II 

Calendar No. 360 

112TH CONGRESS 

2D SESSION S. 2323 

[Report No. 112–158] 

Making appropriations for Departments of Commerce and Justice, and 

Science, and Related Agencies for the fiscal year ending September 

30, 2013, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 19, 2012 

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 Departments of Commerce and 

Justice, and Science, and Related Agencies for the fiscal 

year ending September 30, 2013, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for De5 partments of Commerce and Justice, and Science, and Re6 lated Agencies for the fiscal year ending September 30, 

7 2013, and for other purposes, namely: 
2 

•S 2323 PCS

1 TITLE I 

2 DEPARTMENT OF COMMERCE 

3 INTERNATIONAL TRADE ADMINISTRATION

4 OPERATIONS AND ADMINISTRATION

5 For necessary expenses for international trade activi6 ties of the Department of Commerce provided for by law, 

7 and for engaging in trade promotional activities abroad, 

8 including expenses of grants and cooperative agreements 

9 for the purpose of promoting exports of United States 

10 firms, without regard to 44 U.S.C. 3702 and 3703; full 

11 medical coverage for dependent members of immediate 

12 families of employees stationed overseas and employees 

13 temporarily posted overseas; travel and transportation of 

14 employees of the International Trade Administration be15 tween two points abroad, without regard to 49 U.S.C. 

16 40118; employment of Americans and aliens by contract 

17 for services; rental of space abroad for periods not exceed18 ing 10 years, and expenses of alteration, repair, or im19 provement; purchase or construction of temporary de20 mountable exhibition structures for use abroad; payment 

21 of tort claims, in the manner authorized in the first para22 graph of 28 U.S.C. 2672 when such claims arise in foreign 

23 countries; not to exceed $294,300 for official representa24 tion expenses abroad; purchase of passenger motor vehi25 cles for official use abroad, not to exceed $45,000 per vehi-
3 

•S 2323 PCS

1 cle; obtaining insurance on official motor vehicles; and 

2 rental of tie lines, $496,439,000, to remain available until 

3 September 30, 2014, of which $9,439,000 is to be derived 

4 from fees to be retained and used by the International 

5 Trade Administration, notwithstanding 31 U.S.C. 3302: 

6 Provided, That not less than $7,000,000 shall be for the 

7 Office of China Compliance, and not less than $4,400,000 

8 shall be for the China Countervailing Duty Group: Pro9 vided further, That the provisions of the first sentence of 

10 section 105(f) and all of section 108(c) of the Mutual Edu11 cational and Cultural Exchange Act of 1961 (22 U.S.C. 

12 2455(f) and 2458(c)) shall apply in carrying out these ac13 tivities without regard to section 5412 of the Omnibus 

14 Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); 

15 and that for the purpose of this Act, contributions under 

16 the provisions of the Mutual Educational and Cultural Ex17 change Act of 1961 shall include payment for assessments 

18 for services provided as part of these activities. 

19 BUREAU OF INDUSTRY AND SECURITY

20 OPERATIONS AND ADMINISTRATION

21 For necessary expenses for export administration and 

22 national security activities of the Department of Com23 merce, including costs associated with the performance of 

24 export administration field activities both domestically and 

25 abroad; full medical coverage for dependent members of 
4 

•S 2323 PCS

1 immediate families of employees stationed overseas; em2 ployment of Americans and aliens by contract for services 

3 abroad; payment of tort claims, in the manner authorized 

4 in the first paragraph of 28 U.S.C. 2672 when such claims 

5 arise in foreign countries; not to exceed $13,500 for offi6 cial representation expenses abroad; awards of compensa7 tion to informers under the Export Administration Act of 

8 1979, and as authorized by 22 U.S.C. 401(b); and pur9 chase of passenger motor vehicles for official use and 

10 motor vehicles for law enforcement use with special re11 quirement vehicles eligible for purchase without regard to 

12 any price limitation otherwise established by law, 

13 $102,328,000, to remain available until expended: Pro14 vided, That the provisions of the first sentence of section 

15 105(f) and all of section 108(c) of the Mutual Educational 

16 and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 

17 and 2458(c)) shall apply in carrying out these activities: 

18 Provided further, That payments and contributions col19 lected and accepted for materials or services provided as 

20 part of such activities may be retained for use in covering 

21 the cost of such activities, and for providing information 

22 to the public with respect to the export administration and 

23 national security activities of the Department of Com24 merce and other export control programs of the United 

25 States and other governments. 
5 

•S 2323 PCS

1 ECONOMIC DEVELOPMENT ADMINISTRATION

2 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

3 For grants for economic development assistance as 

4 provided by the Public Works and Economic Development 

5 Act of 1965, for trade adjustment assistance and for 

6 grants and the cost of loan guarantees authorized by sec7 tion 27 of the Stevenson-Wydler Technology Innovation 

8 Act of 1980 (15 U.S.C. 3722), $200,000,000, to remain 

9 available until expended of which up to $7,000,000 shall 

10 be for the cost of loan guarantees and grants under such 

11 section 27: Provided, That the costs for loan guarantees, 

12 including the cost of modifying such loans, shall be as de13 fined in section 502 of the Congressional Budget Act of 

14 1974: Provided further, That these funds for loan guaran15 tees under such section 27 are available to subsidize total 

16 loan principal, any part of which is to be guaranteed, not 

17 to exceed $70,000,000. 

18 SALARIES AND EXPENSES

19 For necessary expenses of administering the eco20 nomic development assistance programs as provided for by 

21 law, $37,719,000: Provided, That these funds may be used 

22 to monitor projects approved pursuant to title I of the 

23 Public Works Employment Act of 1976, title II of the 

24 Trade Act of 1974, and the Community Emergency 

25 Drought Relief Act of 1977. 
6 

•S 2323 PCS

1 MINORITY BUSINESS DEVELOPMENT AGENCY

2 MINORITY BUSINESS DEVELOPMENT

3 For necessary expenses of the Department of Com4 merce in fostering, promoting, and developing minority 

5 business enterprise, including expenses of grants, con6 tracts, and other agreements with public or private organi7 zations, $28,689,000. 

8 ECONOMIC AND STATISTICAL ANALYSIS

9 SALARIES AND EXPENSES

10 For necessary expenses, as authorized by law, of eco11 nomic and statistical analysis programs of the Department 

12 of Commerce, $100,269,000, to remain available until 

13 September 30, 2014. 

14 BUREAU OF THE CENSUS

15 SALARIES AND EXPENSES

16 For expenses necessary for collecting, compiling, ana17 lyzing, preparing, and publishing statistics, provided for 

18 by law, $259,175,000: Provided, That from amounts pro19 vided herein, funds may be used for promotion, outreach, 

20 and marketing activities. 

21 PERIODIC CENSUSES AND PROGRAMS

22 For necessary expenses to collect and publish statis23 tics for periodic censuses and programs provided for by 

24 law, $711,250,000, to remain available until September 

25 30, 2014: Provided, That $694,250,000 is appropriated 
7 

•S 2323 PCS

1 from the general fund and $17,000,000 is derived from 

2 available unobligated balances from the Census Working 

3 Capital Fund: Provided further, That from amounts pro4 vided herein, funds may be used for promotion, outreach, 

5 and marketing activities: Provided further, That within the 

6 amounts appropriated, $1,000,000 shall be transferred to 

7 the ‘‘Office of Inspector General’’ account for activities as8 sociated with carrying out investigations and audits re9 lated to the Bureau of the Census. 

10 NATIONAL TELECOMMUNICATIONS AND INFORMATION

11 ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses, as provided for by law, of 

14 the National Telecommunications and Information Ad15 ministration (NTIA), $46,925,000, to remain available 

16 until September 30, 2014: Provided, That, notwith17 standing 31 U.S.C. 1535(d), the Secretary of Commerce 

18 shall charge Federal agencies for costs incurred in spec19 trum management, analysis, operations, and related serv20 ices, and such fees shall be retained and used as offsetting 

21 collections for costs of such spectrum services, to remain 

22 available until expended: Provided further, That the Sec23 retary of Commerce is authorized to retain and use as off24 setting collections all funds transferred, or previously 

25 transferred, from other Government agencies for all costs 
8 

•S 2323 PCS

1 incurred in telecommunications research, engineering, and 

2 related activities by the Institute for Telecommunication 

3 Sciences of NTIA, in furtherance of its assigned functions 

4 under this paragraph, and such funds received from other 

5 Government agencies shall remain available until ex6 pended. 

7 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

8 AND CONSTRUCTION

9 For the administration of prior-year grants, recov10 eries and unobligated balances of funds previously appro11 priated are available for the administration of all open 

12 grants until their expiration. 

13 UNITED STATES PATENT AND TRADEMARK OFFICE

14 SALARIES AND EXPENSES

15 For necessary expenses of the United States Patent 

16 and Trademark Office (USPTO) provided for by law, in17 cluding defense of suits instituted against the Under Sec18 retary of Commerce for Intellectual Property and Director 

19 of the USPTO, $2,933,241,000, to remain available until 

20 expended: Provided, That the sum herein appropriated 

21 from the general fund shall be reduced as offsetting collec22 tions of fees and surcharges assessed and collected by the 

23 USPTO under any law are received during fiscal year 

24 2013, so as to result in a fiscal year 2013 appropriation 

25 from the general fund estimated at $0: Provided further, 
9 

•S 2323 PCS

1 That during fiscal year 2013, should the total amount of 

2 such offsetting collections be less than $2,933,241,000 

3 this amount shall be reduced accordingly: Provided fur4 ther, That any amount received in excess of 

5 $2,933,241,000 in fiscal year 2013 and deposited in the 

6 Patent and Trademark Fee Reserve Fund shall remain 

7 available until expended: Provided further, That the Direc8 tor of USPTO shall submit a spending plan to the Com9 mittees on Appropriations of the House of Representatives 

10 and the Senate for any amounts made available by the 

11 preceding proviso and such spending plan shall be treated 

12 as a reprogramming under section 505 of this Act and 

13 shall not be available for obligation or expenditure except 

14 in compliance with the procedures set forth in that section: 

15 Provided further, That from amounts provided herein, not 

16 to exceed $900 shall be made available in fiscal year 2013 

17 for official reception and representation expenses: Pro18 vided further, That in fiscal year 2013 from the amounts 

19 made available for ‘‘Salaries and Expenses’’ for the 

20 USPTO, the amounts necessary to pay (1) the difference 

21 between the percentage of basic pay contributed by the 

22 USPTO and employees under section 8334(a) of title 5, 

23 United States Code, and the normal cost percentage (as 

24 defined by section 8331(17) of that title) as provided by 

25 the Office of Personnel Management (OPM) for USPTO’s 
10 

•S 2323 PCS

1 specific use of basic pay of employees subject to sub2 chapter III of chapter 83 of that title, and (2) the present 

3 value of the otherwise unfunded accruing costs, as deter4 mined by OPM for USPTO’s specific use of post-retire5 ment life insurance and post-retirement health benefits 

6 coverage for all USPTO employees who are enrolled in 

7 Federal Employees Health Benefits (FEHB) and Federal 

8 Employees Group Life Insurance (FEGLI), shall be trans9 ferred to the Civil Service Retirement and Disability 

10 Fund, the FEGLI, and the FEHB Fund, as appropriate, 

11 and shall be available for the authorized purposes of those 

12 accounts: Provided further, That any differences between 

13 the present value factors published in OPM’s yearly 300 

14 series benefit letters and the factors that OPM provides 

15 for USPTO’s specific use shall be recognized as an im16 puted cost on USPTO’s financial statements, where appli17 cable: Provided further, That, notwithstanding any other 

18 provision of law, all fees and surcharges assessed and col19 lected by USPTO are available for USPTO only pursuant 

20 to section 42(c) of title 35, United States Code, as amend21 ed by section 22 of the Leahy-Smith America Invents Act 

22 (Public Law 112–29): Provided further, That within the 

23 amounts appropriated, $2,000,000 shall be transferred to 

24 the ‘‘Office of Inspector General’’ account for activities as-
11 

•S 2323 PCS

1 sociated with carrying out investigations and audits re2 lated to the USPTO. 

3 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

4 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

5 For necessary expenses of the National Institute of 

6 Standards and Technology (NIST), $623,000,000, to re7 main available until expended, of which not to exceed 

8 $9,000,000 may be transferred to the ‘‘Working Capital 

9 Fund’’: Provided, That not to exceed $5,000 shall be for 

10 official reception and representation expenses: Provided 

11 further, That NIST may provide for the transportation of 

12 NIST fellowship program participants. 

13 INDUSTRIAL TECHNOLOGY SERVICES

14 For necessary expenses of the Industrial Technology 

15 Services, $143,000,000, to remain available until ex16 pended: Provided, That of the amounts appropriated here17 in, $128,500,000 shall be for the Hollings Manufacturing 

18 Extension Partnership, and $14,500,000 shall be for the 

19 Advanced Manufacturing Consortia. 

20 CONSTRUCTION OF RESEARCH FACILITIES

21 For construction of new research facilities, including 

22 architectural and engineering design, and for renovation 

23 and maintenance of existing facilities, not otherwise pro24 vided for the National Institute of Standards and Tech25 nology, as authorized by 15 U.S.C. 278c–278e, 
12 

•S 2323 PCS

1 $60,000,000, to remain available until expended: Pro2 vided, That the Secretary of Commerce shall include in 

3 the budget justification materials that the Secretary sub4 mits to Congress in support of the Department of Com5 merce budget (as submitted with the budget of the Presi6 dent under section 1105(a) of title 31, United States 

7 Code) an estimate for each National Institute of Stand8 ards and Technology construction project having a total 

9 multi-year program cost of more than $5,000,000 and si10 multaneously the budget justification materials shall in11 clude an estimate of the budgetary requirements for each 

12 such project for each of the five subsequent fiscal years. 

