73–989 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–463 

COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 

APPROPRIATIONS BILL, 2013 

MAY 2, 2012.—Committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

Mr. WOLF, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 5326] 

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making appropriations for 

Commerce, Justice, Science, and related agencies for the fiscal year 

ending September 30, 2013, and for other purposes. 

INDEX TO BILL AND REPORT 

Page Number 

Bill Report 

Title I—Department of Commerce ............................................................ 2 7 

Title II—Department of Justice ................................................................ 21 35 

Title III—Science ........................................................................................ 58 61 

Office of Science and Technology Policy ............................................ 58 61 

National Aeronautics and Space Administration ............................. 59 63 

National Science Foundation ............................................................. 68 76 

Title IV—Related Agencies ........................................................................ 71 81 

Commission on Civil Rights ............................................................... 71 81 

Equal Employment Opportunity Commission .................................. 73 82 

International Trade Commission ....................................................... 74 82 

Legal Services Corporation ................................................................ 74 82 

Marine Mammal Commission ............................................................ 76 83 

Office of the United States Trade Representative ........................... 76 84 

State Justice Institute ........................................................................ 76 85 

Title V—General Provisions ...................................................................... 77 85 


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BILL TOTALS

The Committee recommends a total of $51,459,000,000 for the 

departments and agencies funded in this bill for fiscal year 2013, 

including $51,131,000,000 in discretionary budget authority. This 

level of discretionary budget authority is $1,613,000,000, or 3 percent, below fiscal year 2012, and $731,029,000, or 1.4 percent below 

the budget request. The fiscal year 2012 appropriation also included an additional $200,000,000 in disaster relief assistance. The 

recommendation for fiscal year 2013 does not include funding for 

disaster relief. 

The funding allocation for the fiscal year 2013 bill reflects the 

critical need to rein in government expenditures in the face of 

record-high deficits. Spending reductions are an essential component of putting the Nation on the path to economic recovery, job 

creation and financial security. Reductions in discretionary spending such as those included in the Committee recommendation are 

one part of the overall effort that will be required to avoid economic 

crisis. The Committee recommendation terminates 37 programs, resulting in savings of more than $300,000,000 from the fiscal year 

2012 level and more than $140,000,000 from the President’s request for these programs. 

OVERSIGHT AND BUDGET REVIEW

During its review of the fiscal year 2013 budget request and execution of appropriations for fiscal year 2012, the Subcommittee on 

Commerce, Justice, Science, and Related Agencies held 11 budget 

and oversight hearings. In addition to receiving testimony from Administration officials representing the departments and agencies 

funded in this bill, the Committee received testimony from expert 

witnesses, Members of Congress and 57 public witnesses. The Committee hearings are listed below: 

Hearing Hearing date 

Attorney General .................................................................................... 2/28/2012 

Office of Science and Technology Policy Director ................................ 2/29/2012 

Patent and Trademark Office Director ................................................. 3/1/2012 

National Science Foundation Director .................................................. 3/6/2012 

Bureau of Prisons Director .................................................................... 3/6/2012 

Federal Bureau of Investigation Director ............................................. 3/7/2012 

Secretary of Commerce .......................................................................... 3/20/2012 

National Oceanic and Atmospheric Administration Administrator ... 3/20/2012 

National Aeronautics and Space Administration Administrator ....... 3/21/2012 

Members of Congress and Public Witnesses ........................................ 3/22/2012 

U.S. Manufacturing and Job Repatriation ........................................... 3/28/2012 

As part of the Committee’s oversight and analysis of the annual 

budget request from the Administration, the Committee submitted 

a number of requests for additional information and written questions to be answered by the departments and agencies in support 

of the underlying budget request. These materials are important 

for the Committee in conducting oversight and making funding recommendations. 

In furtherance of this oversight responsibility, the Committee 

began in fiscal year 2012 to require the major agencies funded in 

this bill to provide information on the status of balances of approVerDate Mar 15 2010 01:23 May 03, 2012 Jkt 073989 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR463.XXX HR463

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priations, including amounts that are: unobligated and uncommitted; committed to contracts, grants or other planned obligations; 

and obligated but unexpended. The Committee found that the 

agencies cannot, in all cases, provide a comprehensive picture of 

the status of balances. 

The accurate and comprehensive reporting of balances enables 

the Committee to determine the amount of appropriations necessary to accomplish program purposes. The Committee directs the 

agencies included in section 507 of this Act to take the necessary 

administrative actions (including, when necessary, the reconfiguration of internal accounting systems) to capture and routinely report 

this information. 

Section 507 requires detailed quarterly reports from the Departments of Commerce and Justice, the National Aeronautics and 

Space Administration (NASA), and the National Science Foundation (NSF) on the status of unobligated balances, commitments and 

obligations, including the source year, or obligation year, of balances. The Committee expects that agency reports will show the 

status of balances at the appropriation account level, as well as at 

budget activity or other lower levels where such levels are reflected 

in the Committee’s report accompanying an appropriations act. 

MAJOR THEMES AND INITIATIVES

In the context of reducing overall discretionary spending in this 

bill, the Committee’s funding recommendations focus resources on 

the areas of highest priority, reflecting the Committee’s assessment 

of national priorities and ongoing challenges. 

Law enforcement and national security.—Defending the Nation 

from both internal and external threats remains the highest priority of the Department of Justice. This bill demonstrates a commitment to providing essential technological and human capital to 

detect, disrupt and deter threats to our national security. The bill 

provides $8.3 billion for the Federal Bureau of Investigation, an increase of $148 million above fiscal year 2012 and $34 million above 

the request. This level includes a program increase of $23 million 

to prevent and investigate state-sponsored, terrorist and criminal 

cyber intrusions. 

American innovation and competitiveness.—Investments in scientific research are a key to long-term economic growth. Basic research leads to innovation and improves the competitiveness of 

American businesses, leading, in turn, to positive impacts on the 

quality of life for all Americans. The bill includes $7.3 billion for 

the NSF, including an increase of $224 million, or 3.9 percent, 

above fiscal year 2012 for basic scientific research, and $830 million for research and standards work at the National Institute of 

Standards and Technology (NIST), including $128 million for Manufacturing Extension Partnerships to increase the competitiveness 

of the Nation’s manufacturers. An efficient patent process is also 

critical for innovation and economic growth. The bill provides $2.9 

billion for the Patent and Trademark Office (PTO), the full estimate of fee collections for fiscal year 2013, and an increase of $255 

million above fiscal year 2012. Finally, the bill includes over $1 billion for science, technology, engineering and math (STEM) education programs across NSF, NASA, NIST and the National Oceanic and Atmospheric Administration (NOAA). 


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Enhancing trade while strengthening enforcement and national 

security.—Also critical to the Nation’s economic growth and security are efforts to increase American exports and enhance trade 

compliance and enforcement. The bill includes $468 million for the 

International Trade Administration, $51 million for the Office of 

the U.S. Trade Representative and $83 million for the International Trade Commission. In addition, the bill includes $101 million for the Bureau of Industry and Security to ensure that sensitive U.S. dual-use goods and technologies are not misused by 

proliferators, terrorists and others working contrary to our national 

security interests. The Committee report includes language pursuant to several conclusions and recommendations of the 2011 Report 

to the Congress of the U.S.-China Economic and Security Review 

Commission. This language reinforces efforts to understand and 

react appropriately to the implications of China’s rise for U.S. economic and national security interests. 

COMMITTEE RECOMMENDATION BY TITLE

Department of Commerce.—In title I of the bill, for the Department of Commerce, the Committee recommends a total of $7.7 billion in discretionary budget authority, an increase of $96 million 

above fiscal year 2012 and $280 million below the request. Highlights of the Committee’s recommendation include: 

• $468 million for the International Trade Administration, 

an increase of $3 million above fiscal year 2012; 

• $2.9 billion for the Patent and Trademark Office, which is 

equal to the amount of fee collections estimated by the Congressional Budget Office, and an increase of $255 million, or 

9.5 percent, above fiscal year 2012; 

• $830 million for the National Institute of Standards and 

Technology, including an increase of $54 million above fiscal 

year 2012 for scientific and technical research, and $128 million for Manufacturing Extension Partnerships; and 

• $5 billion for the National Oceanic and Atmospheric Administration, an increase of $68 million above fiscal year 2012. 

The bill supports critical weather forecasting programs, including $916 million for Joint Polar Satellite System development, 

and $22.3 million above the request for National Weather 

Service operations. 

Department of Justice.—In title II of the bill, for the Department 

of Justice, the Committee recommends a total of $27.1 billion in 

discretionary budget authority, which is $11 million above fiscal 

year 2012 and $44 million below the request. Highlights of the 

Committee’s recommendation include: 

• $8.3 billion for the Federal Bureau of Investigation, an increase of $148 million above fiscal year 2012 and $34 million 

above the request, including program increases for national security programs, investigations of cyber attacks, violent gang 

crime and financial and mortgage fraud; 

• $2.4 billion for the Drug Enforcement Administration, 

which is $50 million above fiscal year 2012, including an enhancement of $31 million for prescription drug abuse regulatory and enforcement initiatives; 


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• $6.9 billion for the Bureau of Prisons, an increase of $269 

million above fiscal year 2012 to address overcrowded conditions in Federal prisons; and • $1.8 billion for State and local law enforcement assistance, 

including $415 million for violence against women prevention 

and prosecution programs. 

Science.—In title III of the bill, for the Office of Science and 

Technology Policy (OSTP), NASA and NSF, the Committee recommends a total of $24.9 billion, which is $75 million above fiscal 

year 2012 and $178 million below the request. Highlights of the 

Committee’s recommendation include: • $17.6 billion for the National Aeronautics and Space Adminis- tration, which is $226 million below fiscal year 2012 and $138 million below the request, including: • $3.7 billion for Exploration, including funding to keep 

NASA on schedule for upcoming Multi-Purpose Crew Vehicle 

and Space Launch System flight milestones, and to maintain 

progress on a reconfigured commercial crew program; • $4 billion for Space Operations, continuing the closeout of the Space Shuttle program for a savings of $503 million; and • $5.1 billion for Science programs, including $1.4 billion for 

planetary science to ensure the continuation of critical research 

and development programs that were imperiled by the President’s request. • $7.3 billion for the National Science Foundation, an increase of 

$299 million above fiscal year 2012 for basic scientific research and 

science education programs. 

Related agencies.—In title IV of the bill, the Committee recommends a total of $846 million, a decrease of $10 million below 

fiscal year 2012 and $83 million below the request. Highlights of 

the Committee’s recommendation include: • $328 million for the Legal Services Corporation, which is $20 

million below fiscal year 2012; and • $367 million for the Equal Employment Opportunity Commis- sion, which is $7 million above fiscal year 2012. 

CYBERSECURITY AT FEDERAL AGENCIES

The security of Federal agency information systems is essential 

to protecting national and economic security as well as ensuring 

public safety. Safeguarding such systems and the information they 

contain has been on the Government Accountability Office’s (GAO) 

list of high-risk areas since 1997. Risks to such systems include escalating and emerging threats from around the globe, which are 

further heightened by steady advances in the sophistication of attack technology and the ease of obtaining and using hacking tools. 

The Committee directs each department and agency funded in 

this bill to submit an annual report to the Committee describing 

the cyber attacks and attempted cyber attacks against such department or agency and their consequences; the steps taken to prevent, 

mitigate or otherwise respond to such attacks; and the cybersecurity policies and procedures in place, including policies about ensuring safe use of computer and mobile devices by individual employees. The report shall include a description of all outreach efforts 

undertaken to increase awareness of cybersecurity risks among employees and contractors. The Committee expects each department 


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and agency to submit this annual cybersecurity report by February 

5, 2013. 

In addition, section 516 of the recommended bill requires the Departments of Commerce and Justice, NASA and NSF to assess the 

risk of cyber-espionage or sabotage before acquiring any information technology system. Further, if those same agencies plan to acquire systems produced by entities owned, directed or subsidized by 

the People’s Republic of China, they must first make a determination that to do so is in the national interest. 

REPROGRAMMING AND SPENDING PLAN PROCEDURES

Section 505 of the bill contains language concerning the reprogramming of funds between programs and activities. The reprogramming process is based on comity between the Congress and 

the Executive Branch. This process is intended to provide departments and agencies sufficient flexibility to meet changing circumstances and emergent requirements not known at the time of 

Congressional review of the budget while preserving Congressional 

priorities and intent. 

The Committee expects that each department and agency funded 

in this bill shall follow the directions set forth in this bill and the 

accompanying report, and shall not reallocate resources or reorganize activities except as provided herein. Reprogramming procedures shall apply to funds provided in this bill, unobligated balances from previous appropriations Acts that are available for obligation or expenditure in fiscal year 2013, and non-appropriated resources such as fee collections that are used to meet program requirements in fiscal year 2013. As specified in section 505, the 

Committee expects that the Appropriations Subcommittees on 

Commerce, Justice, Science, and Related Agencies of the House and 

Senate will be notified by letter a minimum of 15 days prior to any 

reprogramming of funds that— 

(1) creates or initiates a new program, project or activity; 

(2) eliminates a program, project or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or restricted; 

(4) relocates an office or employees; 

(5) reorganizes or renames offices, programs or activities; 

(6) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

(7) augments existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 

10 percent funding for any program, project or activity, or 

numbers of personnel by 10 percent; or 

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

a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress. 

Any reprogramming request shall include any out-year budgetary 

impacts and a separate accounting of program or mission impacts 

on estimated carryover funds. The Committee further expects any 

department or agency funded in this bill which plans a reductionin-force to notify by letter the Committee 30 days in advance of the 

date of any such planned personnel action. 


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RELATIONSHIP WITH BUDGET AND COMPTROLLER’S OFFICES

Through the years the Appropriations Committee has channeled 

most of its inquiries and requests for information and assistance 

through the budget offices or comptroller organizations of the various departments, agencies and commissions. Such relationships 

are necessary to accomplish the work of the Committee. While the 

Committee reserves the right to call upon all organizations in the 

departments, agencies and commissions for information and assistance, the primary contact between the Committee and these entities must be through the budget offices and comptroller organizations, or through a legislative affairs unit designated by the Committee to work on appropriations and budget matters. 

The workload generated in the budget process is large and growing; therefore, a positive, responsive relationship between the Committee and the budget and/or comptroller offices is essential for the 

Committee to fulfill the Constitutional appropriations responsibilities of Congress. 

OPPORTUNITIES FOR DOMESTIC MANUFACTURERS

The Committee directs the Departments of Commerce and Justice, NASA and NSF each to provide a report to the Committee on 

manufactured products they purchase on a regular basis (or which 

are purchased on their behalf) that are not currently manufactured 

in the United States. An interim report is required no later than 

180 days after enactment of this Act, with a final report due no 

later than 365 days after the enactment of this Act. The final report shall also be shared with the President’s Manufacturing Council and the Administrator of the Manufacturing Extension Partnership. 

TITLE I 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The Committee recommends $467,737,000 in total resources for 

the programs of the International Trade Administration (ITA), 

which is $2,737,000 above fiscal year 2012 and $58,702,000 below 

the request. This amount is offset by $9,439,000 in estimated fee 

collections, resulting in a direct appropriation of $458,298,000. Of 

the amounts provided, funds are to be distributed as follows; any 

deviation of funds shall be subject to the procedures set forth in 

section 505 of this Act: 

Manufacturing and Services .............................................................. $42,130,000 

Market Access and Compliance ......................................................... 44,683,000 

Import Administration ....................................................................... 77,296,000 

Trade Promotion and the U.S. and Foreign Commercial Service .. 277,824,000 

Executive Direction/Administration .................................................. 24,365,000 

Consolidation ...................................................................................... ¥8,000,000 

Total ............................................................................................. $458,298,000 

ITA reorganization.—The Committee notes that the budget request hints at plans for organizational changes at ITA, but does not 


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propose any specific changes. The Committee encourages ITA to examine its organizational structure and redirect resources to key export promotion programs; target emerging markets; expand market 

access; and more aggressively enforce trade agreements. The Committee reminds ITA that any organizational changes that it intends 

to effect, including any plan to consolidate its four business units 

into three, is subject to the reprogramming requirements of section 

505 of this Act. Any such notification shall include additional cost 

savings that may be identified, and the timeframes for implementation. Any reorganization should include a description of ITA’s 

participation in the Interagency Trade Enforcement Center (ITEC) 

and how ITA’s proposed organizational structure will enable ITA to 

most effectively utilize its resources to expand American business 

export opportunities and enforce trade agreements. 

Trade Promotion and the U.S. and Foreign Commercial Service.—The Committee recommends $277,824,000 for Trade Promotion and the U.S. and Foreign Commercial Service, which is 

$8,020,000 above fiscal year 2012 and $40,353,000 below the 

amount requested. This increase is in addition to enhancements 

provided by the Committee in fiscal year 2012 for the National Export Initiative. The Committee directs ITA to submit a deployment 

plan no later than 90 days after enactment of this Act for the enhancements provided in fiscal year 2012 and an additional enhancement provided in fiscal year 2013. 

