camps, and deportation to Axis
countries of Latin Americans of Japanese
descent; and
(B) recommend appropriate remedies, if any, based
on preliminary findings by the original Commission and
new discoveries.
(2) Report.--Not later than 1 year after the date of the
first meeting of the Commission pursuant to subsection
(c)(4)(A), the Commission shall submit a written report to
Congress, which shall contain findings resulting from the
investigation conducted under paragraph (1)(A) and
recommendations described in paragraph (1)(B).
(e) Powers of the Commission.--
(1) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the purpose
of carrying out this section--
(A) hold such public hearings in such cities and
countries, sit and act at such times and places, take
such testimony, receive such evidence, and administer
such oaths as the Commission or such subcommittee or
member considers advisable; and
(B) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, documents, tapes, and materials as
the Commission or such subcommittee or member considers
advisable.
(2) Issuance and enforcement of subpoenas.--
(A) Issuance.--Subpoenas issued under paragraph (1)
shall bear the signature of the Chairperson of the
Commission and shall be served by any person or class
of persons designated by the Chairperson for that
purpose.
(B) Enforcement.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1),
the United States district court for the judicial
district in which the subpoenaed person resides, is
served, or may be found may issue an order requiring
such person to appear at any designated place to
testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be
punished by the court as a contempt of that court.
(3) Witness allowances and fees.--Section 1821 of title 28,
United States Code, shall apply to witnesses requested or
subpoenaed to appear at any hearing of the Commission. The per
diem and mileage allowances for witnesses shall be paid from
funds available to pay the expenses of the Commission.
(4) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to perform
its duties. Upon request of the Chairperson of the Commission,
the head of such department or agency shall furnish such
information to the Commission.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(f) Personnel and Administrative Provisions.--
(1) Compensation of members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or
employees of the United States.
(2) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws and
regulations, appoint and terminate the employment of
such personnel as may be necessary to enable the
Commission to perform its duties.
(B) Compensation.--The Chairperson of the
Commission may fix the compensation of the personnel
without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates, except that the rate of pay for the personnel
may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
(6) Other administrative matters.--The Commission may--
(A) enter into agreements with the Administrator of
General Services to procure necessary financial and
administrative services;
(B) enter into contracts to procure supplies,
services, and property; and
(C) enter into contracts with Federal, State, or
local agencies, or private institutions or
organizations, for the conduct of research or surveys,
the preparation of reports, and other activities
necessary to enable the Commission to perform its
duties.
(g) Termination.--The Commission shall terminate 90 days after the
date on which the Commission submits its report to Congress under
subsection (d)(2).
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this section.
(2) Availability.--Any sums appropriated under the
authorization contained in this subsection shall remain
available, without fiscal year limitation, until expended.
Sec. 541. (a) Using funds appropriated to the Legal Services
Corporation (``Corporation'') in this Act, the Corporation shall comply
with, and ensure that recipients and recipient attorneys comply with,
the corresponding recommendations contained in the provisions of--
(1) the report entitled ``Governance and Accountability
Practices Need to Be Modernized and Strengthened'', GAO-07-993,
issued August 2007 by the Government Accountability Office;
(2) the report entitled ``Improved Internal Controls Needed
in Grants Management and Oversight'', GAO-08-37, issued
December 2007 by the Government Accountability Office;
(3) the report entitled ``Selected Internal Controls at
Legal Services NYC'', Report No. AU09-01, issued December 11,
2008 by the Office of Inspector General of the Corporation;
(4) the report entitled ``Selected Internal Controls at
Legal Aid and Defender Association, Inc.'', Report No. AU09-02,
issued February 5, 2009 by that Office of Inspector General;
(5) the report entitled ``Selected Internal Controls at
California Indian Legal Services'', Report No. AU09-03, issued
March 27, 2009 by that Office of Inspector General;
(6) the report entitled ``Selected Internal Controls at
Legal Assistance Foundation of Metropolitan Chicago'', Report
No. AU08-05, issued September 30, 2008 by that Office of
Inspector General;
(7) the report entitled ``Selected Internal Controls at
Philadelphia Legal Assistance Center'', Report No. AU08-04,
issued August 14, 2008 by that Office of Inspector General;
(8) the report entitled ``Legal Services Corporation FY
2008 Financial Statement Audit Report'', issued January 28,
2009 by that Office of Inspector General;
(9) the report entitled ``Audit of Legal Services
Corporation's Consultant Contract'', Report No. AU09-05, issued
July 7, 2009 by that Office of Inspector General;
(10) the report entitled ``Selected Internal Controls at
Legal Aid of Northwest Texas'', Report No. AU09-06, issued
August 10, 2009 by that Office of Inspector General; and
(11) the report entitled ``Protocol for the Acceptance and
Use of Private Contributions to LSC'', issued August 2008 by
the Audit Committee of the Board of Directors of the
Corporation.
(b) The Corporation may not expend $10,000,000 of the funds
described in subsection (a) until the President and the Chairman submit
the certification described in subsection (c).
(c) The President and the Chairman shall, not later than 30 days
after enactment of this Act, determine whether the Corporation has met
the requirements of subsection (a). The President and the Chairman
shall make the determination based on the standards, best management
practices, and guidelines in the provisions described in subsection
(a). If the President and the Chairman determine that the Corporation
has met the requirements, the President and the Chairman shall submit a
certification to the Committee on Appropriations of the House of
Representatives, and the Committee on Appropriations of the Senate.
Upon the President's and the Chairman's joint submission of the
certification, the Corporation may expend the amount described in
subsection (b).
(d) In this section, the terms ``Corporation'' and ``recipient''
have the meanings given the terms in section 1002 of the Legal Services
Corporation Act (42 U.S.C. 2996a).
(e) In this section, the terms ``President'' and ``Chairman'' refer
to the President of the Legal Services Corporation and the Chairman of
the Board of the Legal Services Corporation.
This Act may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2011''.
Calendar No. 479
111th CONGRESS
2d Session
S. 3636
[Report No. 111-229]
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Commerce and Justice, and
Science, and Related Agencies for the fiscal year ending September 30,
2011, and for other purposes.
_______________________________________________________________________
July 22, 2010
Read twice and placed on the calendar
Committee on Appropriations Senate Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-999.
Committee on Appropriations Senate Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-999.
Committee on Appropriations Senate Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-999.
Committee on Appropriations Senate Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-999.
Introduced in Senate
Committee on Appropriations. Original measure reported to Senate by Senator Mikulski. With written report No. 111-229.
Committee on Appropriations. Original measure reported to Senate by Senator Mikulski. With written report No. 111-229.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 479.
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