13 NATIONAL OCEANIC AND ATMOSPHERIC

14 ADMINISTRATION

15 OPERATIONS, RESEARCH, AND FACILITIES

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses of activities authorized by law 

18 for the National Oceanic and Atmospheric Administration, 

19 including maintenance, operation, and hire of aircraft and 

20 vessels; grants, contracts, or other payments to nonprofit 

21 organizations for the purposes of conducting activities 

22 pursuant to cooperative agreements; and relocation of fa23 cilities, $3,139,740,000, to remain available until Sep24 tember 30, 2014, except that funds provided for coopera25 tive enforcement shall remain available until September 
13 

•S 2323 PCS

1 30, 2015: Provided, That fees and donations received by 

2 the National Ocean Service for the management of na3 tional marine sanctuaries may be retained and used for 

4 the salaries and expenses associated with those activities, 

5 notwithstanding 31 U.S.C. 3302: Provided further, That 

6 in addition, $119,064,000 shall be derived by transfer 

7 from the fund entitled ‘‘Promote and Develop Fishery 

8 Products and Research Pertaining to American Fish9 eries’’, which shall only be used for fishery activities re10 lated to Cooperative Research, Annual Stock Assessments, 

11 Survey and Monitoring Projects, Interjurisdictional Fish12 eries Grants, and Fish Information Networks: Provided 

13 further, That of the $3,264,804,000 provided for in direct 

14 obligations under this heading $3,139,740,000 is appro15 priated from the general fund, $119,064,000 is provided 

16 by transfer and $6,000,000 is derived from recoveries of 

17 prior year obligations: Provided further, That the total 

18 amount available for National Oceanic and Atmospheric 

19 Administration corporate services administrative support 

20 costs shall not exceed $208,438,000: Provided further, 

21 That any deviation from the amounts designated for spe22 cific activities in the report accompanying this Act, or any 

23 use of deobligated balances of funds provided under this 

24 heading in previous years, shall be subject to the proce25 dures set forth in section 505 of this Act: Provided further, 
14 

•S 2323 PCS

1 That in allocating grants under sections 306 and 306A 

2 of the Coastal Zone Management Act of 1972, as amend3 ed, no coastal State shall receive more than 5 percent or 

4 less than 1 percent of increased funds appropriated over 

5 the previous fiscal year: Provided further, That in addition, 

6 for necessary retired pay expenses under the Retired Serv7 iceman’s Family Protection and Survivor Benefits Plan, 

8 and for payments for the medical care of retired personnel 

9 and their dependents under the Dependents Medical Care 

10 Act (10 U.S.C. 55), such sums as may be necessary. 

11 PROCUREMENT, ACQUISITION AND CONSTRUCTION

12 For procurement, acquisition and construction of 

13 capital assets, including alteration and modification costs, 

14 of the National Oceanic and Atmospheric Administration, 

15 $217,619,000, to remain available until September 30, 

16 2015, except that funds provided for construction of facili17 ties shall remain available until expended: Provided, That 

18 of the $224,619,000 provided for in direct obligations 

19 under this heading, $217,619,000 is appropriated from 

20 the general fund and $7,000,000 is provided from recov21 eries of prior year obligations: Provided further, That any 

22 deviation from the amounts designated for specific activi23 ties in the report accompanying this Act, or any use of 

24 deobligated balances of funds provided under this heading 

25 in previous years, shall be subject to the procedures set 
15 

•S 2323 PCS

1 forth in section 505 of this Act: Provided further, That 

2 the Secretary of Commerce shall include in budget jus3 tification materials that the Secretary submits to Congress 

4 in support of the Department of Commerce budget (as 

5 submitted with the budget of the President under section 

6 1105(a) of title 31, United States Code) an estimate for 

7 each National Oceanic and Atmospheric Administration 

8 procurement, acquisition or construction project having a 

9 total of more than $5,000,000 and simultaneously the 

10 budget justification shall include an estimate of the budg11 etary requirements for each such project for each of the 

12 5 subsequent fiscal years: Provided further, That, within 

13 the amounts appropriated, $500,000 shall be transferred 

14 to the ‘‘Office of Inspector General’’ account for activities 

15 associated with carrying out investigations and audits re16 lated to satellite procurement, acquisition and construc17 tion: Provided further, That any remaining balances ap18 propriated for procurement of Geostationary Operational 

19 Environmental Satellite-R Series, Joint Polar Satellite 

20 System, Deep Space Climate Observatory, and Altimetry 

21 Mission (Jason-3) shall be transferred to and merged with 

22 ‘‘Operational Satellite Acquisition, National Aeronautics 

23 and Space Administration’’ under the same terms and re24 strictions as originally provided. 
16 

•S 2323 PCS

1 PACIFIC COASTAL SALMON RECOVERY

2 For necessary expenses associated with the restora3 tion of Pacific salmon populations, $65,000,000, to re4 main available until September 30, 2014: Provided, That 

5 of the funds provided herein the Secretary of Commerce 

6 may issue grants to the States of Washington, Oregon, 

7 Idaho, Nevada, California, and Alaska, and to the feder8 ally recognized tribes of the Columbia River and Pacific 

9 Coast (including Alaska) for projects necessary for con10 servation of salmon and steelhead populations that are 

11 listed as threatened or endangered, or that are identified 

12 by a State as at-risk to be so listed, for maintaining popu13 lations necessary for exercise of tribal treaty fishing rights 

14 or native subsistence fishing, or for conservation of Pacific 

15 coastal salmon and steelhead habitat, based on guidelines 

16 to be developed by the Secretary of Commerce: Provided 

17 further, That all funds shall be allocated based on sci18 entific and other merit principles and shall not be available 

19 for marketing activities: Provided further, That funds dis20 bursed to States shall be subject to a matching require21 ment of funds or documented in-kind contributions of at 

22 least 33 percent of the Federal funds. 

23 FISHERMEN’S CONTINGENCY FUND

24 For carrying out the provisions of title IV of Public 

25 Law 95–372, not to exceed $350,000, to be derived from 
17 

•S 2323 PCS

1 receipts collected pursuant to that Act, to remain available 

2 until expended. 

3 FISHERIES FINANCE PROGRAM ACCOUNT

4 Subject to section 502 of the Congressional Budget 

5 Act of 1974, during fiscal year 2013, obligations of direct 

6 loans may not exceed $24,000,000 for Individual Fishing 

7 Quota loans and not to exceed $59,000,000 for traditional 

8 direct loans as authorized by the Merchant Marine Act 

9 of 1936: Provided, That none of the funds made available 

10 under this heading may be used for direct loans for any 

11 new fishing vessel that will increase the harvesting capac12 ity in any United States fishery. 

13 DEPARTMENTAL MANAGEMENT

14 SALARIES AND EXPENSES

15 For expenses necessary for the departmental manage16 ment of the Department of Commerce provided for by law, 

17 including not to exceed $4,500 for official reception and 

18 representation, $56,000,000: Provided, That the Secretary 

19 of Commerce may use space provided by State, local, and 

20 other governmental entities, non-profit entities, or other 

21 businesses on a reimbursable or non-reimbursable basis to 

22 engage in activities that provide businesses and commu23 nities with information, advice, and referrals to Depart24 ment of Commerce programs. 
18 

•S 2323 PCS

1 RENOVATION AND MODERNIZATION

2 For expenses necessary for the renovation and mod3 ernization of Department of Commerce facilities, 

4 $2,040,000, to remain available until expended. 

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses of the Office of Inspector 

7 General in carrying out the provisions of the Inspector 

8 General Act of 1978 (5 U.S.C. App.), $28,753,000. 

9 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

10 SEC. 101. During the current fiscal year, applicable 

11 appropriations and funds made available to the Depart12 ment of Commerce by this Act shall be available for the 

13 activities specified in the Act of October 26, 1949 (15 

14 U.S.C. 1514), to the extent and in the manner prescribed 

15 by the Act, and, notwithstanding 31 U.S.C. 3324, may 

16 be used for advanced payments not otherwise authorized 

17 only upon the certification of officials designated by the 

18 Secretary of Commerce that such payments are in the 

19 public interest. 

20 SEC. 102. During the current fiscal year, appropria21 tions made available to the Department of Commerce by 

22 this Act for salaries and expenses shall be available for 

23 hire of passenger motor vehicles as authorized by 31 

24 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 
19 

•S 2323 PCS

1 3109; and uniforms or allowances therefor, as authorized 

2 by law (5 U.S.C. 5901–5902). 

3 SEC. 103. Not to exceed 5 percent of any appropria4 tion made available for the current fiscal year for the De5 partment of Commerce in this Act may be transferred be6 tween such appropriations, but no such appropriation shall 

7 be increased by more than 10 percent by any such trans8 fers: Provided, That any transfer pursuant to this section 

9 shall be treated as a reprogramming of funds under sec10 tion 505 of this Act and shall not be available for obliga11 tion or expenditure except in compliance with the proce12 dures set forth in that section: Provided further, That the 

13 Secretary of Commerce shall notify the Committees on Ap14 propriations at least 15 days in advance of the acquisition 

15 or disposal of any capital asset (including land, structures, 

16 and equipment) not specifically provided for in this Act 

17 or any other law appropriating funds for the Department 

18 of Commerce. 

19 SEC. 104. Any costs incurred by a department or 

20 agency funded under this title resulting from personnel 

21 actions taken in response to funding reductions included 

22 in this title or from actions taken for the care and protec23 tion of loan collateral or grant property shall be absorbed 

24 within the total budgetary resources available to such de25 partment or agency: Provided, That the authority to trans-
20 

•S 2323 PCS

1 fer funds between appropriations accounts as may be nec2 essary to carry out this section is provided in addition to 

3 authorities included elsewhere in this Act: Provided fur4 ther, That use of funds to carry out this section shall be 

5 treated as a reprogramming of funds under section 505 

6 of this Act and shall not be available for obligation or ex7 penditure except in compliance with the procedures set 

8 forth in that section. 

9 SEC. 105. The requirements set forth by section 105 

10 of division B of Public Law 112–55 are hereby adopted 

11 by reference. 

12 SEC. 106. Notwithstanding any other law, the Sec13 retary may furnish services (including but not limited to 

14 utilities, telecommunications, and security services) nec15 essary to support the operation, maintenance, and im16 provement of space that persons, firms or organizations 

17 are authorized pursuant to the Public Buildings Coopera18 tive Use Act of 1976 or other authority to use or occupy 

19 in the Herbert C. Hoover Building, Washington, DC, or 

20 other buildings, the maintenance, operation, and protec21 tion of which has been delegated to the Secretary from 

22 the Administrator of General Services pursuant to the 

23 Federal Property and Administrative Services Act of 

24 1949, as amended, on a reimbursable or non-reimbursable 

25 basis. Amounts received as reimbursement for services 
21 

•S 2323 PCS

1 provided under this section or the authority under which 

2 the use or occupancy of the space is authorized, up to 

3 $200,000, shall be credited to the appropriation or fund 

4 which initially bears the costs of such services. 

5 SEC. 107. Nothing in this title shall be construed to 

6 prevent a grant recipient from deterring child pornog7 raphy, copyright infringement, or any other unlawful ac8 tivity over its networks. 

9 SEC. 108. The Administrator of the National Oceanic 

10 and Atmospheric Administration is authorized to use, with 

11 their consent, with reimbursement and subject to the lim12 its of available appropriations, the land, services, equip13 ment, personnel, and facilities of any department, agency, 

14 or instrumentality of the United States, or of any State, 

15 local government, Indian tribal government, Territory or 

16 possession, or of any political subdivision thereof, or of 

17 any foreign government or international organization for 

18 purposes related to carrying out the responsibilities of any 

19 statute administered by the National Oceanic and Atmos20 pheric Administration. 

21 SEC. 109. Section 113(b)(3) of division B of Public 

22 Law 112–55 is amended by striking ‘‘2012’’ and inserting 

23 ‘‘2013’’. 

24 This title may be cited as the ‘‘Department of Com25 merce Appropriations Act, 2013’’. 
22 

•S 2323 PCS

1 TITLE II 

2 DEPARTMENT OF JUSTICE 

3 GENERAL ADMINISTRATION

4 SALARIES AND EXPENSES

5 For expenses necessary for the administration of the 

6 Department of Justice, $127,667,000, of which not to ex7 ceed $4,000,000 for security and construction of Depart8 ment of Justice facilities shall remain available until ex9 pended: Provided, That the Attorney General is authorized 

10 to transfer funds appropriated within General Administra11 tion to any office in this account: Provided further, That 

12 $18,614,000 is for Department Leadership; $10,233,000 

13 is for Intergovernmental Relations/External Affairs; 

14 $25,111,000 is for Executive Support/Professional Re15 sponsibility; and $73,709,000 is for the Justice Manage16 ment Division: Provided further, That any change in 

17 amounts specified in the preceding proviso greater than 

18 5 percent shall be submitted for approval to the House 

19 and Senate Committees on Appropriations consistent with 

20 the terms of section 505 of this Act: Provided further, 

21 That this transfer authority is in addition to transfers au22 thorized under section 505 of this Act. 

23 JUSTICE INFORMATION SHARING TECHNOLOGY

24 For necessary expenses for information sharing tech25 nology, including planning, development, deployment and 
23 

•S 2323 PCS

1 departmental direction, $33,426,000, to remain available 

2 until expended. 

3 ADMINISTRATIVE REVIEW AND APPEALS

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses necessary for the administration of par6 don and clemency petitions and immigration-related activi7 ties, $313,438,000, of which $4,000,000 shall be derived 

8 by transfer from the Executive Office for Immigration Re9 view fees deposited in the ‘‘Immigration Examinations 

10 Fee’’ account. 

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector 

13 General, $85,985,000, including not to exceed $10,000 to 

14 meet unforeseen emergencies of a confidential character. 

15 UNITED STATES PAROLE COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the United States Parole 

18 Commission as authorized, $12,772,000. 

19 LEGAL ACTIVITIES

20 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

21 For expenses necessary for the legal activities of the 

22 Department of Justice, not otherwise provided for, includ23 ing not to exceed $20,000 for expenses of collecting evi24 dence, to be expended under the direction of, and to be 

25 accounted for solely under the certificate of, the Attorney 
24 

•S 2323 PCS

1 General; and rent of private or Government-owned space 

2 in the District of Columbia, $903,603,000, of which not 

3 to exceed $10,000,000 for litigation support contracts 

4 shall remain available until expended: Provided, That of 

5 the total amount appropriated, not to exceed $9,000 shall 

6 be available to INTERPOL Washington for official recep7 tion and representation expenses: Provided further, That 

8 notwithstanding section 205 of this Act, upon a deter9 mination by the Attorney General that emergent cir10 cumstances require additional funding for litigation activi11 ties of the Civil Division, the Attorney General may trans12 fer such amounts to ‘‘Salaries and Expenses, General 

13 Legal Activities’’ from available appropriations for the 

14 current fiscal year for the Department of Justice, as may 

15 be necessary to respond to such circumstances: Provided 

16 further, That any transfer pursuant to the previous pro17 viso shall be treated as a reprogramming under section 

18 505 of this Act and shall not be available for obligation 

19 or expenditure except in compliance with the procedures 

20 set forth in that section: Provided further, That of the 

21 amount appropriated, such sums as may be necessary 

22 shall be available to reimburse the Office of Personnel 

23 Management for salaries and expenses associated with the 

24 election monitoring program under section 8 of the Voting 

25 Rights Act of 1965 (42 U.S.C. 1973f): Provided further, 
25 

•S 2323 PCS

1 That of the amounts provided under this heading for the 

2 election monitoring program, $3,390,000 shall remain 

3 available until expended. 

4 In addition, for reimbursement of expenses of the De5 partment of Justice associated with processing cases 

6 under the National Childhood Vaccine Injury Act of 1986, 

7 not to exceed $7,833,000, to be appropriated from the 

8 Vaccine Injury Compensation Trust Fund. 

9 SALARIES AND EXPENSES, ANTITRUST DIVISION

10 For expenses necessary for the enforcement of anti11 trust and kindred laws, $164,753,000, to remain available 

12 until expended: Provided, That notwithstanding any other 

13 provision of law, fees collected for premerger notification 

14 filings under the Hart-Scott-Rodino Antitrust Improve15 ments Act of 1976 (15 U.S.C. 18a), regardless of the year 

16 of collection (and estimated to be $115,000,000 in fiscal 

17 year 2013), shall be retained and used for necessary ex18 penses in this appropriation, and shall remain available 

19 until expended: Provided further, That the sum herein ap20 propriated from the general fund shall be reduced as such 

21 offsetting collections are received during fiscal year 2013, 

22 so as to result in a final fiscal year 2013 appropriation 

23 from the general fund estimated at $49,753,000. 
26 

•S 2323 PCS

1 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

2 For necessary expenses of the Offices of the United 

3 States Attorneys, including inter-governmental and coop4 erative agreements, $1,974,378,000: Provided, That of the 

5 total amount appropriated, not to exceed $7,200 shall be 

6 available for official reception and representation ex7 penses: Provided further, That not to exceed $25,000,000 

8 shall remain available until expended. 