SelectUSA.—The Committee recommends $6,125,000 for the 

SelectUSA initiative, which is $3,425,000 more than the fiscal year 

2012 level and $6,125,000 less than the request. The ITA redirected $2,700,000 in fiscal year 2012 base resources to provide assistance to States through a new interagency investment facilitation task force; engage in advocacy and outreach to promote the 

United States as the best market for business operations; and consolidate all information on Federal programs and services available 

to companies that operate in the United States. No later than November 30, 2013, the Secretary shall report on the location and 

type of assistance provided, the State to which firms sought to relocate and why, as well as the number of foreign firms that actually 

decided to locate in the United States as a result of the SelectUSA 

process. The Secretary shall notify the Committee promptly if any 

foreign direct investment proposals facilitated by SelectUSA are referred to the Committee on Foreign Investment in the United 

States. 

Interagency Trade Enforcement Center.—The Administration proposed the creation of the ITEC in March 2012 to collocate personnel from ITA, the Office of the U.S. Trade Representative and 

other executive branch agencies to improve trade enforcement. ITA 

redirected $4,400,000 in base resources during fiscal year 2012 to 

support its involvement in this initiative. The Committee notes 

that no new authorities were requested to establish this program 

and that it is intended to augment existing capabilities. The Committee is supportive of efforts to enhance trade enforcement and 

therefore recommends $15,075,000 for these activities in fiscal year 

2013 to enable ITA to augment its existing enforcement capabilities. Personnel from ITA’s Import Administration, Market Access 

and Compliance and Manufacturing and Services programs will be 

detailed to the ITEC during fiscal year 2013 to assist with specific 


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trade enforcement issues. The Committee directs ITA to submit a 

report no later than 180 days after enactment of this Act describing 

performance goals, timeframes for achieving these goals, as well as 

how ITA intends to support the ITEC in the context of any future 

reorganization. 

China anti-dumping and countervailing duty activities.—The 

Committee includes revised bill language directing ITA to spend no 

less than $11,400,000 for China anti-dumping and countervailing 

duty enforcement and compliance activities. ITA shall submit a report to the Committee no later than 120 days after enactment of 

this Act detailing the amounts planned and full time equivalents 

(FTE) assigned to these activities, including the organizational unit 

to which these are assigned. Any proposed reorganization of ITA 

shall include information on how the ITEC will enhance ITA’s capability with respect to pursuing additional cases against China. 

Trade enforcement remedies.—The Committee directs ITA, in cooperation with the Office of the U.S. Trade Representative and 

other trade enforcement agencies, to employ all remedies authorized by World Trade Organization rules to counter the effects of the 

Chinese government’s extensive subsidies and their impact on U.S. 

products and services. The Committee also directs the Secretary of 

Commerce, in consultation with other relevant executive branch 

agencies, to assess the extent to which existing laws provide remedies against anticompetitive actions of Chinese state-owned or 

state-invested enterprises operating in the U.S. market. This assessment shall include for possible consideration additional legal 

remedies that may be necessary. The ITA shall submit this report 

to the Committee no later than 120 days after enactment of this 

Act. 

Bilateral investment treaties.—The Committee directs ITA to ensure that any bilateral investment treaty with China includes language on the principles of nondiscrimination and competitive neutrality between state-owned enterprises and other state-invested or 

state-supported entities and private enterprises. ITA shall submit 

a report to the Committee no later than November 30, 2013, detailing any such treaties and compliance with this directive. 

Chinese investment in the U.S.—The Committee directs ITA to 

report annually on Chinese investment in the United States, including data on investments by Chinese state-owned enterprises 

and other state-affiliated entities. The first such report shall be 

submitted to the Committee by the end of the first quarter of fiscal 

year 2013. 

Export.gov—The Committee supports ITA’s efforts to upgrade its 

website and procure a new customer relationship management system and directs ITA to fund these upgrades within existing resources. ITA shall submit a spending plan as soon as practicable 

showing what base resources ITA intends to devote to this process 

and the timeframes for transitioning to the new website and system. 

Offsetting fee collections.—The Committee notes that a report on 

ITA’s review of fee-based programs was to be completed by midsummer 2011. The Committee directs ITA to submit this report as 

soon as possible. 

Human rights training.—The Committee directs ITA to continue 

to ensure that current and new customer-facing employees receive 


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human rights training and to report to the Committee no later 

than 120 days after enactment of this Act regarding the number 

of staff trained during fiscal years 2011 and 2012, a description of 

this training, and any improvements or changes ITA has documented as a result of this training. 

Support for firms.—The Committee encourages ITA to ensure 

that it is providing adequate support and services for women-, 

minority- and veteran-owned firms that are seeking assistance in 

gaining access to foreign markets for their products and services. 

The Committee recognizes that these firms possess tremendous 

economic potential if they participate more actively and effectively 

in export markets. As such, the Committee urges ITA to conduct 

outreach and promotional activities to such firms to enable them 

to assist in our trade goals of creating jobs and increasing exports. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

The Committee recommends $101,000,000 for the Bureau of Industry and Security (BIS), which is the same as fiscal year 2012 

and $1,328,000 below the request. Of the amounts provided, funds 

are to be distributed as follows; any deviation of funds shall be subject to the procedures set forth in section 505 of this Act: 

Export Administration ....................................................................... $57,083,000 

Export Enforcement ........................................................................... 38,623,000 

Management and Policy Coordination .............................................. 5,294,000 

Total ............................................................................................. $101,000,000 

Export control reform.—The Committee directs BIS to begin providing quarterly updates, beginning with the first quarter of fiscal 

year 2013, regarding ongoing export control reforms and process 

improvements that BIS will incorporate to ensure that it can conduct due diligence before an export license is granted and adequately conduct post-sale verification. 

ECONOMIC DEVELOPMENT ADMINISTRATION

The Committee recommends $219,500,000 for the programs and 

administrative expenses of the Economic Development Administration (EDA), which is $238,000,000 below fiscal year 2012 and 

$219,000 below the request. The fiscal year 2012 appropriation included $200,000,000 for disaster assistance for areas that received 

a disaster designation in fiscal year 2011. 

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

The Committee recommends $182,000,000 for Economic Development Assistance programs, which is $38,000,000 below the comparable non-disaster fiscal year 2012 level and the same as the request. The Committee expects EDA to continue its efforts to assist 

communities impacted by economic dislocations in the coal and timber industries at no less than the fiscal year 2006 level, and to 

prioritize assistance to distressed rural communities. The Committee also directs EDA to ensure that grant decision-making authority is maintained in the regional offices. Of the amounts provided, 

funds are to be distributed as follows; any deviation of funds shall 

be subject to the procedures set forth in section 505 of this Act: 


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Public Works ....................................................................................... $85,500,000 

Planning .............................................................................................. 27,000,000 

Technical Assistance .......................................................................... 12,000,000 

Research and Evaluation ................................................................... 1,500,000 

Trade Adjustment Assistance ............................................................ 15,800,000 

Economic Adjustment Assistance ...................................................... 40,200,000 

Total ............................................................................................. $182,000,000 

Repatriation grants.—Of the amount provided for Economic Adjustment Assistance, EDA shall use no less than $5,000,000 to continue efforts to encourage U.S. firms to relocate their manufacturing or services back to the United States. The Committee 

encourages EDA to include Native American communities as potential locations for these repatriation activities. The Committee established this program in fiscal year 2012 and directs EDA to submit a report no later than 120 days after enactment of this Act 

describing the number and types of industries that sought to take 

advantage of this program as well as a list of grants approved during fiscal year 2012. 

Innovative manufacturing loans.—Of the amount provided for 

Economic Adjustment Assistance, $5,000,000 is for Federal loan 

guarantees to small- and medium-sized manufacturers for the use 

or production of innovative technologies, as authorized by section 

26 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 

U.S.C. 3721). The Committee believes this program has the potential to boost manufacturing output and create manufacturing jobs 

in the United States. EDA shall report to the Committee in its fiscal year 2014 budget request regarding the implementation of this 

program, to include the number of loans provided, the amount of 

the loans, and the businesses supported. EDA shall continue to 

consult with the Commerce Inspector General to ensure that EDA 

incorporates appropriate oversight protocols and meets Federal 

Credit Reform Act requirements. 

Vocational training opportunities.—The Committee encourages 

EDA to consider developing programs that include supporting vocational and post-secondary training in economically distressed rural 

areas with high unemployment rates in order to address the shortage of skilled workers in various industries. 

SALARIES AND EXPENSES

The Committee recommends $37,500,000 for EDA salaries and 

expenses, which is the same as fiscal year 2012 and $219,000 below 

the request. The Committee directs EDA to prioritize filling vacancies in the field rather than at headquarters to enable EDA to provide assistance to distressed communities in a timely manner. 

Cyber intrusion.—The Department of Commerce Chief Information Officer shall provide a report to the Committee no later than 

90 days after enactment of this Act describing the cyber intrusion 

incident at EDA and the steps implemented to ensure that the Department’s networks are hardened according to the information 

technology security requirements established in the Federal Information Security Management Act (Public Law 107–347) and other 

relevant Federal cybersecurity mandates. Additional discussion 

about Commerce Department information technology networks is 

included in the Departmental Management section of this report. 


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Shift from traditional economic development role.—The Committee remains concerned that EDA is shifting away from providing traditional infrastructure development assistance to rural 

communities impacted by systemic, long-term unemployment and 

economic distress. For example, a recent rural economic development initiative announced by the Administration includes language 

in the accompanying Federal Funding Opportunity announcement 

that states in part, ‘‘Projects must benefit rural communities, but 

applicants need not be physically located in a rural community.’’ 

The Committee directs the Government Accountability Office 

(GAO) to review EDA grants provided between fiscal years 2006 

through 2012, to include the criteria EDA used to determine eligibility for each grant, the unemployment rate of the county of the 

grantee as compared to the state and national average during that 

year, the total number of persons living in poverty in the county 

of the grantee as compared to the state and national average during that year, the population density of the county that received 

the grant and the type of project funded. This review, to be submitted to the Committee by February 5, 2013, shall include a review of grants provided under the Economic Adjustment Assistance 

and Public Works programs. 

Nexus with manufacturing.—The Committee encourages EDA 

and the National Institute of Standards and Technology (NIST) 

Manufacturing Extension Partnership (MEP) program to collaborate on ways to encourage manufacturers or manufacturing supply 

chain firms to locate in areas impacted by severe and continued 

economic distress as indicated by high rates of unemployment and 

poverty. 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

The Committee recommends $28,689,000 for the Minority Business Development Agency (MBDA), which is $1,650,000 below fiscal year 2012 and the same as the request. 

Assistance for agricultural and manufacturing startups.—The 

Committee notes that manufacturing and agricultural startup companies often face particular challenges that can impede their 

chances of success. Therefore, the Committee expects MBDA to 

work with the MEP program at NIST and with ITA to see how 

their efforts can be better coordinated to ensure that Commerce is 

able to provide end-to-end services for startup businesses, including 

ones that are minority-owned. 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

The Committee recommends $96,000,000 for economics and statistical analysis, which is the same as fiscal year 2012 and 

$4,269,000 below the request. 

BUREAU OF THE CENSUS

The Committee recommends a total of $878,693,000 for the Bureau of the Census, which is $9,643,000 below fiscal year 2012 and 

$91,732,000 below the request. 


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Census Working Capital Fund.—In fiscal year 2012, the Bureau 

had large unobligated balances in its Working Capital Fund. 

Therefore, the Committee transferred $55,000,000 in such balances 

from its Working Capital Fund to the Periodic Censuses and Programs account to meet current year program requirements. The 

Committee notes that GAO’s November 2011 report, Intragovernmental Revolving Funds: Commerce Departmental and Census 

Working Capital Funds Should Better Reflect Key Operating Principles, identified several areas in need of improvement for effective 

management of the Census Working Capital Fund. The Committee 

understands that as a result of this review, the Bureau is conducting an evaluation of its Working Capital Fund and that this 

review is expected to be complete in August 2012. The Committee 

expects that the Department shall review suggested changes to the 

management of the Census Working Capital Fund and brief the 

Committee on the results of this review no later than September 

28, 2012. 

SALARIES AND EXPENSES

The Committee recommends $253,336,000 for the salaries and 

expenses of the Bureau of the Census, which is the same as fiscal 

year 2012 and $5,839,000 below the request. Of the amounts provided, funds are to be distributed as follows; any deviation of funds 

shall be subject to the procedures set forth in section 505 of this 

Act: 

Current Economic Statistics .............................................................. $177,758,000 

Current Demographic Statistics ........................................................ 72,995,000 

Survey Development and Data Services ........................................... 2,583,000 

Total ................................................................................................. $253,336,000 

PERIODIC CENSUSES AND PROGRAMS

The Committee recommends a total of $625,357,000 for periodic 

censuses and programs, which is $9,643,000 below fiscal year 2012 

and $85,893,000 below the request. The fiscal year 2012 appropriation included a $55,000,000 transfer from the Census Working Capital Fund. Of the amounts provided, funds are to be distributed as 

follows; any deviation of funds shall be subject to the procedures 

set forth in section 505 of this Act: 

Economic Statistics Programs 

Economic Censuses ......................................................................... $132,292,000 

Census of Governments .................................................................. 10,471,000 

Demographic Statistics Programs 

Intercensal Demographic Estimates ............................................. 10,092,000 

2010 Decennial Census Program ................................................... 284,373,000 

2020 Decennial Census .................................................................. 79,829,000 

Demographic Surveys Sample Redesign ....................................... 9,833,000 

Geographic Support ........................................................................ 66,035,000 

Data Processing System ................................................................. 32,432,000 

Total ............................................................................................. $625,357,000 

Economic Census.—The Committee recommends $132,292,000 for 

the Economic Census, which is $20,000,000 above fiscal year 2012 

and $20,446,000 less than the request. Funding is reduced for collection and processing activities because responses are not due 


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until five months into fiscal year 2013, and for data tabulation and 

macro analysis because Census will not begin these efforts until 

the end of fiscal year 2013. 

2020 Decennial Census.—The Committee recommendation for the 

2020 Decennial Census is $79,829,000 which is $13,199,000 above 

fiscal year 2012 and $51,596,000 below the request. The Committee 

recommends reduced funding because the Bureau has not yet established procedures that will enable it to increase response rates 

while containing costs. As recommended by the GAO in its report, 

Decennial Census: Additional Actions Could Improve the Census 

Bureau’s Ability to Control Costs for the 2020 Census, the Committee directs the Bureau to develop a method to identify and address specific factors that contribute to significant cost increases, 

identify key decision points, and finalize guidance for the 2020 life 

cycle cost estimate. The Committee directs the Bureau to analyze 

data from key census-taking activities to determine their marginal 

costs and benefits, and use this information to inform decisions on 

developing more cost-effective methods for 2020. The Committee directs the Bureau to submit yearly cost estimates and a total life 

cycle cost estimate for the 2020 Decennial as part of its fiscal year 

2014 Congressional budget submission. Further, GAO’s report, 

2010 Census: Preliminary Lessons Learned Highlight the Need for 

Fundamental Reforms, estimated the cost of the 2010 Decennial at 

$13 billion. The Committee expects that the total life cycle cost for 

the 2020 Decennial will not exceed this amount. The Committee directs the Census Bureau to submit a spending plan for the 2020 

Decennial Census funds no later than 90 days after enactment of 

this Act, to include activities and milestones that will be accomplished with the fiscal year 2013 appropriation. 

Cloud computing initiative.—The Committee understands that 

the Bureau is establishing a cloud computing infrastructure to support future IT business requirements. The Committee expects that 

the Bureau will collaborate with the Commerce Chief Information 

Officer and leverage the expertise of NIST’s research in cloud computing to ensure that the systems developed are appropriately 

secure from cyber intrusion, and will increase efficiencies and savings. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends $45,568,000 for the salaries and expenses of the National Telecommunications and Information Administration (NTIA), which is the same as fiscal year 2012 and 

$1,357,000 below the request. 

Public Safety Broadband Corporation.—The Committee directs 

NTIA and NIST to provide an implementation schedule to the 

Committee no later than 120 days after enactment of this Act that 

describes the timeframes for deploying the ‘‘FirstNet’’ public safety 

broadband network established under Public Law 112–96 and includes a description of the types of research NIST will undertake 

and how this research will inform the NTIA grant-making process. 

Broadband Technology Opportunities Program.—The Committee 

directs NTIA to continue submitting quarterly reports on the 


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Broadband Technology Opportunities Program. As part of this report, NTIA shall include a particular emphasis on the seven 

projects that are supporting deployment of 700 MHz public safety 

broadband networks and describe how these projects will be coordinated with ‘‘FirstNet’’ noted above. 

Institute for Telecommunications Sciences (ITS).—The recommendation includes a requested $1,886,000 reduction to eliminate multimedia quality research at the NTIA’s ITS. The Committee directs the Secretary of Commerce to examine the research 

on public safety wireless communication conducted by ITS and 

make recommendations by February 5, 2013, for merging all or 

some of these research components into NIST. Further, the Committee expects NTIA to engage the National Academy of Sciences 

to analyze the research and activities of ITS and make recommendations regarding the extent to which ITS research is addressing 

future telecommunications challenges and spectrum needs. This report shall be provided to the Committee by June 2013. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

The Committee recommends $2,933,241,000 for the United 

States Patent and Trademark Office (PTO), the full amount of fiscal year 2013 fee collections estimated by the Congressional Budget 

Office. The spending authority provided by this bill represents an 

increase of $255,241,000, or 9.5 percent, above fiscal year 2012. 

The recommendation maintains language making available any excess fee collections above the level provided in this Act. 

Quarterly reports.—The Committee directs PTO to continue providing quarterly reports on actual and projected fee collections. In 

addition, PTO shall include in this report the number of examiners 

and administrative patent judges hired and the number separated; 

the average pendency time to first action and average pendency to 

disposal; and updates on the backlog. 

Reprogramming and reserve.—The recommendation maintains 

bill language making available fee collections above the appropriated funding level and requiring PTO to follow the reprogramming notification procedures outlined in section 505 of this Act before using such excess fee collections. In addition, the Committee 

understands that PTO plans to establish and grow an operating reserve that will equal one third of its yearly operating budget. Prior 

to obligating any of the funds in its operating reserve during fiscal 

year 2013, the PTO shall submit to the Committee a reprogramming notification with a spending plan describing how it intends to 

use these funds. The Committee expects that PTO will establish a 

schedule for submitting such notifications that is predictable and 

describes how the expenditure of these reserve funds will improve 

patent quality, reduce the backlog of pending applications and appeals, improve the information technology infrastructure, or otherwise improve the efficiency and effectiveness of PTO. 

Secrecy orders.—During fiscal year 2012, PTO convened national 

security agencies in order to review the current standards for 

issuing a secrecy order to determine whether those standards 


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should be updated, and to examine the extent to which these agencies take into account export control subject matter. The Committee directs PTO to continue its efforts to ensure that the secrecy 

order process is updated as appropriate. The PTO shall conduct a 

review of this process and provide an annual report, to be submitted at the end of the second quarter of fiscal year 2014, on the 

secrecy order process, the recommendations of each participating 

agency, and any recommendations that are adopted. 

Third party cybersecurity standards.—The Committee directs 

PTO to add advisory language to the notices it sends to applicants 

informing them that their application has been placed under a secrecy order or may be sensitive from an economic or national security perspective. The Committee understands that PTO does not 

have statutory authority to require inventors and their lawyers to 

meet certain information security standards at their offices or other 

locations but expects PTO to advise applicants on minimum cybersecurity standards and best practices for private entities that electronically store private data on patent applications. PTO shall report to the Committee no later than 120 days after enactment of 

this Act regarding its implementation of this initiative. 

Trademark squatting.—The Committee directs PTO to submit a 

report to the Committee within 90 days of enactment of this Act 

detailing its efforts to date and future plans to combat the malicious practice of trademark squatting. 

Satellite offices.—The Committee supports PTO’s satellite office 

program and directs PTO to submit a report to the Committee no 

later than 120 days after enactment of this Act showing patent applications by State between fiscal years 2007 through 2011, the 

types of patent applications by State during this timeframe, the criteria PTO used to select the site of the first satellite office as well 

as the factors that PTO will use to determine the location of the 

remaining two satellite offices. This report shall also include an estimate of the yearly operating cost of each of the three satellite offices, to include breakouts of salaries and benefits, rent and other 

operating expenses, and information technology infrastructure 

needs. This report shall also include an update on the establishment of the first office as well as the number of applicants that this 

office has assisted since opening. 

Promoting stories of inventors.—The Committee notes that PTO 

is developing educational materials for use in K–12 schools, highlighting the accomplishments of inventors and the advances realized as a result of inventions. The Committee is greatly supportive 

of these efforts and believes that these efforts could be further enhanced by helping to educate students about the accomplishments 

of inventors who lived or are living in the same geographic areas 

in which the students themselves are residing. Furthermore, the 

Committee believes that highlighting the inventions of women and 

minority inventors could help spur interest in innovation and 

Science, Technology, Engineering, and Mathematics (STEM) education among female and minority students, who are too often 

underrepresented in STEM fields. The Committee directs PTO, in 

consultation with the National Science Foundation, the Department of Education, and other Federal agencies, to further enhance 

its educational outreach efforts by developing a strategic plan to: 

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tion accomplishments of inventors from specific geographic areas, 

so as to help inspire students and promote STEM education and 

STEM fields among students residing in these same areas; and (2) 

develop educational materials aimed at highlighting the innovation 

accomplishments of women and minority inventors in the United 

States, so as to help inspire female and minority students and further promote STEM education and boost representation in STEM 

fields among historically underrepresented groups. The Committee 

further directs PTO to submit this plan along with a schedule for 

implementing related actions no later than 120 days after enactment of this Act. In addition, the Committee directs PTO to include 

in its fiscal year 2014 Congressional budget request an accounting 

of any PTO costs associated with these actions. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

The Committee recommendation includes $830,173,000 for NIST, 

which is $79,349,000 above fiscal year 2012 and $26,827,000 below 

the request. 

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

The Committee recommendation includes $621,173,000 for 

NIST’s scientific and technical core programs, which is $54,173,000 

above fiscal year 2012 and $26,827,000 below the request. The recommendation provides funding above the current year for metrology infrastructure and standards to support biomanufacturing, 

standards to support nanomanufacturing, the Materials Genome 

Initiative, measurement science and standards to support smart 

manufacturing, the NIST Manufacturing Fellowship Program, secure and interoperable communications, and disaster resilience and 

natural hazards risk reduction. The Committee encourages NIST, 

as Federal coordinator for the National Initiative for Cybersecurity 

Education, to explore establishing a training program at NIST 

dedicated to cybersecurity education for veterans. The Committee 

encourages NIST to continue to explore the research field of 

graphene ribbon and carbon-based nanomanufacturing. 

Centers of Excellence.—The recommendation includes 

$20,000,000 as requested to establish four Centers of Excellence 

which are designed to focus on innovations in measurement science 

and emerging technology areas, including advanced communications, advanced manufacturing, biomanufacturing, cyberphysical 

systems, or quantitative biology. NIST shall use its existing organizational structure to implement this program and not develop another program office. 

National Strategy for Trusted Identities in Cyberspace (NSTIC).— 

The recommendation does not include funding for NSTIC. The 

Committee understands that fiscal year 2012 funding for pilots will 

not be obligated until the end of fiscal year 2012. NIST shall report 

to the Committee no later than 120 days after enactment of this 

Act listing the pilots funded and then, subsequently, regarding the 

results of these pilots. These reports shall also detail the activities 

and accomplishments of the National Program Office and Steering 

Group. NIST may support the work of the National Program Office 

in fiscal year 2013 with remaining balances of fiscal year 2012 apVerDate Mar 15 2010 01:23 May 03, 2012 Jkt 073989 PO 00000 Frm 00017 Fmt 6659 Sfmt 6602 E:\HR\OC\HR463.XXX HR463

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propriations. The report mentioned above shall include a spending 

plan for any such proposed use of fiscal year 2012 balances. 

INDUSTRIAL TECHNOLOGY SERVICES

The Committee recommends $149,000,000 for Industrial Technology Services, which is $20,557,000 above fiscal year 2012 and 

the same as the request. This amount includes $128,000,000 for 

the Manufacturing Extension Partnership (MEP) program, which is 

$443,000 below fiscal year 2012 and the same as the request. 

Manufacturing Extension Partnership program (MEP).—The 

MEP consists of 60 centers around the country that work with 

small- and medium-sized manufacturers to deliver technical assistance to improve their manufacturing processes. The Committee expects the MEP program to reduce overhead costs, which represent 

13 percent of the total program budget in fiscal year 2012, and use 

this funding to provide direct assistance to additional manufacturers. The GAO shall evaluate the extent to which the MEP program 

achieves administrative efficiencies and provide a report to the 

Committee by February 5, 2013. 

The Committee is disappointed that the Secretary has not submitted the report requested in the statement accompanying Public 

Law 112–55 regarding the MEP program and directs the Secretary 

to submit this report no later than May 1, 2012. 

National Innovation Marketplace (NIM).—Within the amount 

provided for the MEP program for fiscal year 2013, not less than 

$2,500,000 is for the NIM, a web-based tool being developed by 

NIST to help companies, communities, colleges and universities, inventors, and entrepreneurs accelerate supply chain connections and 

facilitate partnerships. The Committee commends the Department’s efforts to increase participation in the NIM, but notes that 

significant work remains to ensure that potential participants are 

aware of and able to access this helpful resource. The Committee 

directs the Department to provide, no later than 60 days after enactment of this Act, a specific and detailed plan for publicizing and 

promoting the NIM, with an aim toward greatly increasing participation throughout the country and across the Nation’s economy. 

The Committee directs the Department to include in this plan specific timetables paired with specific numerical goals for each category of NIM participant. 

Advanced Manufacturing Technology Consortia.—The Committee 

recommendation includes $21,000,000, the full amount requested, 

to establish industry-led Advanced Manufacturing Technology Consortia to identify and prioritize research projects supporting longterm industrial research needs. NIST shall provide a report and 

overall assessment to the Committee by February 5, 2013, that includes actual and planned obligation and expenditure data for each 

activity funded as well as a description of the activities, accomplishments, research areas identified, and long-term goals and 

milestones of the Advanced Manufacturing Technology Consortia 

program. The Committee expects NIST to allocate no more than 

$1,000,000 under this program for administrative costs and to ensure that competitive research awards under this program benefit 

all industry members and are based on open access to intellectual 

property. 


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CONSTRUCTION OF RESEARCH FACILITIES

The Committee recommends $60,000,000 for NIST construction, 

which is $4,619,000 above fiscal year 2012 and the same as the request. 

Boulder Building 1 renovation.—Of the amounts provided, 

$11,800,000 is provided as requested for continued renovation activities at the Boulder, Colorado, facility. NIST shall provide an update on the status of these renovations, to include obligations and 

expenditures of prior year funds, no later than 120 days after enactment of this Act. 

Safety, Capacity, Maintenance, and Major Repairs.—The remaining $48,200,000 in construction funds are provided for Safety, Capacity, Maintenance, and Major Repairs, as requested. NIST shall 

provide a report to the Committee no later than 30 days after enactment of this Act regarding the projects that will be funded and 

the milestones for completion. This report shall also include a description of projects previously funded between fiscal years 2009 

and 2012, to include a report on the obligations and expenditures 

of funds associated with each activity. NIST shall also provide a report, including obligations and expenditures, of projects funded 

with the $180,000,000 NIST received in the American Recovery 

and Reinvestment Act of 2009 (Public Law 111–5) to address 

NIST’s backlog of maintenance and renovation projects. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

The Committee recommends a total of $4,961,669,000 in discretionary funds for the National Oceanic and Atmospheric Administration (NOAA), which is $67,994,000 above fiscal year 2012 and 

$92,877,000 below the request. 

Congressional justifications.—The Committee did not receive 

budget justification materials from NOAA until over a month after 

the President’s budget submission. The Committee depends on the 

timely submission of this information in order to provide oversight 

and make funding recommendations and expects NOAA and the 

Department will ensure that this situation does not occur in the 

future. 

Science Advisory Board.—The Committee understands that the 

NOAA Science Advisory Board is evaluating NOAA’s research enterprise and the effectiveness of its management structure to meet 

its science requirements. Preliminary recommendations will be 

available later this year. The Committee requests that the NOAA 

Science Advisory Board brief the Committee no later than 30 days 

after providing its recommendations to NOAA. 

Administrative overhead.—The Committee directs NOAA to conduct a review of its programs with the goal of reducing and consolidating administrative overhead. For example, the Committee understands that during fiscal year 2011, NOAA administrative costs 

for the Coastal Zone Management (CZM) program were funded in 

at least three different lines on the NOAA funding table. NOAA 

shall submit a report no later than 120 days after enactment of 

this Act displaying administrative or other charges assessed by 

NOAA in fiscal years 2011 and 2012 to each of the lines on the 

NOAA ‘‘Control Table,’’ to include the amount assessed and the 

purpose. 


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Data sources.—The Committee directs GAO to examine NOAA’s 

various ocean and coastal data collection systems, including but not 

limited to: Integrated Ocean Observing System (IOOS), Physical 

Oceanographic Real-Time System (PORTS), National Water Level 

Observation Network (NWLON), Coastal-Marine Automated Network (C–MAN), Argo, Deep-ocean Assessment and Reporting of 

Tsunamis (DART), drifting buoys, the Toga Tao array, and gliders. 

This report, to be submitted no later than 180 days after enactment of this Act, shall include the location of these sensors; the 

yearly cost to maintain these systems; the NOAA line office that 

is responsible for the system; how these systems are used by the 

various NOAA line offices, other Federal government agencies and 

the private sector; and a review of the data that these systems provide, how this data is used and a determination as to whether or 

not the data they collect is duplicative of, different from or complements other data available to NOAA. 

Facilities Maintenance.—The Committee is concerned that NOAA 

does not maintain a standard for assessing facilities maintenance 

funding requirements. The Committee expects NOAA to provide 

more transparency and clarity in the ongoing maintenance needs 

of its labs and other facilities and therefore directs NOAA to include in its fiscal year 2014 Congressional budget submission separate facilities maintenance funding requests for each of the line offices. 

Biological opinions related to pesticide registration.—The Committee directs NOAA to submit a report on how it has complied 

with the March 2009 Presidential Memorandum to all executive 

branch departments and agencies that instructs each agency to 

conduct peer reviews on certain scientific information that the 

agency intends to disseminate. Specifically, the Committee directs 

NOAA to provide a report no later than 120 days after enactment 

of this Act on NOAA’s development of biological opinions on pesticide registrations in compliance with consultation requirements 

under section 7 of the Endangered Species Act. 

Coastal and marine spatial planning.—The Committee notes 

that coastal and marine spatial planning was funded as a separate 

line item in the National Ocean Service in fiscal year 2011. No 

funding was provided in fiscal year 2012 and none was requested 

in fiscal year 2013. Consequently, this bill includes no funds for 

coastal and marine spatial planning activities under any NOAA 

program, project or activity in this Act. 

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

The Committee recommendation includes a total program level of 

$3,102,435,000 under this account for the coastal, fisheries, marine, 

weather, satellite and other programs of NOAA. This total funding 

level includes $2,968,371,000 in direct appropriations, a transfer of 

$119,064,000 from balances in the ‘‘Promote and Develop Fishery 

Products and Research Pertaining to American Fisheries’’ account 

and $15,000,000 derived from recoveries of prior year obligations. 

The direct appropriation of $2,968,371,000 is $53,860,000 below fiscal year 2012 and $74,089,000 below the request. 


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The following narrative descriptions and tables identify the specific activities and funding levels included in this Act. 

National Ocean Service.—The recommendation provides $427,275,000 for National Ocean Service (NOS) operations, research and facilities. 

Navigation Services.—The Committee recommendation includes 

$150,829,000 for Navigation Services and restores the $1,240,000 

reduction proposed for the Navigation Response Teams. These 

teams respond to accidents and natural events that create navigation hazards but also spend a majority of their time conducting regular mapping and charting production activities that also contribute to navigation safety and efficiency. However, the Committee 

directs NOAA to pursue reimbursable agreements as appropriate 

with respect to providing assistance requested by other agencies in 

response to accidents or natural disasters. 

Ocean Resources Conservation and Assessment.—The Committee 

recommendation includes $148,589,000 for Ocean Resources Conservation and Assessment programs. Within this amount, NOAA 

recommends a total of $31,468,000 for IOOS, which is $2,080,000 

above the fiscal year 2012 amount. Within the amounts provided, 

NOAA shall ensure that sufficient resources are allocated for 

verification and validation of existing equipment. 

Marine debris.—The Committee does not approve of the transfer 

of these activities to the National Marine Fisheries Service and includes $3,000,000 for marine debris activities within NOS. 

Lessons learned from the Deepwater Horizon oil spill.—The Committee encourages NOAA to develop specific biosensor methodologies and validate specific model organisms to use as biological sentinels to detect the impacts of environmental disasters. In addition, 

the Committee encourages NOAA to draw on lessons learned from 

its response to the Deepwater Horizon oil spill and engage with its 

academic partners to develop a response plan in the event of an oil 

spill in the Caribbean. NOAA shall provide a report to the Committee no later than 120 days after enactment of this Act outlining 

a response plan. 

Competitive Research.—The Committee recommends $11,000,000 

for Competitive Research within NOS, which is $1,968,000 higher 

than fiscal year 2012 and the same as the request. All $11,000,000 

shall be used for competitive research and not for NOAA administrative activities or expenses. The Committee directs NOAA to assess the placement of this program within the NOS and whether 

this program is more appropriately funded in the Office of Oceanic 

and Atmospheric Research. NOAA shall report to the Committee 

on this assessment no later than 90 days after enactment of this 

Act. 