9 UNITED STATES TRUSTEE SYSTEM FUND

10 For necessary expenses of the United States Trustee 

11 Program, as authorized, $227,407,000, to remain avail12 able until expended and to be derived from the United 

13 States Trustee System Fund: Provided, That notwith14 standing any other provision of law, deposits to the Fund 

15 shall be available in such amounts as may be necessary 

16 to pay refunds due depositors: Provided further, That, not17 withstanding any other provision of law, $227,407,000 of 

18 offsetting collections pursuant to 28 U.S.C. 589a(b) shall 

19 be retained and used for necessary expenses in this appro20 priation and shall remain available until expended: Pro21 vided further, That the sum herein appropriated from the 

22 Fund shall be reduced as such offsetting collections are 

23 received during fiscal year 2013, so as to result in a final 

24 fiscal year 2013 appropriation from the Fund estimated 

25 at $0. 
27 

•S 2323 PCS

1 SALARIES AND EXPENSES, FOREIGN CLAIMS

2 SETTLEMENT COMMISSION

3 For expenses necessary to carry out the activities of 

4 the Foreign Claims Settlement Commission, including 

5 services as authorized by section 3109 of title 5, United 

6 States Code, $2,139,000. 

7 FEES AND EXPENSES OF WITNESSES

8 For fees and expenses of witnesses, for expenses of 

9 contracts for the procurement and supervision of expert 

10 witnesses, for private counsel expenses, including ad11 vances, and for expenses of foreign counsel, $270,000,000, 

12 to remain available until expended, of which not to exceed 

13 $10,000,000 is for construction of buildings for protected 

14 witness safesites; not to exceed $3,000,000 is for the pur15 chase and maintenance of armored and other vehicles for 

16 witness security caravans; and not to exceed $11,000,000 

17 is for the purchase, installation, maintenance, and up18 grade of secure telecommunications equipment and a se19 cure automated information network to store and retrieve 

20 the identities and locations of protected witnesses. 

21 SALARIES AND EXPENSES, COMMUNITY RELATIONS

22 SERVICE

23 For necessary expenses of the Community Relations 

24 Service, $12,036,000: Provided, That notwithstanding sec25 tion 205 of this Act, upon a determination by the Attorney 
28 

•S 2323 PCS

1 General that emergent circumstances require additional 

2 funding for conflict resolution and violence prevention ac3 tivities of the Community Relations Service, the Attorney 

4 General may transfer such amounts to the Community Re5 lations Service, from available appropriations for the cur6 rent fiscal year for the Department of Justice, as may be 

7 necessary to respond to such circumstances: Provided fur8 ther, That any transfer pursuant to the preceding proviso 

9 shall be treated as a reprogramming under section 505 

10 of this Act and shall not be available for obligation or ex11 penditure except in compliance with the procedures set 

12 forth in that section. 

13 ASSETS FORFEITURE FUND

14 For expenses authorized by 28 U.S.C. 524(c)(1)(B), 

15 (F), and (G), $20,948,000, to be derived from the Depart16 ment of Justice Assets Forfeiture Fund. 

17 UNITED STATES MARSHALS SERVICE

18 SALARIES AND EXPENSES

19 For necessary expenses of the United States Mar20 shals Service, $1,203,488,000, of which not to exceed 

21 $6,000 shall be available for official reception and rep22 resentation expenses, and not to exceed $15,000,000 shall 

23 remain available until expended. 
29 

•S 2323 PCS

1 FEDERAL PRISONER DETENTION

2 For necessary expenses related to United States pris3 oners in the custody of the United States Marshals Service 

4 as authorized by 18 U.S.C. 4013, $1,668,235,000, to re5 main available until expended: Provided, That not to ex6 ceed $20,000,000 shall be considered ‘‘funds appropriated 

7 for State and local law enforcement assistance’’ pursuant 

8 to 18 U.S.C. 4013(b): Provided further, That the United 

9 States Marshals Service shall be responsible for managing 

10 the Justice Prisoner and Alien Transportation System: 

11 Provided further, That unobligated balances from the 

12 funds appropriated under the heading ‘‘General Adminis13 tration, Detention Trustee’’ shall be transferred to and 

14 merged with this account. 

15 CONSTRUCTION

16 For construction in space controlled, occupied or uti17 lized by the United States Marshals Service for prisoner 

18 holding and related support, $10,000,000, to remain avail19 able until expended. 

20 NATIONAL SECURITY DIVISION

21 SALARIES AND EXPENSES

22 For expenses necessary to carry out the activities of 

23 the National Security Division, $90,039,000; of which not 

24 to exceed $5,000,000 for information technology systems 

25 shall remain available until expended: Provided, That not-
30 

•S 2323 PCS

1 withstanding section 205 of this Act, upon a determina2 tion by the Attorney General that emergent circumstances 

3 require additional funding for the activities of the National 

4 Security Division, the Attorney General may transfer such 

5 amounts to this heading from available appropriations for 

6 the current fiscal year for the Department of Justice, as 

7 may be necessary to respond to such circumstances: Pro8 vided further, That any transfer pursuant to the preceding 

9 proviso shall be treated as a reprogramming under section 

10 505 of this Act and shall not be available for obligation 

11 or expenditure except in compliance with the procedures 

12 set forth in that section. 

13 INTERAGENCY LAW ENFORCEMENT

14 INTERAGENCY CRIME AND DRUG ENFORCEMENT

15 For necessary expenses for the identification, inves16 tigation, and prosecution of individuals associated with the 

17 most significant drug trafficking and affiliated money 

18 laundering organizations not otherwise provided for, to in19 clude inter-governmental agreements with State and local 

20 law enforcement agencies engaged in the investigation and 

21 prosecution of individuals involved in organized crime drug 

22 trafficking, $524,793,000, of which $50,000,000 shall re23 main available until expended: Provided, That any 

24 amounts obligated from appropriations under this heading 
31 

•S 2323 PCS

1 may be used under authorities available to the organiza2 tions reimbursed from this appropriation. 

3 FEDERAL BUREAU OF INVESTIGATION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Bureau of In6 vestigation for detection, investigation, and prosecution of 

7 crimes against the United States, $8,151,021,000, of 

8 which not to exceed $216,900,000 shall remain available 

9 until expended: Provided, That not to exceed $184,500 

10 shall be available for official reception and representation 

11 expenses. 

12 CONSTRUCTION

13 For necessary expenses, to include the cost of equip14 ment, furniture, and information technology requirements, 

15 related to construction or acquisition of buildings, facili16 ties and sites by purchase, or as otherwise authorized by 

17 law; conversion, modification, and extension of federally 

18 owned buildings; preliminary planning and design of 

19 projects; and operation and maintenance of secure work 

20 environment facilities and secure networking capabilities; 

21 $80,982,000, to remain available until expended. 

22 DRUG ENFORCEMENT ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Drug Enforcement Ad25 ministration, including not to exceed $70,000 to meet un-
32 

•S 2323 PCS

1 foreseen emergencies of a confidential character pursuant 

2 to 28 U.S.C. 530C; and expenses for conducting drug edu3 cation and training programs, including travel and related 

4 expenses for participants in such programs and the dis5 tribution of items of token value that promote the goals 

6 of such programs, $2,050,904,000; of which not to exceed 

7 $75,000,000 shall remain available until expended and not 

8 to exceed $90,000 shall be available for official reception 

9 and representation expenses. 

10 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

11 EXPLOSIVES

12 SALARIES AND EXPENSES

13 For necessary expenses of the Bureau of Alcohol, To14 bacco, Firearms and Explosives, for training of State and 

15 local law enforcement agencies with or without reimburse16 ment, including training in connection with the training 

17 and acquisition of canines for explosives and fire 

18 accelerants detection; and for provision of laboratory as19 sistance to State and local law enforcement agencies, with 

20 or without reimbursement, $1,153,345,000, of which not 

21 to exceed $36,000 shall be for official reception and rep22 resentation expenses, not to exceed $1,000,000 shall be 

23 available for the payment of attorneys’ fees as provided 

24 by section 924(d)(2) of title 18, United States Code, and 

25 not to exceed $15,000,000 shall remain available until ex-
33 

•S 2323 PCS

1 pended: Provided, That no funds appropriated herein shall 

2 be used to pay administrative expenses or the compensa3 tion of any officer or employee of the United States to 

4 implement an amendment or amendments to 27 CFR 

5 478.118 or to change the definition of ‘‘Curios or relics’’ 

6 in 27 CFR 478.11 or remove any item from ATF Publica7 tion 5300.11 as it existed on January 1, 1994: Provided 

8 further, That none of the funds appropriated herein shall 

9 be available to investigate or act upon applications for re10 lief from Federal firearms disabilities under 18 U.S.C. 

11 925(c): Provided further, That such funds shall be avail12 able to investigate and act upon applications filed by cor13 porations for relief from Federal firearms disabilities 

14 under section 925(c) of title 18, United States Code: Pro15 vided further, That no funds made available by this or any 

16 other Act may be used to transfer the functions, missions, 

17 or activities of the Bureau of Alcohol, Tobacco, Firearms 

18 and Explosives to other agencies or Departments: Pro19 vided further, That no funds made available by this or any 

20 other Act shall be expended to promulgate or implement 

21 any rule requiring a physical inventory of any business li22 censed under section 923 of title 18, United States Code: 

23 Provided further, That no funds authorized or made avail24 able under this or any other Act may be used to deny any 

25 application for a license under section 923 of title 18, 
34 

•S 2323 PCS

1 United States Code, or renewal of such a license due to 

2 a lack of business activity, provided that the applicant is 

3 otherwise eligible to receive such a license, and is eligible 

4 to report business income or to claim an income tax deduc5 tion for business expenses under the Internal Revenue 

6 Code of 1986. 

7 FEDERAL PRISON SYSTEM

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses of the Federal Prison System 

11 for the administration, operation, and maintenance of 

12 Federal penal and correctional institutions, including pur13 chase (not to exceed 835, of which 808 are for replacement 

14 only) and hire of law enforcement and passenger motor 

15 vehicles, and for the provision of technical assistance and 

16 advice on corrections related issues to foreign govern17 ments, $6,820,217,000: Provided, That the Attorney Gen18 eral may transfer to the Health Resources and Services 

19 Administration such amounts as may be necessary for di20 rect expenditures by that Administration for medical relief 

21 for inmates of Federal penal and correctional institutions: 

22 Provided further, That the Director of the Federal Prison 

23 System, where necessary, may enter into contracts with 

24 a fiscal agent or fiscal intermediary claims processor to 

25 determine the amounts payable to persons who, on behalf 
35 

•S 2323 PCS

1 of the Federal Prison System, furnish health services to 

2 individuals committed to the custody of the Federal Prison 

3 System: Provided further, That not to exceed $5,400 shall 

4 be available for official reception and representation ex5 penses: Provided further, That not to exceed $50,000,000 

6 shall remain available for necessary operations until Sep7 tember 30, 2014: Provided further, That, of the amounts 

8 provided for contract confinement, not to exceed 

9 $20,000,000 shall remain available until expended to 

10 make payments in advance for grants, contracts and reim11 bursable agreements, and other expenses authorized by 

12 section 501(c) of the Refugee Education Assistance Act 

13 of 1980 (8 U.S.C. 1522 note), for the care and security 

14 in the United States of Cuban and Haitian entrants: Pro15 vided further, That the Director of the Federal Prison Sys16 tem may accept donated property and services relating to 

17 the operation of the prison card program from a not-for18 profit entity which has operated such program in the past 

19 notwithstanding the fact that such not-for-profit entity 

20 furnishes services under contracts to the Federal Prison 

21 System relating to the operation of pre-release services, 

22 halfway houses, or other custodial facilities. 

23 BUILDINGS AND FACILITIES

24 For planning, acquisition of sites and construction of 

25 new facilities; purchase and acquisition of facilities and re-
36 

•S 2323 PCS

1 modeling, and equipping of such facilities for penal and 

2 correctional use, including all necessary expenses incident 

3 thereto, by contract or force account; and constructing, 

4 remodeling, and equipping necessary buildings and facili5 ties at existing penal and correctional institutions, includ6 ing all necessary expenses incident thereto, by contract or 

7 force account, $99,189,000, to remain available until ex8 pended, of which not less than $73,796,000 shall be avail9 able only for modernization, maintenance and repair, and 

10 of which not to exceed $14,000,000 shall be available to 

11 construct areas for inmate work programs: Provided, That 

12 labor of United States prisoners may be used for work 

13 performed under this appropriation. 

14 FEDERAL PRISON INDUSTRIES, INCORPORATED

15 The Federal Prison Industries, Incorporated, is here16 by authorized to make such expenditures, within the limits 

17 of funds and borrowing authority available, and in accord 

18 with the law, and to make such contracts and commit19 ments, without regard to fiscal year limitations as pro20 vided by section 9104 of title 31, United States Code, as 

21 may be necessary in carrying out the program set forth 

22 in the budget for the current fiscal year for such corpora23 tion, including purchase (not to exceed five for replace24 ment only) and hire of passenger motor vehicles. 
37 

•S 2323 PCS

1 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

2 PRISON INDUSTRIES, INCORPORATED

3 Not to exceed $2,700,000 of the funds of the Federal 

4 Prison Industries, Incorporated shall be available for its 

5 administrative expenses, and for services as authorized by 

6 section 3109 of title 5, United States Code, to be com7 puted on an accrual basis to be determined in accordance 

8 with the corporation’s current prescribed accounting sys9 tem, and such amounts shall be exclusive of depreciation, 

10 payment of claims, and expenditures which such account11 ing system requires to be capitalized or charged to cost 

12 of commodities acquired or produced, including selling and 

13 shipping expenses, and expenses in connection with acqui14 sition, construction, operation, maintenance, improvement, 

15 protection, or disposition of facilities and other property 

16 belonging to the corporation or in which it has an interest. 

17 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

18 OFFICE ON VIOLENCE AGAINST WOMEN

19 VIOLENCE AGAINST WOMEN PREVENTION AND

20 PROSECUTION PROGRAMS

21 For grants, contracts, cooperative agreements, and 

22 other assistance for the prevention and prosecution of vio23 lence against women, as authorized by the Omnibus Crime 

24 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 

25 et seq.) (‘‘the 1968 Act’’); the Violent Crime Control and 
38 

•S 2323 PCS

1 Law Enforcement Act of 1994 (Public Law 103–322) 

2 (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 

3 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecu4 torial Remedies and Other Tools to end the Exploitation 

5 of Children Today Act of 2003 (Public Law 108–21); the 

6 Juvenile Justice and Delinquency Prevention Act of 1974 

7 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims 

8 of Trafficking and Violence Protection Act of 2000 (Public 

9 Law 106–386) (‘‘the 2000 Act’’); and the Violence 

10 Against Women and Department of Justice Reauthoriza11 tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); 

12 and for related victims services, $412,500,000, to remain 

13 available until expended: Provided, That except as other14 wise provided by law, not to exceed 3 percent of funds 

15 made available under this heading may be used for ex16 penses related to evaluation, training, and technical assist17 ance: Provided further, That of the amount provided— 

18 (1) $189,000,000 is for grants to combat vio19 lence against women, as authorized by part T of the 

20 1968 Act; 

21 (2) $25,000,000 is for transitional housing as22 sistance grants for victims of domestic violence, 

23 stalking or sexual assault as authorized by section 

24 40299 of the 1994 Act; 
39 

•S 2323 PCS

1 (3) $3,000,000 is for the National Institute of 

2 Justice for research and evaluation of violence 

3 against women and related issues addressed by 

4 grant programs of the Office on Violence Against 

5 Women, which may be transferred to ‘‘Research, 

6 Evaluation, and Statistics’’ for administration by the 

7 Office of Justice Programs; 

8 (4) $10,000,000 is for a grant program to pro9 vide services to advocate for and respond to youth 

10 victims of domestic violence, dating violence, sexual 

11 assault, and stalking; assistance to children and 

12 youth exposed to such violence; programs to engage 

13 men and youth in preventing such violence; and as14 sistance to middle and high school students through 

15 education and other services related to such violence: 

16 Provided, That unobligated balances available for the 

17 programs authorized by sections 41201, 41204, 

18 41303 and 41305 of the 1994 Act shall be available 

19 for this program: Provided further, That 10 percent 

20 of the total amount available for this grant program 

21 shall be available for grants under the program au22 thorized by section 2015 of the 1968 Act: Provided 

23 further, That the definitions and grant conditions in 

24 section 40002 of the 1994 Act shall apply to this 

25 program; 
40 

•S 2323 PCS

1 (5) $50,000,000 is for grants to encourage ar2 rest policies as authorized by part U of the 1968 

3 Act, of which $4,000,000 is for a homicide reduction 

4 initiative; 

5 (6) $25,000,000 is for sexual assault victims 

6 assistance, as authorized by section 41601 of the 

7 1994 Act; 

8 (7) $35,000,000 is for rural domestic violence 

9 and child abuse enforcement assistance grants, as 

10 authorized by section 40295 of the 1994 Act; 

11 (8) $9,000,000 is for grants to reduce violent 

12 crimes against women on campus, as authorized by 

13 section 304 of the 2005 Act; 

14 (9) $39,000,000 is for legal assistance for vic15 tims, as authorized by section 1201 of the 2000 Act; 

16 (10) $4,250,000 is for enhanced training and 

17 services to end violence against and abuse of women 

18 in later life, as authorized by section 40802 of the 

19 1994 Act; 

20 (11) $15,000,000 is for a grant program to 

21 support families in the justice system, including for 

22 the purposes described in the safe havens for chil23 dren program, as authorized by section 1301 of the 

24 2000 Act, and the court training and improvements 
41 

•S 2323 PCS

1 program, as authorized by section 41002 of the 

2 1994 Act; 

3 (12) $5,750,000 is for education and training 

4 to end violence against and abuse of women with 

5 disabilities, as authorized by section 1402 of the 

6 2000 Act; 

7 (13) $1,000,000 is for the National Resource 

8 Center on Workplace Responses to assist victims of 

9 domestic violence, as authorized by section 41501 of 

10 the 1994 Act; 

11 (14) $1,000,000 is for analysis and research on 

12 violence against Indian women, including as author13 ized by section 904 of the 2005 Act: Provided, That 

14 such funds may be transferred to ‘‘Research, Eval15 uation, and Statistics’’ for administration by the Of16 fice of Justice Programs; and 

17 (15) $500,000 is for the Office on Violence 

18 Against Women to establish a national clearinghouse 

19 that provides training and technical assistance on 

20 issues relating to sexual assault of American Indian 

21 and Alaska Native women. 

22 OFFICE OF JUSTICE PROGRAMS

23 RESEARCH, EVALUATION, AND STATISTICS

24 For grants, contracts, cooperative agreements, and 

25 other assistance authorized by title I of the Omnibus 
42 

•S 2323 PCS

1 Crime Control and Safe Streets Act of 1968 (‘‘the 1968 

2 Act’’); the Juvenile Justice and Delinquency Prevention 

3 Act of 1974 (‘‘the 1974 Act’’); the Missing Children’s As4 sistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 

5 Remedies and Other Tools to end the Exploitation of Chil6 dren Today Act of 2003 (Public Law 108–21); the Justice 

7 for All Act of 2004 (Public Law 108–405); the Violence 

8 Against Women and Department of Justice Reauthoriza9 tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); 

10 the Victims of Child Abuse Act of 1990 (Public Law 101– 

11 647); the Second Chance Act of 2007 (Public Law 110– 

12 199); the Victims of Crime Act of 1984 (Public Law 98– 

13 473); the Adam Walsh Child Protection and Safety Act 

14 of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); 

15 the PROTECT Our Children Act of 2008 (Public Law 

16 110–401); subtitle D of title II of the Homeland Security 

17 Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the 

18 NICS Improvement Amendments Act of 2007 (Public 

19 Law 110–180); and other programs; $126,000,000, to re20 main available until expended, of which— 

21 (1) $50,000,000 is for criminal justice statistics 

22 programs, and other activities, as authorized by part 

23 C of title I of the 1968 Act, of which $36,000,000 

24 is for the administration and redesign of the Na25 tional Crime Victimization Survey; 
43 

•S 2323 PCS

1 (2) $45,000,000 is for research, development, 

2 and evaluation programs, and other activities as au3 thorized by part B of title I of the 1968 Act and 

4 subtitle D of title II of the 2002 Act: Provided, That 

5 of the amounts provided under this heading, 

6 $5,000,000 is transferred directly to the National 

7 Institute of Standards and Technology’s Office of 

8 Law Enforcement Standards from the National In9 stitute of Justice for research, testing and evaluation 

10 programs; 

11 (3) $1,000,000 is for an evaluation clearing12 house program; and 

13 (4) $30,000,000 is for regional information 

14 sharing activities, as authorized by part M of title I 

15 of the 1968 Act. 

16 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

17 For grants, contracts, cooperative agreements, and 

18 other assistance authorized by the Violent Crime Control 

19 and Law Enforcement Act of 1994 (Public Law 103–322) 

20 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 

21 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All 

22 Act of 2004 (Public Law 108–405); the Victims of Child 

23 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 

24 Act’’); the Trafficking Victims Protection Reauthorization 

25 Act of 2005 (Public Law 109–164); the Violence Against 
44 

•S 2323 PCS

1 Women and Department of Justice Reauthorization Act 

2 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the 

3 Adam Walsh Child Protection and Safety Act of 2006 

4 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Vic5 tims of Trafficking and Violence Protection Act of 2000 

6 (Public Law 106–386); the NICS Improvement Amend7 ments Act of 2007 (Public Law 110–180); subtitle D of 

8 title II of the Homeland Security Act of 2002 (Public Law 

9 107–296) (‘‘the 2002 Act’’); the Second Chance Act of 

10 2007 (Public Law 110–199); the Prioritizing Resources 

11 and Organization for Intellectual Property Act of 2008 

12 (Public Law 110–403); the Victims of Crime Act of 1984 

13 (Public Law 98–473); the Mentally Ill Offender Treat14 ment and Crime Reduction Reauthorization and Improve15 ment Act of 2008 (Public Law 110–416); and other pro16 grams; $1,058,918,000, to remain available until ex17 pended as follows— 

18 (1) $392,418,000 for the Edward Byrne Memo19 rial Justice Assistance Grant program as authorized 

20 by subpart 1 of part E of title I of the 1968 Act 

21 (except that section 1001(c), and the special rules 

22 for Puerto Rico under section 505(g), of title I of 

23 the 1968 Act shall not apply for purposes of this 

24 Act), of which, notwithstanding such subpart 1, 

25 $2,000,000 is for a program to improve State and 
45 

•S 2323 PCS

1 local law enforcement intelligence capabilities includ2 ing antiterrorism training and training to ensure 

3 that constitutional rights, civil liberties, civil rights, 

4 and privacy interests are protected throughout the 

5 intelligence process, $4,000,000 is for a State, local, 

6 and tribal assistance help desk and diagnostic center 

7 program, $5,000,000 is for a Preventing Violence 

8 Against Law Enforcement Officer Resilience and 

9 Survivability Initiative (VALOR), and $6,000,000 is 

10 for a criminal justice reform and recidivism reduc11 tion program; 

12 (2) $255,000,000 for the State Criminal Alien 

13 Assistance Program, as authorized by section 

14 241(i)(5) of the Immigration and Nationality Act (8 

15 U.S.C. 1231(i)(5)): Provided, That no jurisdiction 

16 shall request compensation for any cost greater than 

17 the actual cost for Federal immigration and other 

18 detainees housed in State and local detention facili19 ties; 

20 (3) $10,000,000 for a border prosecutor initia21 tive to reimburse State, county, parish, tribal, or 

22 municipal governments for costs associated with the 

23 prosecution of criminal cases declined by local offices 

24 of the United States Attorneys; 
46 

•S 2323 PCS

1 (4) $18,000,000 for competitive grants to im2 prove the functioning of the criminal justice system, 

3 to prevent or combat juvenile delinquency, and to as4 sist victims of crime (other than compensation); 

5 (5) $10,500,000 for victim services programs 

6 for victims of trafficking, as authorized by section 

7 107(b)(2) of Public Law 106–386, and for programs 

8 authorized under Public Law 109–164: Provided, 

9 That no less than $4,700,000 shall be for victim 

10 services grants for foreign national victims of traf11 ficking; 

12 (6) $35,000,000 for Drug Courts, as authorized 

13 by section 1001(a)(25)(A) of title I of the 1968 Act; 

14 (7) $9,000,000 for mental health courts and 

15 adult and juvenile collaboration program grants, as 

16 authorized by parts V and HH of title I of the 1968 

17 Act, and the Mentally Ill Offender Treatment and 

18 Crime Reduction Reauthorization and Improvement 

19 Act of 2008 (Public Law 110–416); 

20 (8) $10,000,000 for grants for Residential Sub21 stance Abuse Treatment for State Prisoners, as au22 thorized by part S of title I of the 1968 Act; 

23 (9) $3,000,000 for the Capital Litigation Im24 provement Grant Program, as authorized by section 
47 

•S 2323 PCS

1 426 of Public Law 108–405, and for grants for 

2 wrongful conviction review; 

3 (10) $11,000,000 for economic, high technology 

4 and Internet crime prevention grants, including as 

5 authorized by section 401 of Public Law 110–403, 

6 of which no less than $3,700,000 is for intellectual 

7 property enforcement grants; 

8 (11) $4,000,000 for a student loan repayment 

9 assistance program pursuant to section 952 of Pub10 lic Law 110–315; 

11 (12) $20,000,000 for sex offender management 

12 assistance, as authorized by the Adam Walsh Act 

13 and the Violent Crime Control Act of 1994 (Public 

14 Law 103–322) and related activities; 

15 (13) $15,000,000 for an initiative relating to 

16 children exposed to violence; 

17 (14) $20,000,000 for an Edward Byrne Memo18 rial criminal justice innovation program, of which 

19 not more than $2,000,000 may be used for activities 

20 supporting a review of criminal justice system poli21 cies and strategies; 

22 (15) $24,000,000 for the matching grant pro23 gram for law enforcement armor vests, as authorized 

24 by section 2501 of title I of the 1968 Act: Provided, 

25 That $1,500,000 is transferred directly to the Na-
48 

•S 2323 PCS

1 tional Institute of Standards and Technology’s Of2 fice of Law Enforcement Standards for research, 

3 testing and evaluation programs; 

4 (16) $1,000,000 for the National Sex Offender 

5 Public Web site; 

6 (17) $5,000,000 for competitive and evidence7 based programs to reduce gun crime and gang vio8 lence; 

9 (18) $7,000,000 for grants to assist State and 

10 tribal governments and related activities as author11 ized by the NICS Improvement Amendments Act of 

12 2007 (Public Law 110–180); 

13 (19) $6,000,000 for the National Criminal His14 tory Improvement Program for grants to upgrade 

15 criminal records; 

16 (20) $12,000,000 for Paul Coverdell Forensic 

17 Sciences Improvement Grants under part BB of title 

18 I of the 1968 Act; 

19 (21) $125,000,000 for DNA-related and foren20 sic programs and activities, of which— 

21 (A) $117,000,000 is for a DNA analysis 

22 and capacity enhancement program and for 

23 other local, State, and Federal forensic activi24 ties, including the purposes authorized under 

25 section 2 of the DNA Analysis Backlog Elimi-
49 

•S 2323 PCS

1 nation Act of 2000 (the Debbie Smith DNA 

2 Backlog Grant Program): Provided, That up to 

3 4 percent of funds made available under this 

4 paragraph may be used for the purposes de5 scribed in the DNA Training and Education for 

6 Law Enforcement, Correctional Personnel, and 

7 Court Officers program (Public Law 108–405, 

8 section 303); 

9 (B) $4,000,000 is for the purposes de10 scribed in the Kirk Bloodsworth Post-Convic11 tion DNA Testing Program (Public Law 108– 

12 405, section 412); and 

13 (C) $4,000,000 is for Sexual Assault Fo14 rensic Exam Program Grants, including as au15 thorized by section 304 of Public Law 108–405; 

16 (22) $6,000,000 for the court-appointed special 

17 advocate program, as authorized by section 217 of 

18 the 1990 Act; 

19 (23) $35,000,000 for assistance to Indian 

20 tribes; and 

21 (24) $25,000,000 for offender reentry programs 

22 and research, as authorized by the Second Chance 

23 Act of 2007 (Public Law 110–199), of which not to 

24 exceed $4,000,000 is for a program to improve 
50 

•S 2323 PCS

1 State, local, and tribal probation supervision efforts 

2 and strategies: 

3 Provided, That if a unit of local government uses any of 

4 the funds made available under this heading to increase 

5 the number of law enforcement officers, the unit of local 

6 government will achieve a net gain in the number of law 

7 enforcement officers who perform non-administrative pub8 lic sector safety service. 

9 JUVENILE JUSTICE PROGRAMS

10 For grants, contracts, cooperative agreements, and 

11 other assistance authorized by the Juvenile Justice and 

12 Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the 

13 Omnibus Crime Control and Safe Streets Act of 1968 

14 (‘‘the 1968 Act’’); the Violence Against Women and De15 partment of Justice Reauthorization Act of 2005 (Public 

16 Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s 

17 Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 

18 Remedies and Other Tools to end the Exploitation of Chil19 dren Today Act of 2003 (Public Law 108–21); the Victims 

20 of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 

21 1990 Act’’); the Adam Walsh Child Protection and Safety 

22 Act of 2006 (Public Law 109–248) (‘‘the Adam Walsh 

23 Act’’); the PROTECT Our Children Act of 2008 (Public 

24 Law 110–401); and other juvenile justice programs, 
51 

•S 2323 PCS

1 $278,000,000, to remain available until expended as fol2 lows— 

3 (1) $55,000,000 for programs authorized by 

4 section 221 of the 1974 Act, and for training and 

5 technical assistance to assist small, non-profit orga6 nizations with the Federal grants process: Provided, 

7 That of the amounts provided under this paragraph, 

8 $500,000 shall be for a competitive demonstration 

9 grant program to support emergency planning 

10 among State, local and tribal juvenile justice resi11 dential facilities; 

12 (2) $61,000,000 for youth mentoring grants; 

13 (3) $30,000,000 for delinquency prevention, as 

14 authorized by section 505 of the 1974 Act, of which, 

15 pursuant to sections 261 and 262 thereof— 

16 (A) $10,000,000 shall be for the Tribal 

17 Youth Program; 

18 (B) $5,000,000 shall be for gang and 

19 youth violence education, prevention and inter20 vention, and related activities; and 

21 (C) $10,000,000 shall be for programs and 

22 activities to enforce State laws prohibiting the 

23 sale of alcoholic beverages to minors or the pur24 chase or consumption of alcoholic beverages by 

25 minors, for prevention and reduction of con-
52 

•S 2323 PCS

1 sumption of alcoholic beverages by minors, and 

2 for technical assistance and training; 

3 (4) $19,000,000 for programs authorized by 

4 the Victims of Child Abuse Act of 1990; 

5 (5) $30,000,000 for the Juvenile Accountability 

6 Block Grants program as authorized by part R of 

7 title I of the 1968 Act and Guam shall be considered 

8 a State; 

9 (6) $14,000,000 for community-based violence 

10 prevention initiatives; 

11 (7) $65,000,000 for missing and exploited chil12 dren programs, including as authorized by sections 

13 404(b) and 405(a) of the 1974 Act, of which 

14 $21,000,000 is for Internet crimes against children 

15 grants and activities as authorized by Public Law 

16 110–401; 

17 (8) $2,000,000 for child abuse training pro18 grams for judicial personnel and practitioners, as 

19 authorized by section 222 of the 1990 Act; and 

20 (9) $2,000,000 for grants and technical assist21 ance in support of the National Forum on Youth Vi22 olence Prevention: 

23 Provided, That not more than 10 percent of each amount 

24 may be used for research, evaluation, and statistics activi25 ties designed to benefit the programs or activities author-
53 

•S 2323 PCS

1 ized: Provided further, That not more than 2 percent of 

2 each amount may be used for training and technical as3 sistance: Provided further, That the previous two provisos 

4 shall not apply to grants and projects authorized by sec5 tions 261 and 262 of the 1974 Act. 