Coastal and Ocean Management.—The Committee recommends a 

total of $127,857,000 for coastal management and the Marine Sanctuary Program. The Committee directs the GAO to submit an evaluation of NOAA’s implementation of the Coastal Zone Management 

Act since it was enacted by Congress 40 years ago. This report 

shall include: amounts provided by year to each State since the 

program’s inception; a sampling of yearly milestones presented by 

NOAA and the States and whether or not those milestones and 

overall program goals have been achieved; a discussion of how the 

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ommendations for improvements in NOAA’s oversight of the program. This review shall include a sampling and description of how 

the States used the funds provided. The GAO shall provide this report to the Committee no later than 180 days after enactment of 

this Act. 

NATIONAL OCEAN SERVICE 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Navigation Services 

Mapping and Charting 

Mapping and Charting Base .............................................................................................................. $50,584 

Hydrographic Research and Technology Development ....................................................................... 6,964 

Electronic Navigational Charts ........................................................................................................... 5,780 

Shoreline Mapping .............................................................................................................................. 2,272 

Address Survey Backlog/Contracts ..................................................................................................... 26,946 

Subtotal, Mapping and Charting ................................................................................................................. 92,546 

Geodesy 

Geodesy Base ...................................................................................................................................... 26,822 

National Height Modernization ........................................................................................................... 2,406 

Subtotal, Geodesy ........................................................................................................................................ 29,228 

Tide and Current Data 

Tide and Current Data ........................................................................................................................ 29,055 

Subtotal, Tide and Current Data ................................................................................................................. 29,055 

Total, Navigation Services .................................................................................................................................... 150,829 

Ocean Resources Conservation and Assessment 

Ocean Assessment Program 

IOOS Regional Observations ............................................................................................................... 26,568 

NOAA IOOS .......................................................................................................................................... 4,900 

Coastal Storms ................................................................................................................................... 2,495 

Coastal Services Center ...................................................................................................................... 22,237 

Coral Reef Program ............................................................................................................................ 24,098 

Subtotal, Ocean Assessment Program ................................................................................................................. 80,298 

Response and Restoration 

Response and Restoration Base ......................................................................................................... 21,859 

Marine Debris ...................................................................................................................................... 3,000 

Subtotal, Response and Restoration .................................................................................................................... 24,859 

National Centers for Coastal Ocean Science 

National Centers for Coastal Ocean Science ..................................................................................... 32,432 

Competitive Research ......................................................................................................................... 11,000 

Subtotal, National Centers for Coastal Ocean Science .............................................................................. 43,432 

Total, Ocean Resources Conservation and Assessment ...................................................................................... 148,589 

Ocean and Coastal Management 

Coastal Management 

Coastal Zone Management Grants ..................................................................................................... 59,531 

Coastal Zone Management Act and Stewardship .............................................................................. 5,313 

Regional Ocean Partnership Grants ................................................................................................... 4,000 

National Estuarine Research Reserve System ................................................................................... 17,081 

Subtotal, Coastal Management ............................................................................................................................ 85,925 

Ocean Management 

Marine Sanctuary Program 


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NATIONAL OCEAN SERVICE—Continued 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Marine Sanctuary Program ................................................................................................................. 41,932 

Subtotal, Ocean Management .............................................................................................................................. 41,932 

Total, Coastal and Ocean Management ............................................................................................................... 127,857 

Total, National Ocean Service, Operations, Research, and Facilities ................................................................. $427,275 

National Marine Fisheries Service.—The Committee recommends 

$775,427,000 for the National Marine Fisheries Service (NMFS) operations, research and facilities. 

Protected Species Research and Management.—The Committee 

recommends $154,234,000 for Protected Species Research and Management programs, including the full request of $38,972,000 for 

base programs. NMFS shall submit a detailed breakout of this base 

funding to the Committee no later than 60 days after enactment 

of this Act. Within available resources, the Committee encourages 

NOAA to maintain funding for marine mammal stranding grants. 

Fisheries Research and Management.—The Committee recommends $425,042,000 for Fisheries Research and Management 

programs, including the full amount requested, $177,560,000, for 

base activities. NMFS shall submit a detailed breakout of this base 

funding to the Committee no later than 60 days after enactment 

of this Act. The Committee recommends $68,645,000, the full 

amount requested, for Expand Annual Stock Assessments and Improve Data Collection, which is $5,083,000 more than the fiscal 

year 2012 level for these activities. The Committee expects that 

NMFS will use these funds to improve its ability to accurately estimate fish stocks and urges NMFS to review recent National Academy of Sciences reports on stock assessments and other relevant 

topics and update its methodologies as appropriate. 

Salmon Management Activities.—The Committee recommends 

$36,920,000 for Salmon Management Activities. Within this 

amount, an increase of $10,000,000 is provided above the request 

to allow hatcheries to be reformed according to the recommendations of the Hatchery Scientific Review Group. 

Enforcement and Observers Training.—The Committee recommends $110,289,000 for Enforcement and Observers Training, 

which is $4,928,000 above the fiscal year 2012 level and the same 

as the request. The Committee directs NOAA to implement the recommendations from the Commerce Inspector General report OIG– 

12–019–I, More Action Needed to Improve Controls in Asset Forfeiture Fund, particularly with respect to implementing controls to 

ensure that all proceeds received are accurately recorded. NOAA 

shall report to the Committee no later than 120 after enactment of 

this Act regarding progress made in addressing the problems 

raised in the Inspector General report. 

Habitat Conservation and Restoration.—The Committee does not 

approve of the transfer of the Marine Debris program from NOS to 

NMFS; funds are provided for these activities in NOS, as in previous years. 


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Cooperative research.—The recommendation includes the full 

$12,000,000 requested for cooperative research, which is $1,035,000 

more than the fiscal year 2012 level. The Committee expects that 

all funding provided shall be used for cooperative fisheries research 

and not for NOAA activities or administrative overhead costs. 

Marine invasive species.—The Committee encourages NMFS to 

strengthen partnerships with states and interstate fisheries commissions on the management and research of marine invasive species. 

NATIONAL MARINE FISHERIES SERVICE 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Protected Species Research and Management 

Protected Species Research and Management Programs Base ................................................................. $38,972

Species Recovery Grants .............................................................................................................................. 4,317 

Marine Mammals ......................................................................................................................................... 39,969 

Marine Turtles .............................................................................................................................................. 9,569 

Other Protected Species (marine fish, plants, and invertebrates) ............................................................. 6,433 

Atlantic Salmon ........................................................................................................................................... 2,700 

Pacific Salmon ............................................................................................................................................. 52,274 

Total, Protected Species Research and Management .......................................................................................... 154,234 

Fisheries Research and Management 

Fisheries Research and Management Programs Base ............................................................................... 177,560 

National Catch Share Program .................................................................................................................... 25,200 

Expand Annual Stock Assessments—Improve Data Collection .................................................................. 68,645

Economics and Social Sciences Research .................................................................................................. 6,996 

Salmon Management Activities ................................................................................................................... 36,920 

Regional Councils and Fisheries Commissions ........................................................................................... 24,614 

Fisheries Statistics ...................................................................................................................................... 21,178 

Fish Information Networks ........................................................................................................................... 19,937 

Survey and Monitoring Projects ................................................................................................................... 21,902 

Fisheries Oceanography ............................................................................................................................... 6,432 

American Fisheries Act ................................................................................................................................ 5,058 

National Standard 8 .................................................................................................................................... 915 

Reducing Bycatch ........................................................................................................................................ 3,096 

Product Quality and Safety .......................................................................................................................... 6,589 

Total, Fisheries Research and Management ........................................................................................................ 425,042 

Enforcement and Observers/Training 

Enforcement ................................................................................................................................................. 67,123 

Observers/Training ....................................................................................................................................... 43,166 

Total, Enforcement and Observers/Training ......................................................................................................... 110,289 

Habitat Conservation and Restoration 

Habitat Management and Restoration ........................................................................................................ 29,388 

Total, Habitat Conservation and Restoration ....................................................................................................... 29,388 

Other Activities Supporting Fisheries 

Antarctic Research ....................................................................................................................................... 2,489 

Aquaculture .................................................................................................................................................. 5,115 

Climate Regimes and Ecosystem Productivity ............................................................................................ 1,626 

Computer Hardware and Software .............................................................................................................. 1,658 

Cooperative Research .................................................................................................................................. 12,000 

Information Analyses and Dissemination .................................................................................................... 16,163 

Marine Resources Monitoring, Assessment and Prediction Program ......................................................... 758 

National Environmental Policy Act .............................................................................................................. 5,910 

NMFS Facilities Maintenance ....................................................................................................................... 3,052 


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NATIONAL MARINE FISHERIES SERVICE—Continued 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Regional Studies .......................................................................................................................................... 7,703 

Total, Other Activities Supporting Fisheries ......................................................................................................... 56,474 

Total, National Marine Fisheries Service, Operations, Research, and Facilities ................................................. $775,427 

Oceanic and Atmospheric Research.—The Committee recommends $404,941,000 for Oceanic and Atmospheric Research 

(OAR) operations, research, and facilities activities. This amount is 

$30,519,000 above the fiscal year 2012 level and $1,500,000 more 

than the request. This funding level underscores the Committee’s 

prioritization of research across the broad spectrum of NOAA programs. 

Balancing the research portfolio.—The Committee notes that the 

overall request for Climate Research activities exceeds that for 

Weather and Air Chemistry Research and Ocean, Coastal, and 

Great Lakes Research combined. Therefore, the Committee recommends a more balanced funding allocation across NOAA’s research programs, including additional funding for Weather and Air 

Chemistry and Ocean, Coastal, and Great Lakes Research programs. This reallocation provides for the ongoing operation at no 

less than current operating levels of NOAA’s research labs funded 

within OAR. The Committee encourages NOAA and its Science Advisory Board to review NOAA’s overall research portfolio to ensure 

that it is appropriately allocated to support NOAA’s core operational mission requirements. 

Weather and Air Chemistry Research.—The Committee directs 

NOAA to provide a report no later than 120 days after enactment 

of this Act regarding the use of unmanned aerial systems in hurricane research. 

The recommendation includes requested funding for Multi-function Phased-Array Radar research and development for improved 

forecast accuracy. The Committee supports NOAA’s ongoing deployment of dual polarization capability which is critical for improving 

the ability of weather forecasters to better distinguish precipitation 

types. The Committee encourages NOAA to continue its internal 

and external research and development activities in this area, and 

to submit a report no later than February 5, 2013, on these efforts. 

In addition, the Committee directs NOAA to collaborate with the 

National Science Foundation and academic and private sector partners to study tornadoes and other severe weather events, including, 

but not limited to, variables in humidity and topography and how 

these factors can impact the formation, intensity, and storm path 

of tornadoes. NOAA shall report to the Committee, within 90 days 

of enactment, on plans for this research. 

Ocean Exploration and Research.—The Committee supports 

ocean exploration and research and educational programs and provides $23,000,000 for these activities, which is $545,000 below fiscal year 2012 and $3,335,000 above the request. The Committee 

encourages NOAA to utilize its two exploration ships, the Oceanos 


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Explorer and the E/V Nautilus, on research and exploration missions in the U.S. Exclusive Economic Zone. 

OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Climate Research 

Laboratories and Cooperative Institutes ............................................................................................ $53,350 

Climate Data and Information ........................................................................................................... 13,003 

Climate Competitive Research, Sustained Observations and Regional Information ........................ 120,000 

Total, Climate Research ....................................................................................................................................... 186,353 

Weather and Air Chemistry Research 

Laboratories and Cooperative Institutes ............................................................................................ 63,476 

U.S. Weather Research Program ......................................................................................................... 7,553 

Tornado Severe Storm Research/Phased Array Radar ....................................................................... 13,008 

Total, Weather and Air Chemistry Research ........................................................................................................ 84,037 

Ocean, Coastal, and Great Lakes Research 

Laboratories and Cooperative Institutes ............................................................................................ 31,125 

National Sea Grant College Program Base ........................................................................................ 57,092 

Marine Aquaculture Program .............................................................................................................. 4,556 

Ocean Exploration and Research ........................................................................................................ 23,000 

Integrated Ocean Acidification ........................................................................................................... 6,400 

Total, Ocean, Coastal, and Great Lakes Research .............................................................................................. 122,173 

High Performance Computing Initiatives ............................................................................................................. 12,378 

Total, Office of Oceanic and Atmospheric Research, Operations, Research, and Facilities .............................. $404,941 

National Weather Service.—The Committee recommends 

$897,055,000 for National Weather Service (NWS) operations, research and facilities, which is $3,709,000 below the enacted level 

and $22,301,000 above the request. The Committee continues to 

prioritize funding for these core life and safety programs. 

Local Warnings and Forecasts base.—The recommendation for 

Local Warnings and Forecasts base activities is $639,905,000, 

which is $8,737,000 more than the current level and $11,341,000 

more that the request. The Committee does not support NOAA’s 

proposal to reduce funding for information technology positions at 

each of the Weather Forecast Offices (WFO). Eliminating these positions during deployment of Advanced Weather Interactive Processing System (AWIPS) upgrades is risky. In addition, NOAA has 

not yet developed a thorough concept for where the proposed information technology deployment teams would be located, how many 

technicians would be on each team, or how they would be deployed 

if more than four information technology needs arose at the same 

time. The recommendation supports the continuation of such positions at each WFO. 

NOAA Profiler Network.—The recommendation includes 

$4,228,000 to maintain NOAA’s Profiler Network (NPN), which is 

the same as the fiscal year 2012 level and $2,417,000 more than 

the request. The NPN consists of 35 operational and two support 

radars that observe wind direction and velocity at various altiVerDate Mar 15 2010 05:35 May 03, 2012 Jkt 073989 PO 00000 Frm 00026 Fmt 6659 Sfmt 6602 E:\HR\OC\HR463.XXX HR463

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tudes. The data collected have improved probability of detection, 

decreased false alarm rates, and improved lead time for tornado 

warnings and other severe weather events. Thirty of these wind 

profilers are located along ‘‘Tornado Alley.’’ The Committee does 

not agree with the proposal to eliminate funding for technology refreshments for the NPN. The Committee is disappointed that 

NOAA chose to eliminate this funding and not propose alternative 

data sources to ensure continuity of the types of data collected by 

the NPN. The Committee directs NOAA to submit a report no later 

than 90 days after enactment of this Act with a plan for utilizing 

other data sources that can provide similar or better data than that 

currently provided by the NPN. 

Strengthen U.S. tsunami warning network.—The recommendation includes $23,466,000 for NOAA’s tsunami program, which is 

the same as fiscal year 2012 and $4,554,000 above the request. The 

Committee does not approve of NOAA’s proposal to terminate partner funding for education and awareness programs of the National 

Tsunami Hazard Mitigation Program or NOAA’s proposal to reduce 

funding for maintenance of the DART buoy network. The Committee expects NOAA to repair any DART stations that are not 

currently operational and report to the Committee no later than 30 

days after enactment of this Act regarding the status of the entire 

DART network. The Committee also expects NOAA to engage the 

National Academy of Sciences to review the need for, and assess 

the utility of, establishing a third tsunami warning center in the 

Caribbean, collocated at one of NOAA’s existing facilities. 

NATIONAL WEATHER SERVICE 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Local Warnings and Forecasts 

Local Warnings and Forecasts Base .................................................................................................. $639,905 

Air Quality Forecasting ....................................................................................................................... 3,987 

Alaska Data Buoys .............................................................................................................................. 1,683 

Sustain Cooperative Observer Network .............................................................................................. 1,865 

NOAA Profiler Network ......................................................................................................................... 4,228 

Strengthen U.S. Tsunami Warning Network ....................................................................................... 23,466 

Pacific Island Compact ...................................................................................................................... 3,775 

Subtotal, Local Warnings and Forecasts ..................................................................................................... 678,909 

Operations and Research 

Advanced Hydrological Prediction Services ........................................................................................ 6,209 

Aviation Weather ................................................................................................................................. 21,452 

WFO Maintenance ............................................................................................................................... 6,588 

Weather Radio Transmitters ............................................................................................................... 2,297 

Subtotal, Operations and Research ............................................................................................................. 36,546 

Central Forecast Guidance ................................................................................................................. 79,224 

Total, Local Warnings and Forecasts, Operations and Research, Central Forecast Guidance ........................... 794,679 

Systems Operation and Maintenance 

NEXRAD ............................................................................................................................................... 46,247 

ASOS .................................................................................................................................................... 11,352 

AWIPS .................................................................................................................................................. 39,495 

NWSTG Backup—CIP .......................................................................................................................... 5,282 


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NATIONAL WEATHER SERVICE—Continued 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Total, Systems Operation and Maintenance ......................................................................................................... 102,376 

Total, National Weather Service, Operations, Research, and Facilities .............................................................. $897,055 

National Environmental Satellite, Data and Information Service.—The Committee recommends $176,907,000 for National Environmental Satellite, Data and Information Service (NESDIS) operations, research and facilities. 