6 PUBLIC SAFETY OFFICER BENEFITS

7 For payments and expenses authorized under section 

8 1001(a)(4) of title I of the Omnibus Crime Control and 

9 Safe Streets Act of 1968, such sums as are necessary (in10 cluding amounts for administrative costs), to remain avail11 able until expended; and $16,300,000 for payments au12 thorized by section 1201(b) of such Act and for edu13 cational assistance authorized by section 1218 of such Act, 

14 to remain available until expended: Provided, That not15 withstanding section 205 of this Act, upon a determina16 tion by the Attorney General that emergent circumstances 

17 require additional funding for such disability and edu18 cation payments, the Attorney General may transfer such 

19 amounts to ‘‘Public Safety Officer Benefits’’ from avail20 able appropriations for the Department of Justice as may 

21 be necessary to respond to such circumstances: Provided 

22 further, That any transfer pursuant to the previous pro23 viso shall be treated as a reprogramming under section 

24 505 of this Act and shall not be available for obligation 
54 

•S 2323 PCS

1 or expenditure except in compliance with the procedures 

2 set forth in that section. 

3 COMMUNITY ORIENTED POLICING SERVICES

4 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

5 For activities authorized by the Violent Crime Con6 trol and Law Enforcement Act of 1994 (Public Law 103– 

7 322); the Omnibus Crime Control and Safe Streets Act 

8 of 1968 (‘‘the 1968 Act’’); and the Violence Against 

9 Women and Department of Justice Reauthorization Act 

10 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’), 

11 $247,500,000, to remain available until expended: Pro12 vided, That any balances made available through prior 

13 year deobligations shall only be available in accordance 

14 with section 505 of this Act. Of the amounts provided 

15 under this heading: 

16 (1) $12,500,000 is for anti-methamphetamine17 related activities, which shall be transferred to the 

18 Drug Enforcement Administration upon enactment 

19 of this Act; 

20 (2) $20,000,000 is for improving tribal law en21 forcement, including hiring, equipment, training, and 

22 anti-methamphetamine activities; and 

23 (3) $215,000,000 is for grants under section 

24 1701 of title I of the 1968 Act (42 U.S.C. 3796dd) 

25 for the hiring and rehiring of additional career law 
55 

•S 2323 PCS

1 enforcement officers under part Q of such title not2 withstanding subsections (i) and (h) of such section: 

3 Provided, That notwithstanding 42 U.S.C. 3796dd– 

4 3(c), funding for hiring or rehiring a career law en5 forcement officer may not exceed $125,000, unless 

6 the Director of the Office of Community Oriented 

7 Policing Services grants a waiver from this limita8 tion: Provided further, That within the amounts ap9 propriated, $15,000,000 shall be transferred to the 

10 Tribal Resources Grant Program to be used for the 

11 hiring and rehiring of tribal law enforcement offi12 cers: Provided further, That of the amounts appro13 priated under this paragraph, $10,000,000 is for 

14 community policing development activities in fur15 therance of the purposes in section 1701: Provided 

16 further, That, of the amounts appropriated under 

17 this paragraph, notwithstanding subsections (f) and 

18 (h) of section 1701 of title I of the 1968 Act, 5 per19 cent may be awarded at the discretion of the Attor20 ney General to address special needs, contingencies, 

21 and requirements. 

22 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

23 SEC. 201. In addition to amounts otherwise made 

24 available in this title for official reception and representa25 tion expenses, a total of not to exceed $50,000 from funds 
56 

•S 2323 PCS

1 appropriated to the Department of Justice in this title 

2 shall be available to the Attorney General for official re3 ception and representation expenses. 

4 SEC. 202. None of the funds appropriated by this 

5 title shall be available to pay for an abortion, except where 

6 the life of the mother would be endangered if the fetus 

7 were carried to term, or in the case of rape: Provided, 

8 That should this prohibition be declared unconstitutional 

9 by a court of competent jurisdiction, this section shall be 

10 null and void. 

11 SEC. 203. None of the funds appropriated under this 

12 title shall be used to require any person to perform, or 

13 facilitate in any way the performance of, any abortion. 

14 SEC. 204. Nothing in the preceding section shall re15 move the obligation of the Director of the Bureau of Pris16 ons to provide escort services necessary for a female in17 mate to receive such service outside the Federal facility: 

18 Provided, That nothing in this section in any way dimin19 ishes the effect of section 203 intended to address the phil20 osophical beliefs of individual employees of the Bureau of 

21 Prisons. 

22 SEC. 205. Not to exceed 5 percent of any appropria23 tion made available for the current fiscal year for the De24 partment of Justice in this Act may be transferred be25 tween such appropriations, but no such appropriation, ex-
57 

•S 2323 PCS

1 cept as otherwise specifically provided, shall be increased 

2 by more than 10 percent by any such transfers: Provided, 

3 That any transfer pursuant to this section shall be treated 

4 as a reprogramming of funds under section 505 of this 

5 Act and shall not be available for obligation except in com6 pliance with the procedures set forth in that section. 

7 SEC. 206. The Attorney General is authorized to ex8 tend through September 30, 2014, the Personnel Manage9 ment Demonstration Project transferred to the Attorney 

10 General pursuant to section 1115 of the Homeland Secu11 rity Act of 2002, Public Law 107–296 (28 U.S.C. 599B) 

12 without limitation on the number of employees or the posi13 tions covered. 

14 SEC. 207. Notwithstanding any other provision of 

15 law, Public Law 102–395 section 102(b) shall extend to 

16 the Bureau of Alcohol, Tobacco, Firearms and Explosives 

17 in the conduct of undercover investigative operations and 

18 shall apply without fiscal year limitation with respect to 

19 any undercover investigative operation by the Bureau of 

20 Alcohol, Tobacco, Firearms and Explosives that is nec21 essary for the detection and prosecution of crimes against 

22 the United States. 

23 SEC. 208. None of the funds made available to the 

24 Department of Justice in this Act may be used for the 

25 purpose of transporting an individual who is a prisoner 
58 

•S 2323 PCS

1 pursuant to conviction for crime under State or Federal 

2 law and is classified as a maximum or high security pris3 oner, other than to a prison or other facility certified by 

4 the Federal Bureau of Prisons as appropriately secure for 

5 housing such a prisoner. 

6 SEC. 209. (a) None of the funds appropriated by this 

7 Act may be used by Federal prisons to purchase cable tele8 vision services, to rent or purchase videocassettes, video9 cassette recorders, digital versatile disc technology, Blu10 ray Disc technology, satellite television, or other audio11 visual or electronic equipment used primarily for rec12 reational purposes. 

13 (b) The preceding sentence does not preclude the 

14 renting, maintenance, or purchase of audiovisual or elec15 tronic equipment for inmate training, religious, or edu16 cational programs. 

17 SEC. 210. None of the funds made available under 

18 this title shall be obligated or expended for any new or 

19 enhanced information technology program having total es20 timated development costs in excess of $100,000,000, un21 less the Deputy Attorney General and the investment re22 view board certify to the Committees on Appropriations 

23 that the information technology program has appropriate 

24 program management controls and contractor oversight 

25 mechanisms in place, and that the program is compatible 
59 

•S 2323 PCS

1 with the enterprise architecture of the Department of Jus2 tice. 

3 SEC. 211. The notification thresholds and procedures 

4 set forth in section 505 of this Act shall apply to devi5 ations from the amounts designated for specific activities 

6 in this Act and accompanying report, and to any use of 

7 deobligated balances of funds provided under this title in 

8 previous years. 

9 SEC. 212. None of the funds appropriated by this Act 

10 may be used to plan for, begin, continue, finish, process, 

11 or approve a public-private competition under the Office 

12 of Management and Budget Circular A–76 or any suc13 cessor administrative regulation, directive, or policy for 

14 work performed by employees of the Bureau of Prisons 

15 or of Federal Prison Industries, Incorporated. 

16 SEC. 213. Notwithstanding any other provision of 

17 law, no funds shall be available for the salary, benefits, 

18 or expenses of any United States Attorney assigned dual 

19 or additional responsibilities by the Attorney General or 

20 his designee that exempt that United States Attorney 

21 from the residency requirements of 28 U.S.C. 545. 

22 SEC. 214. At the discretion of the Attorney General, 

23 and in addition to any amounts that otherwise may be 

24 available (or authorized to be made available) by law, with 

25 respect to funds appropriated by this title under the head-
60 

•S 2323 PCS

1 ings ‘‘Research, Evaluation, and Statistics’’, ‘‘State and 

2 Local Law Enforcement Assistance’’, and ‘‘Juvenile Jus3 tice Programs’’— 

4 (1) Up to 3 percent of funds made available to 

5 the Office of Justice Programs for grant or reim6 bursement programs may be used by such Office to 

7 provide training and technical assistance; and 

8 (2) Up to 2 percent of funds made available for 

9 grant or reimbursement programs under such head10 ings, except for amounts appropriated specifically for 

11 research, evaluation, or statistical programs adminis12 tered by the National Institute of Justice and the 

13 Bureau of Justice Statistics, shall be transferred to 

14 and merged with funds provided to the National In15 stitute of Justice and the Bureau of Justice Statis16 tics, to be used by them for research, evaluation or 

17 statistical purposes, without regard to the authoriza18 tions for such grant or reimbursement programs, 

19 and of such amounts, $1,300,000 shall be trans20 ferred to the Bureau of Prisons for Federal inmate 

21 research and evaluation purposes. 

22 SEC. 215. The Attorney General may, upon request 

23 by a grantee and based upon a determination of fiscal 

24 hardship, waive the requirements of sections 2976(g)(1), 

25 2978(e)(1) and (2), and 2904 of title I of the Omnibus 
61 

•S 2323 PCS

1 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

2 3797w(g)(1), 3797w–2(e)(1) and (2), 3797q–3) with re3 spect to funds appropriated in this or any other Act mak4 ing appropriations for fiscal years 2010 through 2013 for 

5 Adult and Juvenile Offender State and Local Reentry 

6 Demonstration Projects and State, Tribal, and Local Re7 entry Courts authorized under part FF of title I of such 

8 Act of 1968, and the Prosecution Drug Treatment Alter9 natives to Prison Program authorized under part CC of 

10 such Act. 

11 SEC. 216. Notwithstanding any other provision of 

12 law, section 20109(a), in subtitle A of title II of the Vio13 lent Crime Control and Law Enforcement Act of 1994 (42 

14 U.S.C. 13709(a)), shall not apply to amounts made avail15 able by this title. 

16 SEC. 217. None of the funds made available under 

17 this Act, other than for the national instant criminal back18 ground check system established under section 103 of the 

19 Brady Handgun Violence Prevention Act, may be used by 

20 a Federal law enforcement officer to facilitate the transfer 

21 of an operable firearm to an individual if the Federal law 

22 enforcement officer knows or suspects that the individual 

23 is an agent of a drug cartel, unless law enforcement per24 sonnel of the United States continuously monitor or con25 trol the firearm at all times. 
62 

•S 2323 PCS

1 This title may be cited as the ‘‘Department of Justice 

2 Appropriations Act, 2013’’. 

3 TITLE III 

4 SCIENCE 

5 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

6 For necessary expenses of the Office of Science and 

7 Technology Policy, in carrying out the purposes of the Na8 tional Science and Technology Policy, Organization, and 

9 Priorities Act of 1976 (42 U.S.C. 6601–6671), hire of 

10 passenger motor vehicles, and services as authorized by 

11 5 U.S.C. 3109, not to exceed $2,250 for official reception 

12 and representation expenses, and rental of conference 

13 rooms in the District of Columbia, $5,850,000. 

14 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

15 SCIENCE

16 For necessary expenses, not otherwise provided for, 

17 in the conduct and support of science research and devel18 opment activities, including research, development, oper19 ations, support, and services; maintenance and repair, fa20 cility planning and design; space flight, spacecraft control, 

21 and communications activities; program management; per22 sonnel and related costs, including uniforms or allowances 

23 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex24 penses; purchase and hire of passenger motor vehicles; and 

25 purchase, lease, charter, maintenance, and operation of 
63 

•S 2323 PCS

1 mission and administrative aircraft, $5,021,100,000, to 

2 remain available until September 30, 2014, of which up 

3 to $14,500,000 shall be available for a reimbursable agree4 ment with the Department of Energy for the purpose of 

5 re-establishing facilities to produce fuel required for radio6 isotope thermoelectric generators to enable future mis7 sions: Provided, That the formulation and development 

8 costs (with development cost as defined under 51 U.S.C. 

9 30104) for the James Webb Space Telescope shall not ex10 ceed $8,000,000,000: Provided further, That should the 

11 individual identified under subparagraph (c)(2)(E) of sec12 tion 30104 of title 51 as responsible for the James Webb 

13 Space Telescope determine that the development cost of 

14 the program is likely to exceed that limitation, the indi15 vidual shall immediately notify the Administrator and the 

16 increase shall be treated as if it meets the 30 percent 

17 threshold described in subsection (f) of section 30104 of 

18 title 51. 

19 OPERATIONAL SATELLITE ACQUISITION

20 For procurement, acquisition, and construction of 

21 operational satellites, $1,641,147,000, to remain available 

22 until September 30, 2015: Provided, That any satellite 

23 funded by this account shall be transferred to and oper24 ated by the National Oceanic and Atmospheric Adminis25 tration, Department of Commerce, upon launch and 
64 

•S 2323 PCS

1 checkout: Provided further, That any deviation from the 

2 amounts designated for specific activities in the report ac3 companying this Act, or any use of deobligated balances 

4 of funds provided under the heading ‘‘Procurement, Ac5 quisition, and Construction, National Oceanic and Atmos6 pheric Administration, Department of Commerce’’ in pre7 vious years and transferred to and merged with this ac8 count, shall be subject to the procedures set forth in sec9 tion 505 of this Act: Provided further, That any baselines 

10 and Major Program Annual Reports provided under sec11 tion 105 of Public Law 112–55 shall be considered base12 lines and Major Program Annual Reports under 51 U.S.C. 

13 30104 and the requirements of that section shall apply 

14 to funds made available under this heading as if the base15 lines had been established under 51 U.S.C. 30104: Pro16 vided further, That the Administrator shall provide the 

17 Committees on Appropriations of the House of Represent18 atives and the Senate with revised and detailed life-cycle 

19 costs of all satellite programs funded under this heading: 

20 Provided further, That within the amounts appropriated, 

21 $500,000 shall be transferred to ‘‘Office of Inspector Gen22 eral’’ account for activities associated with carrying out 

23 investigations and audits related to ‘‘Operational Satellite 

24 Acquisition’’. 
65 

•S 2323 PCS

1 AERONAUTICS

2 For necessary expenses, not otherwise provided for, 

3 in the conduct and support of aeronautics research and 

4 development activities, including research, development, 

5 operations, support, and services; maintenance and repair, 

6 facility planning and design; space flight, spacecraft con7 trol, and communications activities; program manage8 ment; personnel and related costs, including uniforms or 

9 allowances therefor, as authorized by 5 U.S.C. 5901– 

10 5902; travel expenses; purchase and hire of passenger 

11 motor vehicles; and purchase, lease, charter, maintenance, 

12 and operation of mission and administrative aircraft, 

13 $551,500,000, to remain available until September 30, 

14 2014. 