Data Centers and Information Services.—The Committee recommends $66,028,000 for these activities, including not less than 

the current level for each activity currently funded under archive, 

access and assessment programs. 

NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Environmental Satellite Observing Systems 

Office of Satellite and Product Operations 

Satellite Command and Control ......................................................................................................... $36,214 

NSOF Operations ................................................................................................................................. 7,208 

Product, Processing and Distribution ................................................................................................. 41,114 

Subtotal, Office of Satellite and Product Operations ................................................................................. 84,536 

Product Development, Readiness and Application 

Product Development, Readiness and Application ............................................................................ 17,591 

Product Development, Readiness and Applications (Ocean Remote Sensing) .................................. 3,652 

Joint Center for Satellite Data Assimilation ...................................................................................... 3,046 

Subtotal, Product Development, Readiness and Application ...................................................................... 24,289 

Commercial Remote Sensing Regulatory Affairs ............................................................................... 1,006 

Office of Space Commercialization .................................................................................................... 593 

Group on Earth Observations ............................................................................................................. 455 

Total, Environmental Satellite Observing Systems ............................................................................................... 110,879 

Data Centers and Information Services 

Archive, Access and Assessment ....................................................................................................... 48,510 

Coastal Data Development ................................................................................................................. 3,600 

Regional Climate Services .................................................................................................................. 5,177 

Environmental Data Systems Modernization ...................................................................................... 8,741 

Total, Data Centers and Information Services ..................................................................................................... 66,028 

Total, NESDIS, Operations, Research, and Facilities ........................................................................................... $176,907 

Program Support.—The Committee recommends $420,830,000 for 

Program Support (PS) operations, research and facilities, which is 

$13,674,000 below the enacted level and $11,128,000 below the request. 

Aircraft services.—The recommendation includes $30,241,000 for 

Aircraft Services, which is $2,557,000 above the enacted level and 

the same as the request. Within the amount provided for Aircraft 


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Services, NOAA shall distribute resources to ensure that hurricane 

research and reconnaissance aircraft are funded at levels to maintain prior year operating tempos sufficient to meet hurricane research and reconnaissance needs. The Committee expects NOAA to 

reduce funding for lower priority flights and ensure that NOAA 

hurricane research and reconnaissance needs are prioritized. The 

Committee understands that the NOAA fiscal year 2013 budget includes funds to operate two of NOAA’s three hurricane research 

and reconnaissance aircraft; the third aircraft has reached the end 

of its service life and has been taken out of service. The Committee 

directs GAO to assess the status of NOAA’s aircraft and its ability 

to meet core research and operational needs and provide a report 

to the Committee by February 5, 2013. As part of this review, GAO 

shall examine the data collected by NOAA aircraft and determine 

if this data is being collected by other assets including NOAA or 

NASA satellites, or other government assets such as data buoys 

and determine if operating the NOAA aircraft is the best or most 

cost effective method for fulfilling the operational and research requirements of NOAA. Lastly, this review should include a review 

of the cost effectiveness of NOAA maintaining its own aircraft for 

non-hurricane research needs. 

Management and administrative costs.—The recommendation includes language capping NOAA corporate services administrative 

support costs at $207,013,000, which equals the amount recommended in this bill for corporate services, Chief Information Officer activities and facilities management. As directed by the Committee, NOAA submitted a report during fiscal year 2012 on management and administrative costs which showed that in fiscal year 

2011 NOAA spent $338,822,700 on management and administration activities across all of the line offices. The Committee commends NOAA for undertaking the review but finds that the report 

raises additional questions about how the line offices are accounting for administrative overhead. The Committee expects NOAA to 

continue to work with the Committee to standardize the treatment 

of management and administrative costs in a manner that maximizes transparency and accountability. 

NOAA education program.—The Committee recommends 

$17,561,000 for NOAA’s Competitive Educational Grants and Programs, which is $7,529,000 below fiscal year 2012 and $6,295,000 

above the request. The Committee directs NOAA to spend no less 

than $7,561,000 of the amount provided to continue its Educational 

Partnership Program with Minority Serving Institutions, with remaining funds supporting NOAA’s general competitive education 

program. 

Extramural research.—The Committee believes that NOAA benefits from its collaboration with academia and the private sector 

with respect to cooperative institutes and competitive research as 

these relationships build broad community support and leverage 

external funding for mission-oriented research. The Committee expects NOAA to continue to track intra- and extramural research 

and report on such expenditures in subsequent budget requests. 


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PROGRAM SUPPORT 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Program Support 

Corporate Services 

Under Secretary and Associate Offices Base ..................................................................................... $27,420 

NOAA-Wide Corporate Services and Agency Management ................................................................. 99,820 

DOC Accounting System ..................................................................................................................... 9,733 

Payment to the DOC Working Capital Fund ....................................................................................... 37,074 

Subtotal, Corporate Services ....................................................................................................................... 174,047 

Office of the Chief Information Officer 

IT Security ........................................................................................................................................... 8,431 

Total, Corporate Services and Chief Information Officer ............................................................................ 182,478 

NOAA Education Program 

Education Partnership Program/Minority Serving Institutions ........................................................... 7,561 

NOAA Education Program Base .......................................................................................................... 10,000 

Total, NOAA Education Program .................................................................................................................. 17,561 

NOAA Facilities Management, Maintenance, Construction and Safety ...................................................... 24,535 

Total, Program Support ......................................................................................................................................... 224,574 

Office of Marine and Aviation Operations 

Marine Operations and Maintenance .......................................................................................................... 166,015 

Aircraft Services ........................................................................................................................................... 30,241 

Total, Office of Marine and Aviation Operations ................................................................................................. 196,256 

Total, Program Support and OMAO, Operations, Research, and Facilities ......................................................... $420,830 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

The Committee recommendation includes a total program level of 

$1,946,948,000 in direct obligations under this heading, of which 

$1,931,948,000 is appropriated from the general fund and 

$15,000,000 is derived from recoveries of prior year obligations. 

The direct appropriation is $114,854,000 above fiscal year 2012 and 

$33,788,000 below the request. The following narrative descriptions 

and tables identify the specific activities and funding levels included in this Act: 

National Weather Service (NWS).—The Committee recommends 

$99,139,000 for NWS systems acquisitions and construction, which 

is $8,029,000 above fiscal year 2012 and $1,700,000 above the request, to maintain NOAA’s Profiler Network. This amount includes 

the full amount requested, $12,400,000, for the Ground Readiness 

Project to enable the NWS to update its information technology infrastructure to ensure that the Weather Forecast Offices can receive the data from the Suomi National Polar-orbiting Partnership 

(NPP) satellite, Joint Polar Satellite System (JPSS), and Geostationary Operational Environmental Satellites (GOES). NOAA 

shall provide a report to the Committee no later than 30 days after 


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enactment of this Act with a spending plan for these funds as well 

as the status of deploying the upgrades to each of the Weather 

Forecast Offices. 

National Environmental Satellite, Data and Information Service 

(NESDIS).—The recommendation includes $1,822,821,000 for 

NESDIS acquisition and construction. This amount is $126,176,000 

above fiscal year 2012 and $27,488,000 below the request. NOAA 

shall notify the Committee prior to obligating any of its reserve 

funds for either the GOES–R or JPSS programs. 

Geostationary Operational Environmental Satellite-R (GOES–R) 

Series.—The Committee recommends $796,000,000 for GOES–R, 

which is $180,378,000 above fiscal year 2012 and $6,000,000 below 

the request. 

Joint Polar Satellite System.—The Committee recommends 

$916,364,000 for the JPSS program, which is $7,650,000 below fiscal year 2012 level and the same as the request. Funding provided 

will continue development of the JPSS instruments, ground systems and spacecraft, including funding to continue development of 

the OMPS-Nadir instrument as requested. The Committee understands that failure to complete OMPS-Nadir could lead to a need 

to redesign the JPSS–1 spacecraft and redo thermal and mechanical analyses for certain other instruments which would have an 

impact on schedule and cost. The Committee notes that no alternatives exist to fill the anticipated gap in weather data between 

the end of the expected operational capabilities of the Suomi NPP, 

estimated to be in 2016, and the time when JPSS–1 becomes fully 

operational in 2018. Therefore, NOAA shall report to the Committee within 30 days after enactment of this Act, and on a monthly basis thereafter, on program progress and adherence to the JPSS 

budget and schedule. 

Quarterly satellite briefings.—The Committee directs NOAA to 

continue providing quarterly satellite briefings to the Committee 

regarding NOAA major system acquisition programs. NOAA shall 

provide quarterly obligations reports for each of the satellite programs beginning with funds expended during fiscal year 2012. 

PROCUREMENT, ACQUISITION, AND CONSTRUCTION 

(in thousands of dollars) 

Program Amount 

Office of Oceanic and Atmospheric Research 

Research Supercomputing/CCRI ......................................................................................................... $10,379 

National Weather Service 

Systems Acquisition 

ASOS .................................................................................................................................................... 1,635 

AWIPS .................................................................................................................................................. 20,592 

NWSTG Legacy Replacement ............................................................................................................... 8,185 

Radiosonde Network Replacement ..................................................................................................... 4,014 

Weather and Climate Supercomputing ............................................................................................... 38,169 

Cooperative Observer Network Modernization (NERON) ..................................................................... 3,700 

Complete and Sustain NOAA Weather Radio ..................................................................................... 5,594 

NOAA Profiler Conversion .................................................................................................................... 1,700 

Ground Readiness Project ................................................................................................................... 12,400 

Subtotal, NWS Systems Acquisition ............................................................................................................. 95,989 

WFO Construction ................................................................................................................................ 3,150 


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PROCUREMENT, ACQUISITION, AND CONSTRUCTION—Continued 

(in thousands of dollars) 

Program Amount 

Subtotal, NWS Construction ......................................................................................................................... 3,150 

Total, NWS—PAC .................................................................................................................................................. 99,139 

National Environmental Satellite, Data and Information Service 

Systems Acquisition 

Geostationary Systems—N ................................................................................................................. 23,412 

Geostationary Systems—R ................................................................................................................. 796,000 

Polar Orbiting Systems—POES .......................................................................................................... 28,741 

Jason-3 ................................................................................................................................................ 19,000 

Joint Polar Satellite System (JPSS) ..................................................................................................... 916,364 

DSCOVR ............................................................................................................................................... 22,383 

EOS and Advanced Polar Data Processing, Distribution and Archiving Systems ............................. 990 

CIP—single point of failure ............................................................................................................... 2,772 

Comprehensive Large Array Data Stewardship System (CLASS) ....................................................... 6,476 

NPOESS Preparatory Data Exploitation ............................................................................................... 4,455 

Subtotal, NESDIS Systems Acquisition ........................................................................................................ 1,820,593 

Construction 

Satellite CDA Facility .......................................................................................................................... 2,228 

Total, NESDIS—PAC ............................................................................................................................................. 1,822,821 

Office of Marine and Aviation Operations 

Fleet Replacement 

Fleet Capital Improvements and Tech Infusion (Vessel Equip and Tech Refresh) ........................... 11,712 

New Vessel Construction .................................................................................................................... 2,897 

Total, Office of Marine and Aviation Operations, PAC ........................................................................................ 14,609 

Total, Procurement, Acquisition, and Construction .............................................................................................. $1,946,948 

PACIFIC COASTAL SALMON RECOVERY

The Committee provides $65,000,000 for Pacific Coastal Salmon Recovery, which is the same as fiscal year 2012 and $15,000,000 

above the request. In addition, the accompanying bill includes language that requires all funds to be allocated based on scientific and 

merit principles and prohibits the availability of funds for marketing activities. 

FISHERMEN’S CONTINGENCY FUND

The Committee recommends $350,000, which is the same as fiscal year 2012 and the request, for the Fishermen’s Contingency 

Fund, to compensate U.S. commercial fishermen for damage or loss 

caused by obstructions related to oil and gas exploration. The funds 

used to provide this compensation are derived from fees collected 

by the Secretary of the Interior. 

FISHERIES FINANCE PROGRAM ACCOUNT

The Committee recommends language under this heading lim- iting obligations of direct loans to $24,000,000 for Individual Fishing Quota loans and $59,000,000 for traditional direct loans. NOAA 

shall provide a report to the Committee by January 1, 2013, providing the current status of loans under this program. 


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DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The Committee recommendation includes $55,000,000 for Departmental Management, which is $2,000,000 below fiscal year 

2012 and $1,000,000 below the request. 

Reprogramming procedures.—The Committee reminds the Secretary of Commerce of section 505 of this Act. Unfortunately, over 

the last year the Department has chosen to announce a range of 

new activities that create new programs and relocate employees 

without first notifying the Committee. The Committee expects the 

Department to adhere to all reprogramming notification procedures. 

Cybersecurity.—The Committee remains concerned about the 

cyber intrusion at EDA and the subsequent negative impacts on 

the agency and its ability to efficiently and quickly assist economically distressed communities. The Committee directs the Department of Commerce Chief Information Officer to provide a quarterly 

report, to begin with the second quarter following enactment of this 

Act, on progress made by the Department in implementing information technology security standards mandated in the Federal Information Security Management Act and other relevant Federal cybersecurity requirements. Further, the Department shall ensure 

that it uses to the fullest extent possible the toolkits and protocols 

developed by NIST. The Committee expects that the Department 

will coordinate with the Department of Homeland Security with respect to cybersecurity to ensure that Commerce information technology systems are appropriately protected. The Committee directs 

the Secretary to ensure that no later than 60 days after enactment 

of this Act appropriate personnel within each bureau and within 

the Office of the Secretary have received a briefing as directed in 

the fiscal year 2012 appropriations Act. The Secretary, in cooperation with other Federal agencies, shall submit a report no later 

than 30 days after enactment of this Act regarding the cyber intrusion that occurred at EDA and steps taken to address this issue. 

Repatriation and manufacturing initiatives.—The Committee expects the Secretary to continue the Department’s efforts with respect to the repatriation task force and other repatriation and manufacturing initiatives established in Public Law 112–55 and to provide a report to the Committee on the Department’s activities with 

respect to these programs no later than 120 days after enactment 

of this Act. 

Commercialization of Federally-funded research.—The Committee 

is concerned that some businesses, after developing a commercial 

application for Federally-funded research and development, choose 

to use that application to produce goods and services overseas. 

Such occurrences damage the economic interests and competitiveness of the United States and reduce the return on taxpayers’ investment in Federal research. The Committee directs the Department to report to the Committee no later than 90 days after the 

enactment of this Act on efforts to prevent the outsourcing of commercialized Federal research and development, including the development of a U.S. Government-wide policy. 

Economic Security Commission.—The recommendation includes 

$1,000,000 for the Economic Security Commission established by 


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the Secretary in fiscal year 2012. The Committee expects the first 

report by the Commission to focus on the strategic economic security activities and investments made by China, Russia, Brazil, 

India, Japan and the European Union during 2009 through 2011 

and, to the extent possible, those planned for the next five years. 

The Committee expects the Secretary of Commerce to consult with 

other Federal agencies with respect to gathering this data. Funds 

provided will support the research necessary for this annual report. 

The Committee expects that the first such report shall be submitted no later than 180 days after enactment of this Act. 

Domestic production capabilities.—The Committee directs the 

Secretary to submit a report no later than 120 days after enactment of this Act that reviews the percentage of steel slabs manufactured by integrated steel mills in the U.S. that are internally 

consumed by the producer versus those made available for commercial sale to other U.S. rolling mills, and whether and to what extent U.S. rolling mills with insufficient or no capacity to manufacture slabs are able to meet their demand for steel slabs from domestic sources. The study shall evaluate the ability of rolling mills 

with insufficient or no slab production capacity to meet their demand for steel slabs from domestic sources over the past 15 years. 

Cooperatives.—With more than $3 trillion in assets, over $500 

billion in total revenue, $25 billion in wages and benefits, and 

nearly one million jobs, cooperatives have proven themselves to be 

vital components of the nation’s economy. The Committee encourages the Department of Commerce to build on its efforts to create 

opportunities for community wealth building, workforce training, 

and job creation by working with national and local stakeholders 

in the cooperative sphere to look at the role that business cooperatives can play in stimulating industrial and commercial growth in 

economically distressed areas of the United States. The Department shall report to the Committee, within 120 days of enactment 

of this Act, with a plan to strengthen business cooperatives and to 

assist communities and organizations attempting to form cooperatives. Additionally, this report should include plans to assist employee-owned businesses. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $28,753,000 for the Office of the Inspector General (IG), which is $1,807,000 above fiscal year 2012 

and the same as the request. The increase will enable the IG to enhance its oversight of the Department’s acquisition and contracting 

activities. An additional $2,000,000 is provided under the PTO 

heading for transfer to the IG in order to provide adequate oversight of that agency. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

The Committee recommends the following general provisions for 

the Department of Commerce: 

Section 101 makes funds available for advanced payments only 

upon certification of officials, designated by the Secretary, that 

such payments are considered to be in the public interest. 


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Section 102 makes appropriations for the Department available 

for hire of passenger motor vehicles, for services, and for uniforms 

and allowances as authorized by law. 

Section 103 provides the authority to transfer funds between Department of Commerce appropriation accounts and requiring notification to the Committee of certain actions. 

Section 104 provides that any costs incurred by the Department 

in response to funding reductions shall be absorbed within the total 

budgetary resources available to the Department and shall be subject to the reprogramming limitations set forth in this Act. 

Section 105 extends Congressional notification requirements for 

NOAA satellite programs. 

Section 106 provides for reimbursement for services within Department of Commerce buildings. 

Section 107 clarifies that grant recipients under the Department 

of Commerce may continue to deter child pornography, copyright 

infringement, or any other unlawful activity over their networks. 

Section 108 provides the Administrator with the authority to 

avail NOAA of needed resources, with the consent of those supplying the resources, to carry out responsibilities of any statute administered by NOAA. 

Section 109 requires a monthly report on official travel to China. 

TITLE II 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends $110,322,000 for Department of 

Justice, General Administration, Salaries and Expenses, which is 

$500,000 below fiscal year 2012 and $17,345,000 below the request. 

Liaison partnerships.—The Council on American-Islamic Relations (CAIR) was listed as an unindicted co-conspirator in a case 

in which the Holy Land Foundation was found guilty of material 

support of a terrorist organization. The Committee acknowledges 

the Attorney General’s refusal to attend certain meetings knowing 

that CAIR officials would be present, as indicated in testimony before the Committee on February 28, 2012. The Committee understands that the Federal Bureau of Investigation (FBI) has an existing policy prohibiting its employees from engaging in any formal 

non-investigative cooperation with CAIR. The Committee encourages the Attorney General to adopt a similar policy for all Department officials. 

Prescription drug abuse.—The number of Americans abusing controlled substance pharmaceuticals far exceeds the number abusing 

cocaine, heroin and hallucinogens combined. According to the Centers for Disease Control and Prevention (CDC), opioid pain reliever 

overdose deaths rose nearly 300 percent between 1999 and 2008. 

The Committee urges the Attorney General to convene a national 

summit on the prescription drug abuse problem as a means of 

sharing best practices for reducing prescription drug diversion and 

abuse, including the establishment of prescription drug monitoring 


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programs, proper drug disposal, and increased enforcement on pill 

mills and doctor shopping. 

Prison Rape Elimination Act (PREA).—On June 23, 2009, the bipartisan National Prison Rape Elimination Commission presented 

its recommended standards to the Attorney General. PREA requires the Attorney General to promulgate binding standards within one year of receiving the Commission’s recommendations. Nearly 

two years have elapsed since that deadline. In the meantime, about 

434,000 more inmates in the United States have become victims of 

sexual abuse while behind bars, according to the Department’s own 

statistics. The Committee once again directs the Department of 

Justice to publish, as soon as possible, this final rule, and to continue efforts to provide assistance in the form of training, technical 

assistance, and implementation grants to assist State, local, and 

tribal jurisdictions in achieving compliance with the PREA national 

standards. 

Obscenity enforcement.—The Committee remains concerned that 

the Department’s incorporation of the responsibilities of the Obscenity Prosecution Task Force into the Child Exploitation and Obscenity Section of the Criminal Division may weaken adult obscenity enforcement. The Task Force was designed to draw upon the expertise of several other Criminal Division sections, such as the Organized Crime and Racketeering Section (now known as the Organized Crime and Gang Section), the Asset Forfeiture and Money 

Laundering Section, and the Computer Crime and Intellectual 

Property Section. The Committee supports the work of the Department in investigating and prosecuting major producers and distributors of hardcore adult pornography that meets the test for obscenity, as defined by the Supreme Court, and expects that the responsibilities that had been assigned to the Task Force have not 

and will not be diminished by this reorganization. The Committee 

believes that targeted enforcement of adult obscenity is necessary 

to protect the welfare of families and children as traffickers in illegal adult obscenity extend their influence through advances in 

technology. The Committee directs the Department to submit a report no later than 90 days after the enactment of this Act on its 

adult obscenity investigation and prosecution workload statistics 

and accomplishments during the twelve months prior to the enactment of this Act. 

Product procurements.—The recommendation continues language 

from the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012, directing that, to the extent practicable, promotional items purchased with funds provided by this Act shall be 

produced in the United States. Additional language in the Act provided Federal Prison Industries (FPI) with the authority to manufacture products that are no longer made in the United States. 

Therefore, the Committee directs the Attorney General to survey 

annually the Department and other Federal agencies to determine 

which promotional products purchased by such agencies are manufactured outside the United States, and might otherwise be procured through FPI. The Committee expects that FPI will maintain 

this information in a database in order to help inform its board of 

directors of new opportunities to repatriate manufacturing, and 

that any manufacturing activities initiated as a result are intended 


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to create new American jobs, not compete with existing United 

States businesses. 

Human trafficking.—The recommendation includes resources and 

guidance throughout this title to combat trafficking in persons. The 

Committee expects the Attorney General to make the investigation 

and prosecution of such crimes a top priority. Trafficking frequently targets the most vulnerable in society and in many instances is the equivalent of modern-day slavery. The Attorney General shall submit a comprehensive report on all Department antitrafficking activities no later than 60 days after the date of enactment of this Act, including any recommendations for additional legislation that may be necessary or helpful to these efforts. 

In addition, the Committee directs the Attorney General to provide a report to the Committee detailing any actions the Department has taken to investigate allegations of trafficking or abuse of 

nonimmigrants holding an A–3 or a G–5 visa (as such terms are 

defined in section 203(f) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008) and actions the Department has taken under section 3271 of title 18, United States 

Code, to enforce the United States’ policy of zero-tolerance for sex 

and labor trafficking by contractors and subcontractors working for 

the United States. 

Drug-related violence.—The Committee is aware that efforts by 

Federal law enforcement to reduce drug trafficking and associated 

violence in the Southwest border region have affected trafficking 

routes and crime rates in the Caribbean. The Committee expects 

the Attorney General to address these trends by allocating necessary resources to areas substantially affected by drug-related violence, and reporting such actions to the Committee. 

Gang violence.—Gangs remain a significant threat to public safety in the United States. Gangs often operate across multiple jurisdictions, and in these cases, Federal assistance is often necessary 

to facilitate the efforts of State and local law enforcement agencies. 

The Committee appreciates that the Department has an extensive 

plan to combat gangs and recognizes the critical importance of 

State and local law enforcement and community groups working in 

a coordinated fashion against gang violence. Because of this, the 

Committee does not adopt the Department’s proposal to eliminate 

funding for the National Gang Intelligence Center (NGIC) under 

the FBI. The NGIC collects, analyzes, produces, and disseminates 

gang intelligence and intelligence products to support Federal, 

State, local, and tribal law enforcement as well as correctional 

agencies throughout the U.S. The Committee appreciates the Department’s continued attention to the threat of organized gang violence, and directs the Department to continue to produce the National Gang Threat Assessment, which shall include a description 

of efforts to date and future plans to cooperate with state and local 

law enforcement in a concerted effort to combat the unlawful activities of multijurisdictional gangs. 

Oil and Gas Price Fraud Working Groups.—The Committee directs the Department of Justice to report to the Committees on Appropriations the status of the Oil and Gas Price Fraud Working 

Group’s activities no later than 60 days after the enactment of this 

Act. 


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JUSTICE INFORMATION SHARING TECHNOLOGY

The Committee recommends $33,426,000 for Justice Information 

Sharing Technology, which is $10,881,000 below fiscal year 2012 

and the same as the request. 

ADMINISTRATIVE REVIEW AND APPEALS

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $313,438,000 for the Executive Office for Immigration Review (EOIR) and the Office of the Pardon 

Attorney, of which $4,000,000 is from immigration examination 

fees. The recommendation is $8,438,000 above fiscal year 2012 and 

the same as the request. The recommendation fully funds the request in order to allow EOIR to fill vacant positions, augment its 

highly successful Legal Orientation Program (LOP), and keep pace 

with its increase in workload. The Committee recommends that the 

Department consider lifting the EOIR hiring freeze in light of the 

current case backlog and the fact that the Committee has fully 

funded the request. 

Legal Orientation Program.—The recommendation includes a 

total program increase of $1,963,000 for the LOP. The LOP increases detained aliens’ awareness of their rights with regard to 

EOIR immigration proceedings, allowing them to make more informed decisions earlier in the adjudication process and increasing 

efficiencies for both EOIR courts and Department of Homeland Security detention programs. A 2008 Vera Institute of Justice study 

found that LOP participants conclude their immigration court cases 

an average of 13 days sooner than alien detainees who do not receive LOP assistance. There are currently 26 LOP sites, 24 of 

which are in detention settings. The recommendation supports the 

addition of six sites, in response to increasing demand. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $84,199,000 for the Office of Inspector General, which is the same as fiscal year 2012 and $1,786,000 

below the request. 

The Committee notes that the Department convened a task force 

in January 1996 to act on the findings of an Inspector General (IG) 

report on FBI laboratory practices, and that this task force concluded its work in 2004. The task force identified impacted cases, 

undertook independent reviews in certain cases and notified the 

relevant prosecutors so that they could determine what information 

needed to be disclosed to defense counsel. The Committee encourages the IG to undertake a follow-up review of these activities and 

to recommend any further actions, as appropriate, to uphold defendants’ rights to fair trials. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

The Committee recommends $12,772,000 for the United States 

Parole Commission, which is $61,000 below fiscal year 2012 and 

the same as the request. 


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LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

The Committee recommends $863,367,000 for General Legal Activities, which is the same as fiscal year 2012 and $40,236,000 

below the request. This appropriation supports the establishment 

of litigation policy, the conduct of litigation, and other legal responsibilities of the Department of Justice through the Office of the Solicitor General, the Tax Division, the Criminal Division, the Civil 

Division, the Environment and Natural Resources Division, the 

Civil Rights Division, the Office of Legal Counsel, INTERPOL 

Washington and the Office of Dispute Resolution. The Committee 

expects the Criminal Division to prioritize, within available resources, prosecution of cases in connection with the Project Safe 

Childhood program. The Committee further expects INTERPOL 

Washington to prioritize, within available resources, efforts to arrest fugitive sex offenders, track convicted sex offenders that travel 

to foreign countries, combat child sex tourism and locate missing 

and exploited children. 

INTERPOL.—An INTERPOL red notice is the closest instrument 

to an international arrest warrant in use today. The Committee is 

concerned by news reports that have suggested that some foreign 

governments have fabricated criminal charges against opposition 

activists who have been given refuge in other countries, and then 

sought their arrest by obtaining red notices from INTERPOL. The 

Committee expects the Department and INTERPOL Washington to 

ensure that safeguards are in place to prevent the alleged abuse of 

the red notice protocols by foreign countries to target political or 

religious dissidents. 

In addition, the Committee notes that Egypt recently requested 

INTERPOL red notices seeking the arrest of American and other 

nongovernmental workers it accused of illegally operating democracy programs and stirring unrest. The Committee expects the Department to ensure that no such politically-motivated red notices 

are issued by INTERPOL. 

Human trafficking.—The Committee recommendation includes 

not less than the fiscal year 2012 funding level for the Human 

Trafficking and Slavery Prosecution Unit (HTSPU) in the Civil 

Rights Division to fight human trafficking and slavery. The Committee encourages the HTSPU and the Anti-Trafficking Coordination Teams to continue working with victim service providers and 

non-governmental organizations to ensure victim needs are 

prioritized as part of the overall strategy to combat human trafficking and slavery in the United States. 

Intellectual property.—U.S. industries lose billions of dollars each 

year due to counterfeiting and global trade of illegitimate goods. 

Within the funding provided, the Committee expects the Criminal 

Division to make combating international piracy of intellectual 

property a priority, including by allocating appropriate resources 

both domestically and overseas to support anti-piracy efforts. 

VACCINE INJURY COMPENSATION TRUST FUND

The recommendation includes $7,833,000 as a reimbursement 

from the Vaccine Injury Compensation Trust Fund for costs of litiVerDate Mar 15 2010 01:23 May 03, 2012 Jkt 073989 PO 00000 Frm 00039 Fmt 6659 Sfmt 6602 E:\HR\OC\HR463.XXX HR463

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gating cases under the National Childhood Vaccine Injury Act of 

1986 (Public Law 99–660). 

SALARIES AND EXPENSES, ANTITRUST DIVISION

The Committee recommends $159,587,000 for salaries and expenses of the Antitrust Division, which is the same as fiscal year 

2012 and $5,166,000 below the request. The recommended funding 

level is offset by $115,000,000 in fee collections for a net direct appropriation of $44,587,000. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The Committee recommends $1,965,000,000 for the Executive Office for United States Attorneys and the 94 United States Attorneys’ offices, which is $5,000,000 above fiscal year 2012 and 

$9,378,000 below the request. 

Adam Walsh Act.—The recommendation includes not less than 

the fiscal year 2012 level for the investigation and prosecution of 

cases involving the sexual exploitation of children, as authorized by 

the Adam Walsh Child Protection and Safety Act of 2006 (Public 

Law 109–248). 

Human trafficking.—In fiscal year 2012, Congress directed each 

U.S. Attorney to establish or participate in a regional human trafficking task force. The accompanying statement of the managers 

also directed, ‘‘Task force meetings should focus specifically on combatting human trafficking, with an emphasis on undertaking 

proactive investigations. Such investigations shall include, for example, the investigation of persons or entities facilitating trafficking in persons through the use of classified advertising on the 

Internet.’’ The Committee currently awaits a response to questions 

from its February 28, 2012, hearing at which the Attorney General 

appeared as a witness, regarding the status of these task forces 

and whether a directive from the Attorney General had been sent 

to the field on this matter. The Committee expects U.S. Attorneys 

to maintain their task force participation and leadership roles in 

fiscal year 2013 and to undertake proactive investigations, including investigations of persons or entities facilitating trafficking in 

persons through the use of classified advertising on the Internet. 

The Committee directs the Department to submit an annual report 

regarding the work of these task forces. This report shall also identify any U.S. Attorney’s office that is not in compliance with this 

directive. 

In addition, the Committee directs the Department to continue 

to undertake outreach efforts in the form of public notices with regard to the prevalence of human trafficking activities and to report 

to the Committee regarding such outreach efforts. 

Pill mills.—The dispensing of addictive prescription pain medication under the guise of a doctor’s care at so-called ‘‘pill mill’’ pain 

clinics has become an escalating law enforcement and public health 

challenge, and the CDC has classified the abuse of prescription 

drugs as a national epidemic. The Committee notes that the Department has undertaken impressive efforts to reduce these rogue 

pill mills in Florida. While the number of Florida doctors in the nationwide list of the top 100 oxycodone-purchasing physicians 

dropped from 90 to 13 in 2012, the Drug Enforcement Administration’s (DEA) Automation of Reports and Consolidated Orders SysVerDate Mar 15 2010 01:23 May 03, 2012 Jkt 073989 PO 00000 Frm 00040 Fmt 6659 Sfmt 6602 E:\HR\OC\HR463.XXX HR463

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tem now indicates that many of these pill mills have relocated to 

other States. Because of the widespread nature of prescription drug 

abuse, within the funds provided, the Committee expects U.S. Attorneys to prioritize the investigation and prosecution of pain clinics serving as fronts for the illegal distribution of addictive pain 

killers. 

UNITED STATES TRUSTEE SYSTEM FUND

The Committee recommends $223,258,000 for the United States 

Trustee Program (USTP), which is the same as fiscal year 2012 

and $4,149,000 below the request. The recommended funding is 

fully offset by fee collections. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

The Committee recommends $2,000,000 for the Foreign Claims 

Settlement Commission, which is the same as fiscal year 2012 and 

$139,000 below the request. 

FEES AND EXPENSES OF WITNESSES

The Committee recommends $270,000,000 for fees and expenses 

of witnesses who appear on behalf of the Government in cases in 

which the United States is a party, which is the same as fiscal year 

2012 and the request. This appropriation is considered mandatory 

for scorekeeping purposes. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

The Committee recommends $11,456,000 for the Community Relations Service, which is the same as fiscal year 2012 and $580,000 

below the request. 

ASSETS FORFEITURE FUND

The Committee recommends $20,948,000 for the Assets Forfeiture Fund, which is the same as fiscal year 2012 and the request. The Committee expects the Department, in exceptional circumstances, to allow the use of equitable sharing monies for the 

cost of support personnel. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

The Committee recommends $1,188,488,000 for the salaries and 

expenses of the United States Marshals Service (USMS), which is 

$14,488,000 above fiscal year 2012 and $15,000,000 below the request. 

CONSTRUCTION

The Committee recommends $10,000,000 for construction and related expenses in space controlled, occupied or utilized by the 

USMS for prisoner holding and related support, which is 

$5,000,000 below fiscal year 2012 and the same as the request. 


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FEDERAL PRISONER DETENTION

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $1,647,383,000 for Federal Prisoner 

Detention (FPD), which is $66,788,000 above the amount appropriated in fiscal year 2012 to the Office of the Federal Detention 

Trustee (OFDT) and $20,852,000 below the request. 