15 SPACE TECHNOLOGY

16 For necessary expenses, not otherwise provided for, 

17 in the conduct and support of space research and tech18 nology development activities, including research, develop19 ment, operations, support, and services; maintenance and 

20 repair, facility planning and design; space flight, space21 craft control, and communications activities; program 

22 management; personnel and related costs, including uni23 forms or allowances therefor, as authorized by 5 U.S.C. 

24 5901–5902; travel expenses; purchase and hire of pas25 senger motor vehicles; and purchase, lease, charter, main-
66 

•S 2323 PCS

1 tenance, and operation of mission and administrative air2 craft, $651,000,000, to remain available until September 

3 30, 2014. 

4 EXPLORATION

5 For necessary expenses, not otherwise provided for, 

6 in the conduct and support of exploration research and 

7 development activities, including research, development, 

8 operations, support, and services; maintenance and repair, 

9 facility planning and design; space flight, spacecraft con10 trol, and communications activities; program manage11 ment; personnel and related costs, including uniforms or 

12 allowances therefor, as authorized by 5 U.S.C. 5901– 

13 5902; travel expenses; purchase and hire of passenger 

14 motor vehicles; and purchase, lease, charter, maintenance, 

15 and operation of mission and administrative aircraft, 

16 $3,908,900,000, to remain available until September 30, 

17 2014: Provided, That not less than $1,200,000,000 shall 

18 be for the Orion multipurpose crew vehicle, not less than 

19 $1,481,900,000 shall be for the heavy lift launch vehicle 

20 system which shall have a lift capability not less than 130 

21 tons and which shall have an upper stage and other core 

22 elements developed simultaneously, $394,000,000 shall be 

23 for exploration ground systems, $525,000,000 shall be for 

24 commercial spaceflight activities, and $308,000,000 shall 

25 be for exploration research and development. 
67 

•S 2323 PCS

1 SPACE OPERATIONS

2 For necessary expenses, not otherwise provided for, 

3 in the conduct and support of space operations research 

4 and development activities, including research, develop5 ment, operations, support and services; space flight, space6 craft control and communications activities, including op7 erations, production, and services; maintenance and re8 pair, facility planning and design; program management; 

9 personnel and related costs, including uniforms or allow10 ances therefor, as authorized by 5 U.S.C. 5901–5902; 

11 travel expenses; purchase and hire of passenger motor ve12 hicles; and purchase, lease, charter, maintenance and op13 eration of mission and administrative aircraft, 

14 $3,961,700,000, to remain available until September 30, 

15 2014. 

16 EDUCATION

17 For necessary expenses, not otherwise provided for, 

18 in carrying out aerospace and aeronautical education re19 search and development activities, including research, de20 velopment, operations, support, and services; program 

21 management; personnel and related costs, including uni22 forms or allowances therefor, as authorized by 5 U.S.C. 

23 5901–5902; travel expenses; purchase and hire of pas24 senger motor vehicles; and purchase, lease, charter, main25 tenance, and operation of mission and administrative air-
68 

•S 2323 PCS

1 craft, $125,000,000, to remain available until September 

2 30, 2014, of which $18,000,000 shall be for the Experi3 mental Program to Stimulate Competitive Research and 

4 $40,000,000 shall be for the National Space Grant College 

5 program of which no more than $620,000 shall be used 

6 for administration of the program. 

7 CROSS AGENCY SUPPORT

8 For necessary expenses, not otherwise provided for, 

9 in the conduct and support of science, aeronautics, explo10 ration, space operations and education research and devel11 opment activities, including research, development, oper12 ations, support, and services; maintenance and repair, fa13 cility planning and design; space flight, spacecraft control, 

14 and communications activities; program management; per15 sonnel and related costs, including uniforms or allowances 

16 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex17 penses; purchase and hire of passenger motor vehicles; not 

18 to exceed $63,000 for official reception and representation 

19 expenses; and purchase, lease, charter, maintenance, and 

20 operation of mission and administrative aircraft, 

21 $2,822,500,000, to remain available until September 30, 

22 2014: Provided, That not less than $39,100,000 shall be 

23 available for independent verification and validation activi24 ties. 
69 

•S 2323 PCS

1 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

2 RESTORATION

3 For necessary expenses for construction of facilities 

4 including repair, rehabilitation, revitalization, and modi5 fication of facilities, construction of new facilities and ad6 ditions to existing facilities, facility planning and design, 

7 and restoration, and acquisition or condemnation of real 

8 property, as authorized by law, and environmental compli9 ance and restoration, $679,000,000, to remain available 

10 until September 30, 2018: Provided, That notwithstanding 

11 section 315 of the National Aeronautics and Space Act 

12 of 1958 (51 U.S.C. 20145), all proceeds from leases en13 tered into under that section shall be deposited into this 

14 account and shall be available for a period of 5 years, to 

15 the extent provided in annual appropriations Acts: Pro16 vided further, That such proceeds shall be available for ob17 ligation for fiscal year 2013 in an amount not to exceed 

18 $3,791,000: Provided further, That each annual budget re19 quest shall include an annual estimate of gross receipts 

20 and collections and proposed use of all funds collected pur21 suant to section 315 of the National Aeronautics and 

22 Space Act of 1958 (51 U.S.C. 20145). 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector 

25 General in carrying out the Inspector General Act of 1978, 
70 

•S 2323 PCS

1 $37,800,000, of which $500,000 shall remain available 

2 until September 30, 2014. 

3 ADMINISTRATIVE PROVISIONS

4 Funds for announced prizes otherwise authorized 

5 shall remain available, without fiscal year limitation, until 

6 the prize is claimed or the offer is withdrawn. 

7 Not to exceed 5 percent of any appropriation made 

8 available for the current fiscal year for the National Aero9 nautics and Space Administration in this Act may be 

10 transferred between such appropriations, but no such ap11 propriation, except as otherwise specifically provided, shall 

12 be increased by more than 10 percent by any such trans13 fers except that funds transferred to ‘‘Construction and 

14 Environmental Compliance and Restoration’’ may increase 

15 that account by up to 20 percent. Balances so transferred 

16 shall be merged with and available for the same purposes 

17 and the same time period as the appropriations to which 

18 transferred. Any transfer pursuant to this provision shall 

19 be treated as a reprogramming of funds under section 505 

20 of this Act and shall not be available for obligation except 

21 in compliance with the procedures set forth in that section. 

22 The spending plan required by section 536 of this Act 

23 shall be provided by NASA at the theme, program, project 

24 and activity level. The spending plan, as well as any subse25 quent change of an amount established in that spending 
71 

•S 2323 PCS

1 plan that meets the notification requirements of section 

2 505 of this Act, shall be treated as a reprogramming 

3 under section 505 of this Act and shall not be available 

4 for obligation or expenditure except in compliance with the 

5 procedures set forth in that section. 

6 NATIONAL SCIENCE FOUNDATION

7 RESEARCH AND RELATED ACTIVITIES

8 For necessary expenses in carrying out the National 

9 Science Foundation Act of 1950, as amended (42 U.S.C. 

10 1861–1875), and the Act to establish a National Medal 

11 of Science (42 U.S.C. 1880–1881); services as authorized 

12 by 5 U.S.C. 3109; maintenance and operation of aircraft 

13 and purchase of flight services for research support; acqui14 sition of aircraft; and authorized travel; $5,883,280,000, 

15 to remain available until September 30, 2014, of which 

16 not to exceed $500,000,000 shall remain available until 

17 expended for polar research and operations support, and 

18 for reimbursement to other Federal agencies for oper19 ational and science support and logistical and other re20 lated activities for the United States Antarctic program: 

21 Provided, That receipts for scientific support services and 

22 materials furnished by the National Research Centers and 

23 other National Science Foundation supported research fa24 cilities may be credited to this appropriation: Provided fur25 ther, That not less than $158,000,000 shall be available 
72 

•S 2323 PCS

1 for activities authorized by section 7002(c)(2)(A)(iv) of 

2 Public Law 110–69. 

3 MAJOR RESEARCH EQUIPMENT AND FACILITIES

4 CONSTRUCTION

5 For necessary expenses for the acquisition, construc6 tion, commissioning, and upgrading of major research 

7 equipment, facilities, and other such capital assets pursu8 ant to the National Science Foundation Act of 1950, as 

9 amended (42 U.S.C. 1861–1875), including authorized 

10 travel, $196,170,000, to remain available until expended: 

11 Provided, That none of the funds may be used to reim12 burse the Judgment Fund. 

13 EDUCATION AND HUMAN RESOURCES

14 For necessary expenses in carrying out science, math15 ematics and engineering education and human resources 

16 programs and activities pursuant to the National Science 

17 Foundation Act of 1950, as amended (42 U.S.C. 1861– 

18 1875), including services as authorized by 5 U.S.C. 3109, 

19 authorized travel, and rental of conference rooms in the 

20 District of Columbia, $875,610,000, to remain available 

21 until September 30, 2014: Provided, That not less than 

22 $54,890,000 shall be available until expended for activities 

23 authorized by section 7030 of Public Law 110–69. 
73 

•S 2323 PCS

1 AGENCY OPERATIONS AND AWARD MANAGEMENT

2 For agency operations and award management nec3 essary in carrying out the National Science Foundation 

4 Act of 1950, as amended (42 U.S.C. 1861–1875); services 

5 authorized by 5 U.S.C. 3109; hire of passenger motor ve6 hicles; not to exceed $8,280 for official reception and rep7 resentation expenses; uniforms or allowances therefor, as 

8 authorized by 5 U.S.C. 5901–5902; rental of conference 

9 rooms in the District of Columbia; and reimbursement of 

10 the Department of Homeland Security for security guard 

11 services; $299,400,000: Provided, That contracts may be 

12 entered into under this heading in fiscal year 2013 for 

13 maintenance and operation of facilities, and for other serv14 ices, to be provided during the next fiscal year. 

15 OFFICE OF THE NATIONAL SCIENCE BOARD

16 For necessary expenses (including payment of sala17 ries, authorized travel, hire of passenger motor vehicles, 

18 the rental of conference rooms in the District of Columbia, 

19 and the employment of experts and consultants under sec20 tion 3109 of title 5, United States Code) involved in car21 rying out section 4 of the National Science Foundation 

22 Act of 1950, as amended (42 U.S.C. 1863) and Public 

23 Law 86–209 (42 U.S.C. 1880 et seq.), $4,440,000: Pro24 vided, That not to exceed $2,500 shall be available for offi25 cial reception and representation expenses. 
74 

•S 2323 PCS

1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General as authorized by the Inspector General Act of 

4 1978, as amended, $14,200,000. 

5 ADMINISTRATIVE PROVISION

6 Not to exceed 5 percent of any appropriation made 

7 available for the current fiscal year for the National 

8 Science Foundation in this Act may be transferred be9 tween such appropriations, but no such appropriation shall 

10 be increased by more than 15 percent by any such trans11 fers. Any transfer pursuant to this section shall be treated 

12 as a reprogramming of funds under section 505 of this 

13 Act and shall not be available for obligation except in com14 pliance with the procedures set forth in that section. 

15 This title may be cited as the ‘‘Science Appropria16 tions Act, 2013’’. 

17 TITLE IV 

18 RELATED AGENCIES 

19 COMMISSION ON CIVIL RIGHTS

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of the Commission on Civil 

23 Rights, including hire of passenger motor vehicles, 

24 $9,400,000: Provided, That none of the funds appro25 priated in this paragraph shall be used to employ in excess 
75 

•S 2323 PCS

1 of four full-time individuals under Schedule C of the Ex2 cepted Service exclusive of one special assistant for each 

3 Commissioner: Provided further, That none of the funds 

4 appropriated in this paragraph shall be used to reimburse 

5 Commissioners for more than 75 billable days, with the 

6 exception of the chairperson, who is permitted 125 billable 

7 days: Provided further, That none of the funds appro8 priated in this paragraph shall be used for any activity 

9 or expense that is not explicitly authorized by 42 U.S.C. 

10 1975a: Provided further, That there shall be an Inspector 

11 General at the Commission on Civil Rights who shall have 

12 the duties, responsibilities, and authorities specified in the 

13 Inspector General Act of 1978, as amended: Provided fur14 ther, That an individual appointed to the position of In15 spector General of the Government Accountability Office 

16 (GAO) shall, by virtue of such appointment, also hold the 

17 position of Inspector General of the Commission on Civil 

18 Rights: Provided further, That the Inspector General of 

19 the Commission on Civil Rights shall utilize personnel of 

20 the Office of Inspector General of GAO in performing the 

21 duties of the Inspector General of the Commission on Civil 

22 Rights, and shall not appoint any individuals to positions 

23 within the Commission on Civil Rights: Provided further, 

24 That of the amounts made available in this paragraph, 

25 $250,000 shall be transferred directly to the Office of In-
76 

•S 2323 PCS

1 spector General of GAO upon enactment of this Act for 

2 salaries and expenses necessary to carry out the duties of 

3 the Inspector General of the Commission on Civil Rights. 

4 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Equal Employment 

7 Opportunity Commission as authorized by title VII of the 

8 Civil Rights Act of 1964, the Age Discrimination in Em9 ployment Act of 1967, the Equal Pay Act of 1963, the 

10 Americans with Disabilities Act of 1990, the Civil Rights 

11 Act of 1991, the Genetic Information Non-Discrimination 

12 Act (GINA) of 2008 (Public Law 110–233), the ADA 

13 Amendments Act of 2008 (Public Law 110–325), and the 

14 Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111– 

15 2), including services as authorized by 5 U.S.C. 3109; hire 

16 of passenger motor vehicles as authorized by 31 U.S.C. 

17 1343(b); nonmonetary awards to private citizens; and 

18 $30,000,000 for payments to State and local enforcement 

19 agencies for authorized services to the Commission, 

20 $373,711,000: Provided, That the Commission is author21 ized to make available for official reception and represen22 tation expenses not to exceed $2,250 from available funds: 

23 Provided further, That the Commission may take no action 

24 to implement any workforce repositioning, restructuring, 

25 or reorganization until such time as the Committees on 
77 

•S 2323 PCS

1 Appropriations have been notified of such proposals, in ac2 cordance with the reprogramming requirements of section 

3 505 of this Act: Provided further, That the Chair is au4 thorized to accept and use any gift or donation to carry 

5 out the work of the Commission. 

6 INTERNATIONAL TRADE COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the International Trade 

9 Commission, including hire of passenger motor vehicles, 

10 and services as authorized by 5 U.S.C. 3109, and not to 

11 exceed $2,250 for official reception and representation ex12 penses, $82,800,000, to remain available until expended. 

13 LEGAL SERVICES CORPORATION

14 PAYMENT TO THE LEGAL SERVICES CORPORATION

15 For payment to the Legal Services Corporation to 

16 carry out the purposes of the Legal Services Corporation 

17 Act of 1974, $402,000,000, of which $376,800,000 is for 

18 basic field programs and required independent audits; 

19 $4,200,000 is for the Office of Inspector General, of which 

20 such amounts as may be necessary may be used to conduct 

21 additional audits of recipients; $17,000,000 is for manage22 ment and grants oversight; $3,000,000 is for client self23 help and information technology; and $1,000,000 is for 

24 loan repayment assistance: Provided, That the Legal Serv25 ices Corporation may continue to provide locality pay to 
78 

•S 2323 PCS

1 officers and employees at a rate no greater than that pro2 vided by the Federal Government to Washington, DC3 based employees as authorized by 5 U.S.C. 5304, notwith4 standing section 1005(d) of the Legal Services Corpora5 tion Act, 42 U.S.C. 2996(d): Provided further, That the 

6 authorities provided in section 205 of this Act shall be 

7 applicable to the Legal Services Corporation. 

8 ADMINISTRATIVE PROVISION—LEGAL SERVICES

9 CORPORATION

10 None of the funds appropriated in this Act to the 

11 Legal Services Corporation shall be expended for any pur12 pose prohibited or limited by, or contrary to any of the 

13 provisions of, sections 501, 502, 503, 504, 505, and 506 

14 of Public Law 105–119, and all funds appropriated in this 

15 Act to the Legal Services Corporation shall be subject to 

16 the same terms and conditions set forth in such sections, 

17 except that all references in sections 502 and 503 to 1997 

18 and 1998 shall be deemed to refer instead to 2012 and 

19 2013, respectively. 

20 Section 504 of the Departments of Commerce, Jus21 tice, and State, the Judiciary, and Related Agencies Ap22 propriations Act, 1996 (as contained in Public Law 104– 

23 134) is amended: 

24 (1) in subsection (a), in the matter preceding 

25 paragraph (1), by inserting after ‘‘)’’ the following: 
79 

•S 2323 PCS

1 ‘‘that uses Federal funds (or funds from any source 

2 with regard to paragraphs (7), (14) and (15)) in a 

3 manner’’; 

4 (2) by striking subsection (d); and 

5 (3) by redesignating subsections (e) and (f) as 

6 subsections (d) and (e), respectively. 

7 MARINE MAMMAL COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Marine Mammal Com10 mission as authorized by title II of Public Law 92–522, 

11 $3,081,000. 

12 OFFICE OF THE UNITED STATES TRADE

13 REPRESENTATIVE

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of the United 

16 States Trade Representative, including the hire of pas17 senger motor vehicles and the employment of experts and 

18 consultants as authorized by 5 U.S.C. 3109, $53,041,000, 

19 of which $1,000,000 shall remain available until expended: 

20 Provided, That not to exceed $111,600 shall be available 

21 for official reception and representation expenses. 

22 STATE JUSTICE INSTITUTE

23 SALARIES AND EXPENSES

24 For necessary expenses of the State Justice Institute, 

25 as authorized by the State Justice Institute Authorization 
80 

•S 2323 PCS

1 Act of 1984 (42 U.S.C. 10701 et seq.) $5,121,000, of 

2 which $500,000 shall remain available until September 30, 

3 2014: Provided, That not to exceed $2,250 shall be avail4 able for official reception and representation expenses. 

5 TITLE V 

6 GENERAL PROVISIONS 

7 (INCLUDING RESCISSIONS)

8 SEC. 501. No part of any appropriation contained in 

9 this Act shall be used for publicity or propaganda purposes 

10 not authorized by the Congress. 

11 SEC. 502. No part of any appropriation contained in 

12 this Act shall remain available for obligation beyond the 

13 current fiscal year unless expressly so provided herein. 

14 SEC. 503. The expenditure of any appropriation 

15 under this Act for any consulting service through procure16 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

17 to those contracts where such expenditures are a matter 

18 of public record and available for public inspection, except 

19 where otherwise provided under existing law, or under ex20 isting Executive order issued pursuant to existing law. 

21 SEC. 504. If any provision of this Act or the applica22 tion of such provision to any person or circumstances shall 

23 be held invalid, the remainder of the Act and the applica24 tion of each provision to persons or circumstances other 
81 

•S 2323 PCS

1 than those as to which it is held invalid shall not be af2 fected thereby. 

3 SEC. 505. None of the funds provided under this Act, 

4 or provided under previous appropriations Acts to the 

5 agencies funded by this Act that remain available for obli6 gation or expenditure in fiscal year 2013, or provided from 

7 any accounts in the Treasury of the United States derived 

8 by the collection of fees available to the agencies funded 

9 by this Act, shall be available for obligation or expenditure 

10 through a reprogramming of funds that: (1) creates or ini11 tiates a new program, project or activity; (2) eliminates 

12 a program, project or activity; (3) increases funds or per13 sonnel by any means for any project or activity for which 

14 funds have been denied or restricted; (4) relocates an of15 fice or employees; (5) reorganizes or renames offices, pro16 grams or activities; (6) contracts out or privatizes any 

17 functions or activities presently performed by Federal em18 ployees; (7) augments existing programs, projects or ac19 tivities in excess of $500,000 or 10 percent, whichever is 

20 less, or reduces by 10 percent funding for any program, 

21 project or activity, or numbers of personnel by 10 percent; 

22 or (8) results from any general savings, including savings 

23 from a reduction in personnel, which would result in a 

24 change in existing programs, projects or activities as ap25 proved by Congress; unless the House and Senate Com-
82 

•S 2323 PCS

1 mittees on Appropriations are notified 15 days in advance 

2 of such reprogramming of funds. 

3 SEC. 506. (a) If it has been finally determined by 

4 a court or Federal agency that any person intentionally 

5 affixed a label bearing a ‘‘Made in America’’ inscription, 

6 or any inscription with the same meaning, to any product 

7 sold in or shipped to the United States that is not made 

8 in the United States, the person shall be ineligible to re9 ceive any contract or subcontract made with funds made 

10 available in this Act, pursuant to the debarment, suspen11 sion, and ineligibility procedures described in sections 

12 9.400 through 9.409 of title 48, Code of Federal Regula13 tions. 

14 (b)(1) To the extent practicable, with respect to au15 thorized purchases of promotional items, funds made 

16 available by this Act shall be used to purchase items that 

17 are manufactured, produced, or assembled in the United 

18 States, its territories or possessions. 

19 (2) The term ‘‘promotional items’’ has the meaning 

20 given the term in OMB Circular A–87, Attachment B, 

21 Item (1)(f)(3). 

22 SEC. 507. (a) The Departments of Commerce and 

23 Justice, the National Science Foundation, and the Na24 tional Aeronautics and Space Administration shall provide 

25 to the Committees on Appropriations of the House of Rep-
83 

•S 2323 PCS

1 resentatives and the Senate a quarterly report on the sta2 tus of balances of appropriations at the account level. For 

3 unobligated, uncommitted balances and unobligated, com4 mitted balances the quarterly reports shall separately 

5 identify the amounts attributable to each source year of 

6 appropriation from which the balances were derived. For 

7 balances that are obligated, but unexpended, the quarterly 

8 reports shall separately identify amounts by the year of 

9 obligation. 

10 (b) The report described in subsection (a) shall be 

11 submitted within 30 days of the end of the first quarter 

12 of fiscal year 2013, and subsequent reports shall be sub13 mitted within 30 days of the end of each quarter there14 after. 

15 (c) If a department or agency is unable to fulfill any 

16 aspect of a reporting requirement described in subsection 

17 (a) due to a limitation of a current accounting system, 

18 the department or agency shall fulfill such aspect to the 

19 maximum extent practicable under such accounting sys20 tem and shall identify and describe in each quarterly re21 port the extent to which such aspect is not fulfilled. 

22 SEC. 508. Any costs incurred by a department or 

23 agency funded under this Act resulting from, or to pre24 vent, personnel actions taken in response to funding re25 ductions included in this Act shall be absorbed within the 
84 

•S 2323 PCS

1 total budgetary resources available to such department or 

2 agency: Provided, That the authority to transfer funds be3 tween appropriations accounts as may be necessary to 

4 carry out this section is provided in addition to authorities 

5 included elsewhere in this Act: Provided further, That use 

6 of funds to carry out this section shall be treated as a 

7 reprogramming of funds under section 505 of this Act and 

8 shall not be available for obligation or expenditure except 

9 in compliance with the procedures set forth in that section. 

10 SEC. 509. None of the funds provided by this Act 

11 shall be available to promote the sale or export of tobacco 

12 or tobacco products, or to seek the reduction or removal 

13 by any foreign country of restrictions on the marketing 

14 of tobacco or tobacco products, except for restrictions 

15 which are not applied equally to all tobacco or tobacco 

16 products of the same type. 

17 SEC. 510. Notwithstanding any other provision of 

18 law, amounts deposited or available in the Fund estab19 lished under 42 U.S.C. 10601 in any fiscal year in excess 

20 of $775,000,000 shall not be available for obligation until 

21 the following fiscal year. 

22 SEC. 511. None of the funds made available to the 

23 Department of Justice in this Act may be used to discrimi24 nate against or denigrate the religious or moral beliefs of 

25 students who participate in programs for which financial 
85 

•S 2323 PCS

1 assistance is provided from those funds, or of the parents 

2 or legal guardians of such students. 

3 SEC. 512. None of the funds made available in this 

4 Act may be transferred to any Department, agency, or in5 strumentality of the United States Government, except 

6 pursuant to a transfer made by, or transfer authority pro7 vided in, this Act or any other appropriations Act. 

8 SEC. 513. Any funds provided in this Act used to im9 plement E-Government Initiatives shall be subject to the 

10 procedures set forth in section 505 of this Act. 

11 SEC. 514. (a) Tracing studies conducted by the Bu12 reau of Alcohol, Tobacco, Firearms and Explosives are re13 leased without adequate disclaimers regarding the limita14 tions of the data. 

15 (b) The Bureau of Alcohol, Tobacco, Firearms and 

16 Explosives shall include in all such data releases, language 

17 similar to the following that would make clear that trace 

18 data cannot be used to draw broad conclusions about fire19 arms-related crime: 

20 (1) Firearm traces are designed to assist law 

21 enforcement authorities in conducting investigations 

22 by tracking the sale and possession of specific fire23 arms. Law enforcement agencies may request fire24 arms traces for any reason, and those reasons are 

25 not necessarily reported to the Federal Government. 
86 

•S 2323 PCS

1 Not all firearms used in crime are traced and not all 

2 firearms traced are used in crime. 

3 (2) Firearms selected for tracing are not chosen 

4 for purposes of determining which types, makes, or 

5 models of firearms are used for illicit purposes. The 

6 firearms selected do not constitute a random sample 

7 and should not be considered representative of the 

8 larger universe of all firearms used by criminals, or 

9 any subset of that universe. Firearms are normally 

10 traced to the first retail seller, and sources reported 

11 for firearms traced do not necessarily represent the 

12 sources or methods by which firearms in general are 

13 acquired for use in crime. 

14 SEC. 515. (a) The Inspectors General of the Depart15 ment of Commerce, the Department of Justice, the Na16 tional Aeronautics and Space Administration, the Na17 tional Science Foundation, and the Legal Services Cor18 poration shall conduct audits, pursuant to the Inspector 

19 General Act (5 U.S.C. App.), of grants or contracts for 

20 which funds are appropriated by this Act, and shall submit 

21 reports to Congress on the progress of such audits, which 

22 may include preliminary findings and a description of 

23 areas of particular interest, within 180 days after initi24 ating such an audit and every 180 days thereafter until 

25 any such audit is completed. 
87 

•S 2323 PCS

1 (b) Within 60 days after the date on which an audit 

2 described in subsection (a) by an Inspector General is 

3 completed, the Secretary, Attorney General, Adminis4 trator, Director, or President, as appropriate, shall make 

5 the results of the audit available to the public on the Inter6 net website maintained by the Department, Administra7 tion, Foundation, or Corporation, respectively. The results 

8 shall be made available in redacted form to exclude— 

9 (1) any matter described in section 552(b) of 

10 title 5, United States Code; and 

11 (2) sensitive personal information for any indi12 vidual, the public access to which could be used to 

13 commit identity theft or for other inappropriate or 

14 unlawful purposes. 

15 (c) A grant or contract funded by amounts appro16 priated by this Act may not be used for the purpose of 

17 defraying the costs of a banquet or conference that is not 

18 directly and programmatically related to the purpose for 

19 which the grant or contract was awarded, such as a ban20 quet or conference held in connection with planning, train21 ing, assessment, review, or other routine purposes related 

22 to a project funded by the grant or contract. 

23 (d) Any person awarded a grant or contract funded 

24 by amounts appropriated by this Act shall submit a state25 ment to the Secretary of Commerce, the Attorney General, 
88 

•S 2323 PCS

1 the Administrator, Director, or President, as appropriate, 

2 certifying that no funds derived from the grant or contract 

3 will be made available through a subcontract or in any 

4 other manner to another person who has a financial inter5 est in the person awarded the grant or contract. 

6 (e) The provisions of the preceding subsections of this 

7 section shall take effect 30 days after the date on which 

8 the Director of the Office of Management and Budget, in 

9 consultation with the Director of the Office of Government 

10 Ethics, determines that a uniform set of rules and require11 ments, substantially similar to the requirements in such 

12 subsections, consistently apply under the executive branch 

13 ethics program to all Federal departments, agencies, and 

14 entities. 

15 SEC. 516. None of the funds appropriated or other16 wise made available under this Act may be used by the 

17 Departments of Commerce and Justice, the National Aer18 onautics and Space Administration, or the National 

19 Science Foundation to acquire information technology sys20 tems unless the respective Secretary or head of agency, 

21 in consultation with the Federal Bureau of Investigation 

22 or other appropriate Federal agencies, has assessed any 

23 associated risk of cyber-espionage or sabotage. 

24 SEC. 517. None of the funds made available in this 

25 Act shall be used in any way whatsoever to support or 
89 

•S 2323 PCS

1 justify the use of torture by any official or contract em2 ployee of the United States Government. 

3 SEC. 518. (a) Notwithstanding any other provision 

4 of law or treaty, none of the funds appropriated or other5 wise made available under this Act or any other Act may 

6 be expended or obligated by a department, agency, or in7 strumentality of the United States to pay administrative 

8 expenses or to compensate an officer or employee of the 

9 United States in connection with requiring an export li10 cense for the export to Canada of components, parts, ac11 cessories or attachments for firearms listed in Category 

12 I, section 121.1 of title 22, Code of Federal Regulations 

13 (International Trafficking in Arms Regulations (ITAR), 

14 part 121, as it existed on April 1, 2005) with a total value 

15 not exceeding $500 wholesale in any transaction, provided 

16 that the conditions of subsection (b) of this section are 

17 met by the exporting party for such articles. 

18 (b) The foregoing exemption from obtaining an ex19 port license— 

20 (1) does not exempt an exporter from filing any 

21 Shipper’s Export Declaration or notification letter 

22 required by law, or from being otherwise eligible 

23 under the laws of the United States to possess, ship, 

24 transport, or export the articles enumerated in sub25 section (a); and 
90 

•S 2323 PCS

1 (2) does not permit the export without a license 

2 of— 

3 (A) fully automatic firearms and compo4 nents and parts for such firearms, other than 

5 for end use by the Federal Government, or a 

6 Provincial or Municipal Government of Canada; 

7 (B) barrels, cylinders, receivers (frames) or 

8 complete breech mechanisms for any firearm 

9 listed in Category I, other than for end use by 

10 the Federal Government, or a Provincial or Mu11 nicipal Government of Canada; or 

12 (C) articles for export from Canada to an13 other foreign destination. 

14 (c) In accordance with this section, the District Di15 rectors of Customs and postmasters shall permit the per16 manent or temporary export without a license of any un17 classified articles specified in subsection (a) to Canada for 

18 end use in Canada or return to the United States, or tem19 porary import of Canadian-origin items from Canada for 

20 end use in the United States or return to Canada for a 

21 Canadian citizen. 

22 (d) The President may require export licenses under 

23 this section on a temporary basis if the President deter24 mines, upon publication first in the Federal Register, that 

25 the Government of Canada has implemented or main-
91 

•S 2323 PCS

1 tained inadequate import controls for the articles specified 

2 in subsection (a), such that a significant diversion of such 

3 articles has and continues to take place for use in inter4 national terrorism or in the escalation of a conflict in an5 other nation. The President shall terminate the require6 ments of a license when reasons for the temporary require7 ments have ceased. 