Since 2002, the care of Federal detainees in private, State and 

local facilities and the costs associated with these efforts have been 

funded under OFDT. The Committee adopts the proposal in the request to eliminate the OFDT and merge its activities and resources 

into the USMS. The resulting merger will align the accountability 

of resources with the responsibility of Federal detention operations 

under a single command and control structure within the USMS 

leadership. The Committee expects that the USMS will expand 

upon OFDT’s work to achieve efficiencies, cost reductions and cost 

avoidance in detention through process and infrastructure improvements. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

The Committee recommends $90,039,000 for the National Security Division (NSD), which is $3,039,000 above fiscal year 2012 and 

the same as the request. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

The Committee recommends $521,793,000 for Interagency Crime and Drug Enforcement, which is $5,719,000 below fiscal year 2012 

and $3,000,000 below the request. Funds are included under this 

heading to support the interagency program of the Organized 

Crime Drug Enforcement Task Forces (OCDETF), which focuses 

participants on the mission of attacking high-level drug trafficking 

organizations through coordinated, multi-jurisdictional investigations. 

Decision unit subtotals.—The Committee recommendation includes $370,602,000 for investigations and $151,191,000 for prosecutions. The Committee adopts the requested program reduction 

of $12,799,000, applied primarily to investigations, in order to 

avoid further imbalance to the agent-to-attorney ratio in the 

OCDETF program. The Committee notes that the DEA routinely 

allocates personnel funded from the DEA Salaries and Expenses 

account to OCDETF cases as these are, by definition, high priority 

drug cases. Other investigative agencies also devote direct appropriations to OCDETF cases. The Committee directs OCDETF to 

submit a report, no later than 120 days after the enactment of this 

Act, presenting and justifying an optimal agent-to-attorney ratio on 

OCDETF cases, and displaying current and historical levels of investigative and prosecutorial FTE devoted to OCDETF cases, including FTE funded under this account and FTE funded from other 

appropriations. 

Transnational organized crime.—The recommendation does not 

include a requested program increase of $3,000,000 for transVerDate Mar 15 2010 01:23 May 03, 2012 Jkt 073989 PO 00000 Frm 00042 Fmt 6659 Sfmt 6602 E:\HR\OC\HR463.XXX HR463

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national organized crime investigations, which was intended to 

support the operations of the International Organized Crime Intelligence and Operations Center (IOC–2). The Committee notes that 

no funding was provided specifically for IOC–2 in fiscal year 2012, 

and that the Committee has not received any reprogramming notifications proposing to fund IOC–2 in fiscal year 2012. The Committee directs the Department to submit a report by October 15, 

2012, detailing any amounts allocated for IOC–2, and the corresponding staffing levels, in each fiscal year since its establishment. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The Committee recommends $8,185,007,000 for the Salaries and 

Expenses account of the Federal Bureau of Investigation (FBI), 

which is $148,016,000 above fiscal year 2012 and $33,986,000 

above the request. The recommendation includes $3,310,258,000 

and 12,835 positions for the Counterterrorism/Counterintelligence 

decision unit. 

Computer intrusions.—Cyber attacks and crimes are becoming 

more common, more sophisticated, and more dangerous. The threat 

from state-sponsored, terrorist and criminal computer intrusions 

continues to increase. The recommendation includes a program increase of $23,132,000 and 112 positions for investigative, intelligence and technology improvements to prevent and combat malicious cyber intrusions. Just as the FBI developed its counterterrorism capabilities after 9/11, the Committee supports a similar approach to the cyber threat. The FBI must ensure that agents, analysts and other staff have the skills and resources to operate 

proactively in the cyber environment. The recommended increase 

will support an additional 35 computer specialists, 14 special 

agents, 40 intelligence analysts and 23 professional staff to further 

develop the FBI capabilities in this area. The Committee encourages the FBI to develop a national network of cyber task forces, 

based upon the Joint Terrorism Task Force model, to leverage the 

participation of State, local and international partners. The Committee directs the FBI to continue to produce an annual national 

cyber threat assessment, in both classified and unclassified 

versions, and submit such reports to the Committee no later than 

120 days after the enactment of this Act. The Committee expects 

the report to include an identification and ranking of the foreign 

governments and non-state actors posing the greatest cyber threats 

to the United States. 

Gangs.—According to the 2011 National Gang Threat Assessment, the most notable recent gang crime trends have been ‘‘the 

overall increase in gang membership, and the expansion of criminal 

street gangs’ control of street-level drug sales and collaboration 

with rival gangs and other criminal organizations.’’ In light of this 

growing threat, the recommendation rejects the Administration’s 

proposal to eliminate the National Gang Intelligence Center 

(NGIC). Instead, the recommendation includes $9,000,000 above 

the request for gang programs. This funding is intended to restore 

funding for NGIC and provide additional resources to existing Safe 

Streets Task Forces to combat violent gang crime. The Committee 


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expects the Bureau to deploy any additional agents or other personnel to the task forces experiencing the most severe violent gang 

crime, and report to the Committee on the allocation of these resources. 

Surveillance.—The recommendation includes a program increase of $10,244,000 for additional surveillance specialists to improve the 

FBI’s ability to provide physical surveillance for both national security and criminal investigations. The Committee expects the FBI to 

report, no later than 120 days after enactment of this Act, on the 

planned uses of funds, the number of new specialists and teams expected to be added as a result of this increase, and a plan for their 

deployment. 

Financial crime.—The recommendation includes a program in- crease of $6,610,000 to combat corporate, securities, commodities 

and mortgage fraud. The Committee expects that this increase will 

support the creation of at least two hybrid squads to assist in the 

investigation of the highest impact complex financial crime cases. 

The recommended funding also includes the requested resources to 

continue the additional positions provided in fiscal year 2009 to enhance the investigation of white collar and financial crime. 

Stimulus fraud.—The Committee notes that another major activity under the FBI’s white collar crime program is the investigation 

of fraud related to the $787,000,000,000 provided in the American 

Recovery and Reinvestment Act (Public Law 111–5). The Committee understands that the FBI has 147 pending stimulus fraud 

cases, almost double the 2011 caseload. The fraud threats in this 

regard include bribery by public officials and contractors, and fraud 

tied to rapid implementation of programs and minimal oversight 

such as falsification of documents and manipulation of contracts for 

personal benefit. The pressure for expedited obligation of funds for 

stimulus projects makes them particularly vulnerable to corruption 

and fraud. The Committee directs the FBI to submit a report, no 

later than 120 days after enactment of this Act, detailing stimulus 

fraud trends and the FBI’s work on such cases from 2009 to the 

present. 

Electronic surveillance capabilities.—The FBI received additional 

resources in fiscal year 2012 to enhance law enforcement’s ability 

to access, intercept, collect and process wire or electronic communications to which they are lawfully authorized, including funds to 

establish and operate a Domestic Communications Assistance Center, which will serve as a hub for the management of knowledge 

and technical expertise regarding lawful electronic surveillance and 

facilitate the sharing of solutions among Federal, State and local 

law enforcement. The Committee directs the FBI to submit a report, no later than 90 days after enactment of this Act, detailing 

the fiscal year 2013 budget requirements of the Center, the participation by other agencies, and the accomplishments of the Center 

to date. 

Human trafficking.—The Committee understands that the FBI 

increased funding dedicated to the investigation of severe forms of 

trafficking in persons by 17 percent in fiscal year 2012. Within the 

amount recommended for fiscal year 2013, the Committee expects 

the Bureau to further increase such activities. The FBI shall submit a report to the Committee no later than 120 days after the enactment of this Act on agent utilization and overall staff resources 


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dedicated to trafficking in fiscal years 2010 through 2013. The report shall also include details on the participation of FBI personnel 

in human trafficking task forces. In addition, the Committee expects the Bureau to share trafficking case information on an ongoing basis with other law enforcement agencies and task forces 

working similar cases. 

There is an acute need for better data collection in order to effectively combat severe forms of trafficking in persons in the United 

States. The Committee notes that the William Wilberforce Trafficking Victims Protection Act of 2008 (Public Law 110–457) created the new category of ‘‘Human Trafficking’’ among the serious 

crimes included in the FBI’s Uniform Crime Report (UCR). The 

Committee directs the FBI to take the necessary steps to enable 

participating law enforcement agencies to report crimes meeting 

the definition of human trafficking under the UCR as soon as possible, but no later than January 1, 2013. The Committee believes 

that the inclusion of this data in the UCR will improve law enforcement response to these offenses. 

Domestic radicalization.—A significant element of the overall terrorist threat to the United States is domestic radicalization. Individuals in the United States can become radicalized and motivated 

to conduct terror attacks in the United States. Others can become 

radicalized in the United States and attempt to travel abroad to 

participate in terrorist or insurgent activities. Finally, individuals 

in the United States can become radicalized and use the Internet 

to further their radicalization and contribute to the radicalization 

of others. The Committee directs the FBI to submit a report in 

classified and unclassified form, no later than 120 days after enactment of this Act, on its efforts to counter the domestic 

radicalization threat. The report should include a specific focus on 

combating radicalization efforts that involve the use of the Internet. The Committee also understands that the FBI intends to establish a Countering Violent Extremism Office within the National 

Security Branch. The Committee reminds the FBI that section 505 

requires notification regarding any reprogramming of funds that 

reorganizes or renames offices, programs or activities. The Committee expects to receive such a notification explaining and justifying the proposed organizational change. 

Human rights violations.—The Committee expects the FBI to 

continue the current level of effort to investigate and support DOJ’s 

criminal prosecution of serious human rights crimes committed by 

foreign nationals who are in the United States. The Committee directs the FBI to submit an annual report on such investigations 

and prosecutions, with the first annual report to be received by the 

Committee no later than 120 days after enactment of this Act. 

Counterterrorism training materials.—Materials developed or approved by the FBI to train agents and other FBI personnel on 

counterterrorism matters should exhibit the highest standards of 

accuracy and completeness. While all such materials should undergo rigorous review before being approved for use, the Committee 

expects that such review will be conducted by qualified and objective subject matter experts. Further, the FBI shall keep the Committee aware of any such review process and ensure that reviews 

do not prevent legitimate information from being presented. 


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Centralizing FBI records.—FBI files are dispersed in more than 

265 locations worldwide, and are in locations that leave them vulnerable to environmental damage and often lack adequate security. 

Recently over 8,700 linear feet of files were damaged as a result 

of flooding, requiring costly and time-consuming remediation. The 

Committee is aware of the FBI’s long-standing plans to establish 

a permanent facility for storage of FBI records. The Committee directs the FBI to continue supporting its nationwide file inventory 

efforts, and to submit a plan for the establishment of a permanent 

facility with the fiscal year 2014 budget request. Such plan should 

include the use of existing balances of prior year appropriations. 

Liaison partnerships.—The Committee supports the FBI’s policy 

prohibiting any formal non-investigative cooperation with the 

Council on American-Islamic Relations (CAIR), and continues to expect the FBI to report to the Committee regarding any violations 

of this policy. The Committee also encourages the FBI to adopt 

similar policies, where appropriate, with regard to other individuals and organizations identified as unindicted co-conspirators in 

terrorism-related cases. 

Intelligence analysis.—The work performed by FBI intelligence 

analysts is essential to the FBI’s ability to analyze threats to national security and identify potential courses of action. The recommendation includes full funding to support the requested base 

cadre of 3,025 intelligence analysts plus an additional 40 analyst 

positions funded by the program increase for computer intrusions 

in this Act. The recommendation also includes requested funding 

for intelligence training, including training for three distinct intelligence analyst career paths. 

Terrorist Screening Center.—The recommendation includes 

$87,901,000 and 130 positions for the Terrorist Screening Center. 

The Committee notes that the FBI’s Terrorist Screening Center integrates information from the law enforcement and intelligence 

communities to support the ability of front-line screening agencies 

to identify known or suspected terrorists. The Committee directs 

the FBI to submit a report, not later than January 15, 2013, on 

current systems in place to similarly identify known and suspected 

war criminals and international organized crime figures. The report shall include recommendations for ways to facilitate integration and dissemination of information to better identify and apprehend such individuals. 

Foreign Terrorist Tracking Task Force (FTTTF).—The recommendation includes $61,549,000 and 82 positions for the FTTTF 

to provide information to keep foreign terrorists out of the United 

States or to lead to the removal, detention or prosecution of foreign 

terrorists. 

Counterintelligence.—According to the 2011 Report to Congress of 

the U.S.-China Economic and Security Review Commission, the 

Chinese government makes extensive use of front organizations 

that purport to have educational, cultural or professional purposes, 

but are frequently controlled by military, intelligence or Communist Party entities. The Committee directs the FBI to report to 

the Committee, no later than 120 days after enactment of this Act, 

on any such organizations engaged in exchange programs involving 

officials of the U.S. government and on efforts within the U.S. government to ensure that the U.S. officials taking part in such proVerDate Mar 15 2010 01:23 May 03, 2012 Jkt 073989 PO 00000 Frm 00046 Fmt 6659 Sfmt 6602 E:\HR\OC\HR463.XXX HR463

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grams are made aware of the Chinese institutional actors involved 

with these exchange programs. 

Economic warfare.—The Committee is concerned that the Federal government may be unprepared to deal with the potential 

threat of economic warfare, which could occur when a foreign country or actor uses its sovereign wealth funds or other state-directed 

financial tools to try to undermine U.S. markets and inflict damage 

on the economy. The Committee directs the Bureau to study this 

potential threat and how it may be mitigated, and to report to the 

Committee no later than 120 days after enactment of this Act. The 

Committee also urges the FBI to involve other agencies in this effort, including, but not limited to, the Department of the Treasury 

and the Securities and Exchange Commission. 

Intellectual property rights (IPR) enforcement.—The Committee 

expects the FBI to continue to prioritize the investigation of IPR 

cases, and to coordinate with IPR units at the U.S. Attorneys and 

the Criminal Division. The Committee notes and commends the investigative work of the FBI related to such violations of Federal 

law over the last year. The FBI shall submit a report, not later 

than 120 days after enactment of this Act, on the activities of its 

dedicated agents investigating IPR cases. 

Next Generation Identification.—The Committee encourages continued enhancements of established interoperability and real-time 

data sharing among interagency biometric identity management 

systems in light of the demonstrated value to national security and 

public safety that has come from these efforts. The Committee expects the FBI’s Criminal Justice Information Services Division 

(CJIS) to continue to develop the Next Generation Identification 

system, including the Rap Back capability that will enable recurrent vetting of known identities. The Committee encourages the 

FBI to develop a Rap Back fee strategy that will accommodate both 

the Federal and non-Federal users to ensure the most cost effective 

fee administration across CJIS Rap Back services for these users. 

Law enforcement wireless communications.—The recommendation under this heading reflects a base transfer of $66,900,000 to 

this account as part of a Department-wide proposal to allocate to 

different DOJ entities the funding for radio operations and maintenance and terminate the separate Tactical Law Enforcement Wireless Communications account. The Committee notes that this 

transfer did not include any funding for modernization activities 

and that no funds have been requested under any DOJ account for 

radio system modernization. The FBI shall submit a spending plan 

for this funding no later than 30 days after the enactment of this 

Act, and shall notify the Committee in advance of any reallocation 

of operations and maintenance funding to modernization efforts. 

CONSTRUCTION

The Committee recommends $80,982,000 for the construction of 

FBI facilities and related activities, which is the same as fiscal 

year 2012 and the request. 


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DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends total budget authority of 

$2,396,504,000 for Drug Enforcement Administration (DEA) salaries and expenses, of which $352,600,000 is derived from fees deposited in the Diversion Control Fund, and $2,043,904,000 is provided by direct appropriation. The recommended direct appropriation is $18,904,000 above fiscal year 2012 and $7,000,000 below the 

request. 

The recommendation includes $8,026,000 to continue certain activities formerly carried out by the National Drug Intelligence Center, specifically document exploitation and the production of high 

priority strategic intelligence reports. The recommendation terminates the Center and the separate appropriation account for the 

Center and transfers these functions to DEA. The recommendation 

also includes reductions that assume the achievement of operational, administrative and information technology efficiencies totaling $23,034,000. 

Diversion control.—The recommendation includes $352,600,000 

for the regulatory and enforcement activities of DEA’s Diversion 

Control Program, an increase of $30,600,000 above the fiscal year 

2012 level and the same as the request. The Diversion Control Program is fully funded by fee collections. The Committee understands 

that a new fee rule has been posted and collections under the new 

rule are anticipated to increase by about $6,000,000 per month, beginning in mid-2012. The Committee expects the recommended 

funding level for fiscal year 2013 to support the filling of an additional 87 vacant positions to provide investigative support for new 

Tactical Diversion Squads initiated in fiscal year 2012, and to support increased frequency of scheduled regulatory investigations. 