8 SEC. 519. Notwithstanding any other provision of 

9 law, no department, agency, or instrumentality of the 

10 United States receiving appropriated funds under this Act 

11 or any other Act shall obligate or expend in any way such 

12 funds to pay administrative expenses or the compensation 

13 of any officer or employee of the United States to deny 

14 any application submitted pursuant to 22 U.S.C. 

15 2778(b)(1)(B) and qualified pursuant to 27 CFR section 

16 478.112 or .113, for a permit to import United States ori17 gin ‘‘curios or relics’’ firearms, parts, or ammunition. 

18 SEC. 520. None of the funds made available in this 

19 Act may be used to include in any new bilateral or multi20 lateral trade agreement the text of— 

21 (1) paragraph 2 of article 16.7 of the United 

22 States-Singapore Free Trade Agreement; 

23 (2) paragraph 4 of article 17.9 of the United 

24 States-Australia Free Trade Agreement; or 
92 

•S 2323 PCS

1 (3) paragraph 4 of article 15.9 of the United 

2 States-Morocco Free Trade Agreement. 

3 SEC. 521. None of the funds made available in this 

4 Act may be used to authorize or issue a national security 

5 letter in contravention of any of the following laws author6 izing the Federal Bureau of Investigation to issue national 

7 security letters: The Right to Financial Privacy Act; The 

8 Electronic Communications Privacy Act; The Fair Credit 

9 Reporting Act; The National Security Act of 1947; USA 

10 PATRIOT Act; and the laws amended by these Acts. 

11 SEC. 522. If at any time during any quarter, the pro12 gram manager of a project within the jurisdiction of the 

13 Departments of Commerce or Justice, the National Aero14 nautics and Space Administration, or the National Science 

15 Foundation totaling more than $75,000,000 has reason16 able cause to believe that the total program cost has in17 creased by 10 percent, the program manager shall imme18 diately inform the respective Secretary, Administrator, or 

19 Director. The Secretary, Administrator, or Director shall 

20 notify the House and Senate Committees on Appropria21 tions within 30 days in writing of such increase, and shall 

22 include in such notice: the date on which such determina23 tion was made; a statement of the reasons for such in24 creases; the action taken and proposed to be taken to con25 trol future cost growth of the project; changes made in 
93 

•S 2323 PCS

1 the performance or schedule milestones and the degree to 

2 which such changes have contributed to the increase in 

3 total program costs or procurement costs; new estimates 

4 of the total project or procurement costs; and a statement 

5 validating that the project’s management structure is ade6 quate to control total project or procurement costs. 

7 SEC. 523. Funds appropriated by this Act, or made 

8 available by the transfer of funds in this Act, for intel9 ligence or intelligence related activities are deemed to be 

10 specifically authorized by the Congress for purposes of sec11 tion 504 of the National Security Act of 1947 (50 U.S.C. 

12 414) during fiscal year 2013 until the enactment of the 

13 Intelligence Authorization Act for Fiscal Year 2013. 

14 SEC. 524. The Departments, agencies, and commis15 sions funded under this Act, shall establish and maintain 

16 on the homepages of their Internet Web sites— 

17 (1) a direct link to the Internet Web sites of 

18 their Offices of Inspectors General; and 

19 (2) a mechanism on the Offices of Inspectors 

20 General Web site by which individuals may anony21 mously report cases of waste, fraud, or abuse with 

22 respect to those Departments, agencies, and commis23 sions. 

24 SEC. 525. None of the funds appropriated or other25 wise made available by this Act may be used to enter into 
94 

•S 2323 PCS

1 a contract in an amount greater than $5,000,000 or to 

2 award a grant in excess of such amount unless the pro3 spective contractor or grantee certifies in writing to the 

4 agency awarding the contract or grant that, to the best 

5 of its knowledge and belief, the contractor or grantee has 

6 filed all Federal tax returns required during the three 

7 years preceding the certification, has not been convicted 

8 of a criminal offense under the Internal Revenue Code of 

9 1986, and has not, more than 90 days prior to certifi10 cation, been notified of any unpaid Federal tax assessment 

11 for which the liability remains unsatisfied, unless the as12 sessment is the subject of an installment agreement or 

13 offer in compromise that has been approved by the Inter14 nal Revenue Service and is not in default, or the assess15 ment is the subject of a nonfrivolous administrative or ju16 dicial proceeding. 

17 (RESCISSIONS)

18 SEC. 526. (a) Of the unobligated balances available 

19 to the Department of Justice, the following funds are 

20 hereby rescinded, not later than September 30, 2013, from 

21 the following accounts in the specified amounts— 

22 (1) ‘‘Working Capital Fund’’, $26,000,000; 

23 (2) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

24 $675,000,000; 
95 

•S 2323 PCS

1 (3) ‘‘United States Marshals Service, Salaries 

2 and Expenses’’, $14,400,000; 

3 (4) ‘‘Federal Bureau of Investigation, Salaries 

4 and Expenses’’, $162,226,000; 

5 (5) ‘‘Drug Enforcement Administration, Sala6 ries and Expenses’’, $15,600,000; 

7 (6) ‘‘Bureau of Alcohol, Tobacco, Firearms, and 

8 Explosives, Salaries and Expenses’’, $12,400,000; 

9 (7) ‘‘Bureau of Alcohol, Tobacco, Firearms, and 

10 Explosives, Violent Crime Reduction Program’’, 

11 $1,028,000; 

12 (8) ‘‘Federal Prison System, Buildings and Fa13 cilities’’, $75,000,000; 

14 (9) ‘‘State and Local Law Enforcement Activi15 ties, Office on Violence Against Women, Violence 

16 Against Women Prevention and Prosecution Pro17 grams’’, $6,000,000; 

18 (10) ‘‘State and Local Law Enforcement Activi19 ties, Office of Justice Programs’’, $43,000,000; and 

20 (11) ‘‘State and Local Law Enforcement Activi21 ties, Community Oriented Policing Services’’, 

22 $12,200,000. 

23 (b) The Department of Justice shall submit to the 

24 Committees on Appropriations of the House of Represent25 atives and the Senate a report no later than September 
96 

•S 2323 PCS

1 1, 2013, specifying the amount of each rescission made 

2 pursuant to subsection (a). 

3 SEC. 527. None of the funds appropriated or other4 wise made available in this Act may be used in a manner 

5 that is inconsistent with the principal negotiating objective 

6 of the United States with respect to trade remedy laws 

7 to preserve the ability of the United States— 

8 (1) to enforce vigorously its trade laws, includ9 ing antidumping, countervailing duty, and safeguard 

10 laws; 

11 (2) to avoid agreements that— 

12 (A) lessen the effectiveness of domestic 

13 and international disciplines on unfair trade, es14 pecially dumping and subsidies; or 

15 (B) lessen the effectiveness of domestic 

16 and international safeguard provisions, in order 

17 to ensure that United States workers, agricul18 tural producers, and firms can compete fully on 

19 fair terms and enjoy the benefits of reciprocal 

20 trade concessions; and 

21 (3) to address and remedy market distortions 

22 that lead to dumping and subsidization, including 

23 overcapacity, cartelization, and market-access bar24 riers. 
97 

•S 2323 PCS

1 SEC. 528. None of the funds made available in this 

2 Act may be used to purchase first class or premium airline 

3 travel in contravention of sections 301–10.122 through 

4 301–10.124 of title 41 of the Code of Federal Regulations. 

5 SEC. 529. None of the funds made available in this 

6 Act may be used to send or otherwise pay for the attend7 ance of more than 50 employees from a Federal depart8 ment or agency at any single conference occurring outside 

9 the United States, unless such conference is a law enforce10 ment training or operational conference for law enforce11 ment personnel and the majority of Federal employees in 

12 attendance are law enforcement personnel stationed out13 side the United States. 

14 SEC. 530. None of the funds appropriated or other15 wise made available in this or any other Act may be used 

16 to transfer, release, or assist in the transfer or release to 

17 or within the United States, its territories, or possessions 

18 Khalid Sheikh Mohammed or any other detainee who— 

19 (1) is not a United States citizen or a member 

20 of the Armed Forces of the United States; and 

21 (2) is or was held on or after June 24, 2009, 

22 at the United States Naval Station, Guanta ́namo 

23 Bay, Cuba, by the Department of Defense. 

24 SEC. 531. (a) None of the funds appropriated or oth25 erwise made available in this or any other Act may be used 
98 

•S 2323 PCS

1 to construct, acquire, or modify any facility in the United 

2 States, its territories, or possessions to house any indi3 vidual described in subsection (c) for the purposes of de4 tention or imprisonment in the custody or under the effec5 tive control of the Department of Defense. 

6 (b) The prohibition in subsection (a) shall not apply 

7 to any modification of facilities at United States Naval 

8 Station, Guanta ́namo Bay, Cuba. 

9 (c) An individual described in this subsection is any 

10 individual who, as of June 24, 2009, is located at United 

11 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

12 (1) is not a citizen of the United States or a 

13 member of the Armed Forces of the United States; 

14 and 

15 (2) is— 

16 (A) in the custody or under the effective 

17 control of the Department of Defense; or 

18 (B) otherwise under detention at United 

19 States Naval Station, Guanta ́namo Bay, Cuba. 

20 SEC. 532. None of the funds made available under 

21 this Act may be distributed to the Association of Commu22 nity Organizations for Reform Now (ACORN) or its sub23 sidiaries. 

24 SEC. 533. To the extent practicable, funds made 

25 available in this Act should be used to purchase light bulbs 
99 

•S 2323 PCS

1 that are ‘‘Energy Star’’ qualified or have the ‘‘Federal En2 ergy Management Program’’ designation. 

3 SEC. 534. The Director of the Office of Management 

4 and Budget shall instruct any department, agency, or in5 strumentality of the United States Government receiving 

6 funds appropriated under this Act to track undisbursed 

7 balances in expired grant accounts and include in its an8 nual performance plan and performance and account9 ability reports the following: 

10 (1) Details on future action the department, 

11 agency, or instrumentality will take to resolve 

12 undisbursed balances in expired grant accounts. 

13 (2) The method that the department, agency, or 

14 instrumentality uses to track undisbursed balances 

15 in expired grant accounts. 

16 (3) Identification of undisbursed balances in ex17 pired grant accounts that may be returned to the 

18 Treasury of the United States. 

19 (4) In the preceding 3 fiscal years, details on 

20 the total number of expired grant accounts with 

21 undisbursed balances (on the first day of each fiscal 

22 year) for the department, agency, or instrumentality 

23 and the total finances that have not been obligated 

24 to a specific project remaining in the accounts. 
100 

•S 2323 PCS

1 SEC. 535. None of the funds made available in this 

2 Act may be used to relocate the Bureau of the Census 

3 or employees from the Department of Commerce to the 

4 jurisdiction of the Executive Office of the President. 

5 SEC. 536. The Departments of Commerce and Jus6 tice, the National Aeronautics and Space Administration, 

7 and the National Science Foundation shall submit spend8 ing plans, signed by the respective department or agency 

9 head, to the Committees on Appropriations of the House 

10 of Representatives and the Senate within 45 days after 

11 the date of enactment of this Act. 

12 SEC. 537. (a) The head of any department, agency, 

13 board or commission funded by this Act shall submit quar14 terly reports to the Inspector General, or the senior ethics 

15 official for any entity without an inspector general, of the 

16 appropriate department, agency, board or commission re17 garding the costs and contracting procedures relating to 

18 each conference held by the department, agency, board or 

19 commission during fiscal year 2013 for which the cost to 

20 the Government was more than $20,000. 

21 (b) Each report submitted under subsection (a) shall 

22 include, for each conference described in that subsection 

23 held during the applicable quarter— 

24 (1) a description of the subject of and number 

25 of participants attending that conference; 
101 

•S 2323 PCS

1 (2) a detailed statement of the costs to the Gov2 ernment relating to that conference, including— 

3 (A) the cost of any food or beverages; 

4 (B) the cost of any audio-visual services; 

5 and 

6 (C) a discussion of the methodology used 

7 to determine which costs relate to that con8 ference; and 

9 (3) a description of the contracting procedures 

10 relating to that conference, including— 

11 (A) whether contracts were awarded on a 

12 competitive basis for that conference; and 

13 (B) a discussion of any cost comparison 

14 conducted by the department, agency, board or 

15 commission in evaluating potential contractors 

16 for that conference. 

17 SEC. 538. None of the funds made available by this 

18 Act may be used to pay the salaries or expenses of per19 sonnel to deny, or fail to act on, an application for the 

20 importation of any model of shotgun if— 

21 (1) all other requirements of law with respect to 

22 the proposed importation are met; and 

23 (2) no application for the importation of such 

24 model of shotgun, in the same configuration, had 

25 been denied by the Attorney General prior to Janu-
102 

•S 2323 PCS

1 ary 1, 2011, on the basis that the shotgun was not 

2 particularly suitable for or readily adaptable to 

3 sporting purposes. 

4 SEC. 539. (a) None of the funds made available in 

5 this Act may be used to maintain or establish a computer 

6 network unless such network blocks the viewing, 

7 downloading, and exchanging of pornography. 

8 (b) Nothing in subsection (a) shall limit the use of 

9 funds necessary for any Federal, State, tribal, or local law 

10 enforcement agency or any other entity carrying out crimi11 nal investigations, prosecution, or adjudication activities. 

12 SEC. 540. None of the funds made available by this 

13 Act may be used to enter into a contract, memorandum 

14 of understanding, or cooperative agreement with, make a 

15 grant to, or provide a loan or loan guarantee to, any cor16 poration that was convicted of a felony criminal violation 

17 under any Federal law within the preceding 24 months, 

18 where the awarding agency is aware of the conviction, un19 less an agency has considered suspension or debarment 

20 of the corporation and made a determination that this fur21 ther action is not necessary to protect the interests of the 

22 Government. 

23 SEC. 541. None of the funds made available by this 

24 Act may be used to enter into a contract, memorandum 

25 of understanding, or cooperative agreement with, make a 
103 

•S 2323 PCS

1 grant to, or provide a loan or loan guarantee to, any cor2 poration that has any unpaid Federal tax liability that has 

3 been assessed, for which all judicial and administrative 

4 remedies have been exhausted or have lapsed, and that 

5 is not being paid in a timely manner pursuant to an agree6 ment with the authority responsible for collecting the tax 

7 liability, where the awarding agency is aware of the unpaid 

8 tax liability, unless an agency has considered suspension 

9 or debarment of the corporation and made a determination 

10 that this further action is not necessary to protect the in11 terests of the Government. 

12 SEC. 542. All agencies and departments funded under 

13 this Act shall send to the Committees on Appropriations 

14 of the House of Representatives and the Senate at the 

15 end of the fiscal year a report containing a complete inven16 tory of the total number of vehicles owned, permanently 

17 retired, and purchased during fiscal year 2013 as well as 

18 the total cost of the vehicle fleet, including maintenance, 

19 fuel, storage, purchasing, and leasing. 

20 This Act may be cited as the ‘‘Commerce, Justice, 

21 Science, and Related Agencies Appropriations Act, 2013’’. 
Calendar No. 360 

112TH CONGRESS 

2D SESSION S. 2323 

[Report No. 112–158] 

A BILL 

Making appropriations for Departments of Com2013, and for other purposes. Agencies for the fiscal year ending September 30, merce and Justice, and Science, and Related 

APRIL 19, 2012 

Read twice and placed on the calendar