Methamphetamine lab cleanup.—The funding recommendation 

for Community Oriented Policing Services includes $12,500,000 for 

transfer to DEA to assist State, local and tribal law enforcement 

agencies with the proper removal and disposal of hazardous materials at clandestine methamphetamine labs, including funds for 

training, technical assistance, purchase of equipment, and a container program. In fiscal year 2011, there were 5,598 methamphetamine lab cleanups administered by DEA, and an increase above 

that number is projected for fiscal year 2012. The Committee encourages DEA to continue to work with States to implement container programs, which result in a substantial reduction in the unit 

cost of lab cleanups. The Committee understands that there are 

currently seven States with such programs in operation. The recommended funding level is intended to support container pickups 

from six additional State container programs in fiscal year 2013. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

The Committee recommends $1,153,345,000 for the salaries and 

expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which is $1,345,000 above fiscal year 2012 and the 

same as the request. 


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The recommendation makes permanent three long-standing 

funding prohibitions under this heading related to the definition of 

‘‘curios and relics,’’ physical inventories, and the denial of applications due to a lack of business activity. 

Gangs.—Within the amount provided, the Committee expects 

ATF to prioritize, and preserve current funding levels for, Violent 

Crime Impact Teams, which bring focused law enforcement attention to communities plagued by gang violence. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $6,820,217,000 for the salaries and 

expenses of the Federal Prison System, which is $268,936,000 

above fiscal year 2012 and the same as the request. 

Reentry research and reforms.—The Committee continues its efforts to understand and address the drivers of overcrowding, costs 

and recidivism. The Committee directs the Bureau of Prisons 

(BOP) to undertake a comprehensive analysis of its policies and determine the reforms and best practices that will help reduce costs 

and recidivism. The Committee is aware that most State corrections systems began their reform process by providing outside experts with corrections data in order to obtain a comprehensive 

analysis. The Committee encourages the Director to share additional corrections data with outside experts in order to build upon 

prior efforts. 

In addition, the Committee directs the BOP to report to the Committee not later than 60 days after the enactment of this Act on 

successful State-level reforms that have the potential to be adapted 

to the Federal prison system in order to reduce recidivism and the 

costs of incarceration. Such report shall distinguish between reforms that could be implemented under existing Department authority and reforms that would require statutory changes in order 

to be implemented. 

Sentence reduction opportunities.—In its fiscal year 2012 budget 

request, the Department submitted two proposals to amend the 

statutory law on Federal inmate good conduct time to provide inmates additional incentives to encourage positive behavior and 

save $41,000,000 during the fiscal year. The two proposals were 

not enacted. For fiscal year 2013, the Department again included 

the proposals in its request and built a $41,000,000 offset into its 

request. The Committee expects that the BOP will not base its future budget requests on the assumption of significant savings from 

unrealistic legislative proposals. The Committee expects the BOP 

to find alternative ways to accomplish savings and operate within 

the budget request. 

Growth in inmate population.—The recommendation supports 

the anticipated growth in the inmate population by completing the 

activation of two prisons and starting the activation of an additional two newly constructed prisons. 

Contract confinement.—The recommendation supports the requested program increase of $25,865,000 for 1,000 low security contract confinement beds. The Committee expects the BOP to meet 


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bed space needs using State, local and private prison capacity, if 

these facilities meet the BOP’s standards, as a means to control 

overcrowding. 

Inmate data.—The Committee encourages the National Institute 

of Corrections to recommend best practices for State corrections 

agencies to develop, maintain, and update inmate home address 

data. 

BUILDINGS AND FACILITIES

The Committee recommends $90,000,000 for the construction, acquisition, modernization, maintenance, and repair of prison and detention facilities housing Federal inmates, which is the same as fiscal year 2012 and $9,189,000 below the request. 

Construction.—Although the BOP anticipates activating up to 

seven new prisons by fiscal year 2018, it will be unable to maintain 

that schedule without significant new construction appropriation 

requests in fiscal years 2014 and beyond. The Committee has already provided initial appropriations for the construction of four 

new prisons, which the Department proposed to rescind. Due to inmate population and overcrowding growth estimates, the Committee encourages the BOP to include funding for construction in 

future requests. In addition, the Committee directs the BOP to continue to provide a monthly status of construction report, and to notify the Committee of any deviation from the construction and activation schedule identified in those reports. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

The Committee recommends a limitation on administrative expenses of $2,700,000 for Federal Prison Industries, Incorporated, 

which is the same as fiscal year 2012 and the request. 

Federal Prison Industries.—The Committee directs FPI to maintain a database of foreign products being procured by Federal agencies and to provide a quarterly report to the Committee on FPI’s 

capacity to provide these services as an alternative to foreign manufacturers. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

In total, the Committee recommends $1,849,800,000 for State 

and local law enforcement and crime prevention grant programs, 

which is $377,500,000 below fiscal year 2012 and $51,413,000 

above the request. 

Spending plan.—The Committee directs the Department to submit a spending plan for the programs funded under this heading 

to the Committees on Appropriations of the House of Representatives and the Senate not later than 45 days after the enactment of 

this Act. 

Management and administration expenses.—The Committee directs the Department, in preparation of its fiscal year 2013 spending plan, to assess management and administration expenses 

against program funding. The spending plan shall include a description of the proposed assessment methodology. The Committee 

directs the Department to ensure that this methodology is equitable and reflects a fair representation of the share of each proVerDate Mar 15 2010 01:23 May 03, 2012 Jkt 073989 PO 00000 Frm 00050 Fmt 6659 Sfmt 6602 E:\HR\OC\HR463.XXX HR463

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gram devoted to common management and administration costs. 

The Committee notes that an across-the-board percentage assessment may not be the most equitable solution. The Committee is 

aware that, in general, the Department’s grant offices for State and 

Local Law Enforcement Activities have authority to allocate certain 

expenses administratively to various categories that are ancillary 

to the core purposes of the appropriation (e.g., peer review for a 

competitive program, training and technical assistance, and research and statistical activities). The Committee requests that the 

Department’s spending plan identify such planned ancillary expenses by category or object code. The Committee encourages grant 

offices to minimize administrative spending in order to maximize 

funding for grants or training and technical assistance. 

Areas experiencing increases in both population and crime.— The 

Committee is aware that portions of the country are experiencing 

a dramatic increase in population due to unique geographic and 

economic factors. Along with the increase in population, some of 

these communities are also experiencing a significant increase in 

crime that is exhausting already-limited law enforcement resources. The Committee directs the Office of Justice Programs to 

provide the Committee with a report on any efforts currently underway to address the unique challenges that face law enforcement 

in these communities and the effectiveness of the current State and 

Local Law Enforcement Assistance grants in addressing areas that 

have experienced this significant increase in population and crime. 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

The Committee recommends $415,000,000 for the Office on Violence Against Women (OVW), which is $2,500,000 above fiscal year 

2012 and $147,000,000 above the request. The recommendation instead provides direct appropriations for violence against women 

programs, rather than providing partial funding from Crime Victims Fund balances as proposed in the request. The recommendation includes funding above the request for transitional housing assistance and research and evaluation on violence against women 

programs. Funds are distributed as follows: 

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS 

(in thousands of dollars) 

Program Amount 

STOP Grants .......................................................................................................................................................... $189,000 

Transitional Housing Assistance .......................................................................................................................... 25,000 

Research and Evaluation on Violence against Women ........................................................................................ 3,500 

Consolidated Youth-oriented Program .................................................................................................................. 10,000 

Grants to Encourage Arrest Policies ..................................................................................................................... 50,000 

Sexual Assault Victims Services ........................................................................................................................... 23,000 

Rural Domestic Violence and Child Abuse Enforcement ..................................................................................... 36,500 

Violence on College Campuses ............................................................................................................................. 9,000 

Civil Legal Assistance .......................................................................................................................................... 41,000 

Elder Abuse Grant Program .................................................................................................................................. 4,250 

Safe Havens Program ........................................................................................................................................... 11,500 

Education and Training for Disabled Female Victims ......................................................................................... 5,750 

Court Training and Improvements Program ......................................................................................................... 4,500 

National Resource Center on Workplace Responses ............................................................................................ 500 


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VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS—Continued 

(in thousands of dollars) 

Program Amount 

Research on Violence against Indian Women ...................................................................................................... 1,000 

Indian Country—Sexual Assault Clearinghouse .................................................................................................. 500 

TOTAL, Violence Against Women Prevention and Prosecution Programs .................................................... $415,000 

STOP grants.—The recommendation includes $189,000,000 for 

STOP grants. The STOP Grant Program is one of the most farreaching programs authorized under the Violence Against Women 

Act. STOP grants are used to assist thousands of victims in finding 

safety and receiving recovery services, and to assist law enforcement and prosecutors in holding perpetrators accountable for their 

actions. Under the STOP Grant Program, OVW awards funds to 

every State and territory through a formula-based system, and 

many recipients use STOP funding to establish special units in law 

enforcement agencies and prosecutors’ offices to address violence 

against women. 

Transitional housing assistance.—The recommendation includes 

$25,000,000 for transitional housing assistance grants, which is 

$3,000,000 above the request. The Committee understands that domestic violence victims and their families have a critical need for 

safe and affordable housing as they seek to rebuild their lives after 

escaping a dangerous environment. Under this program, grantees 

may offer individualized services such as counseling, support 

groups, safety planning, and advocacy services as well as practical 

services including licensed child care, employment services, transportation vouchers, and referrals to other agencies. 

Research on violence against women.—‘‘Honor violence’’ is a form 

of violence against women committed with the motive of protecting 

or regaining the honor of the perpetrator, family or community. 

There is currently a lack of statistical information on the occurrence of honor violence in the United States. Within the funds provided, the Committee expects OVW and the National Institute of 

Justice (NIJ) to study this matter and recommend ways to determine the prevalence of honor violence and recommend best practices for law enforcement and service providers for prevention and 

response. 

OFFICE OF JUSTICE PROGRAMS

RESEARCH, EVALUATION AND STATISTICS

The Committee recommends $112,000,000 for Research, Evaluation and Statistics, which is $1,000,000 below fiscal year 2012 and 

$24,000,000 below the request. Funds are distributed as follows: 

RESEARCH, EVALUATION AND STATISTICS 

(in thousands of dollars) 

Program Amount 

Bureau of Justice Statistics ................................................................................................................................. $45,000 

National Institute of Justice ................................................................................................................................. 40,000 

Regional information sharing activities ............................................................................................................... 27,000 


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RESEARCH, EVALUATION AND STATISTICS—Continued 

(in thousands of dollars) 

Program Amount 

TOTAL, Research, Evaluation and Statistics ............................................................................................... $112,000 

Domestic radicalization.—According to the Congressional Research Service, there have been 53 homegrown jihadist terrorist 

plots and attacks since 9/11, including 32 plots or attacks since 

May 2009. The Committee appreciates the efforts of the NIJ in examining the drivers of domestic radicalization and defining the role 

of State and local law enforcement in breaking the radicalization 

and recruitment cycle that sustains terrorism. The Committee is 

concerned that violent radicalization—the process of adopting or 

promoting an extremist belief system for the purpose of facilitating 

ideologically based violence to advance political, religious, or social 

change—is a significant and elusive aspect of the terrorism threat 

to the U.S. Therefore, in addition to the resources provided under 

this heading to NIJ, $4,000,000 is provided under the State and 

Local Enforcement Assistance account for such research. 

National Law Enforcement and Corrections Technology Centers.—The Committee continues to support the National Law Enforcement and Corrections Technology Centers, a network of facilities and capabilities that converts technology to law enforcement 

use. The Centers provide actual casework assistance when highlyspecialized technologies are required, and help identify and locate 

high quality technologies and equipment for law enforcement use. 

The recommendation continues the current year level of funding for 

the Centers. 

Regional information sharing activities.—The Committee recommendation includes $27,000,000 for regional information sharing 

activities, which is the same as fiscal year 2012 and the request, 

to support activities that enable the sharing of nationwide criminal 

intelligence and other resources with State, local, and other law 

enforcement agencies and organizations. Such activities should 

address critical and chronic criminal threats, including gangs, 

terrorism, narcotics, weapons and officer safety or ‘‘event 

deconfliction,’’ and should reflect regional as well as national threat 

priorities. In addition, funds shall be available to support local-tolocal law enforcement data and information sharing efforts focused 

on solving routine crimes, especially in rural areas, by sharing law 

enforcement information not categorized as criminal intelligence. 

All activities shall be consistent with national information-sharing 

standards and requirements as determined by the Bureau of Justice Assistance. 

Blue Alerts.—Blue Alerts provide the means to speed the apprehension of violent criminals who kill or seriously injure local, State, 

or Federal law enforcement officers. Fifteen states have adopted 

Blue Alert notification systems. The Committee encourages the Department to examine the utility and feasibility of establishing a national Blue Alert communications network to issue Blue Alerts in 

coordination with States, units of local government, local law enforcement agencies, and other appropriate entities. 

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ment Activities a plan for the use of all funding administered by 

NIJ and the Bureau of Justice Statistics, respectively. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

The Committee recommends $962,500,000 for State and Local 

Law Enforcement Assistance programs, which is $200,000,000 

below fiscal year 2012 and $181,000,000 above the request. The 

recommendation provides direct appropriations for programs under 

this heading rather than providing partial funding from Crime Victims Fund balances as proposed in the request. Funds are distributed as follows: 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 

(in thousands of dollars) 

Program Amount 

Byrne Memorial Justice Assistance Grants .......................................................................................................... $370,000 

Domestic Radicalization Research .............................................................................................................. (4,000 ) 

VALOR Initiative ........................................................................................................................................... (5,000 ) 

State Criminal Alien Assistance Program ............................................................................................................ 165,000 

Byrne Competitive Grants ..................................................................................................................................... 20,000 

Missing Alzheimer’s Patients Grants .................................................................................................................... 1,000 

Victims of Trafficking Grants ............................................................................................................................... 13,500 

Drug Courts ........................................................................................................................................................... 41,000 

Veterans’ Treatment Courts .................................................................................................................................. 4,000 

Prescription Drug Monitoring ................................................................................................................................ 7,000 

Prison Rape Prevention and Prosecution ............................................................................................................. 12,500 

Residential Substance Abuse Treatment .............................................................................................................. 15,000 

Capital Litigation and Wrongful Conviction Review ............................................................................................ 1,000 

Mentally Ill Offender Act ....................................................................................................................................... 9,000 

Tribal Assistance .................................................................................................................................................. 38,000 

Economic, High-tech and Cybercrime Prevention ................................................................................................ 7,000 

CASA—Special Advocates .................................................................................................................................... 4,500 

Bulletproof Vests ................................................................................................................................................... 20,000 

National Instant Criminal Background Check System ......................................................................................... 12,000 

Criminal Records Upgrade .................................................................................................................................... 6,000 

Second Chance Act/Offender Reentry ................................................................................................................... 70,000 

Smart Probation ........................................................................................................................................... (6,000 ) 

Adam Walsh Act Implementation ......................................................................................................................... 20,000 

National Sex Offender Public Website .................................................................................................................. 1,000 

DNA Initiative ........................................................................................................................................................ 125,000 

Debbie Smith DNA Backlog Grants ............................................................................................................. (117,000 ) 

Post-Conviction DNA Testing Grants ........................................................................................................... (4,000 ) 

Sexual Assault Forensic Exam Program Grants .......................................................................................... (4,000 ) 

TOTAL, State and Local Law Enforcement Assistance ................................................................................ $962,500 

Edward Byrne Memorial Justice Assistance Grant (Byrne/JAG) 

program.—The recommendation includes $370,000,000 for the 

Byrne/JAG program. Funding under this formula program is authorized for law enforcement programs; prosecution and court programs; prevention and education programs; corrections programs; 

drug treatment and enforcement programs; planning, evaluation, 

and technology improvement programs; and crime victim and witness programs, other than compensation. Within the amount provided, $4,000,000 is for research on domestic radicalization and 

$5,000,000 is for the Preventing Violence Against Law Enforcement 

and Ensuring Officer Resilience and Survivability (VALOR) initiative. Adjusting for one-time costs related to the 2012 presidential 

nominating conventions, the recommendation for Byrne/JAG is the 

same as the fiscal year 2012 level. The Committee understands 


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that pretrial services programs are an eligible purpose area under 

the Byrne/JAG program. The Committee urges the Department of 

Justice to require all pretrial release programs receiving Byrne/ 

JAG funds to report annually on program performance. 

State Criminal Alien Assistance Program (SCAAP).—SCAAP provides grants that reimburse States and localities for the costs incurred in incarcerating undocumented criminal aliens. The recommendation includes $165,000,000 for SCAAP, an increase of 

$95,000,000 above the request. 

Byrne competitive grants.—The recommendation includes 

$20,000,000, an increase of $5,000,000 above the fiscal year 2012 

level, for competitive grants to improve the functioning of the 

criminal justice system, prevent or combat juvenile delinquency, 

and assist victims of crime. 

Human trafficking.—The recommendation includes $13,500,000 

for human trafficking task force activities and for services for victims, an increase of $3,000,000 above fiscal year 2012 and the request. According to NIJ, the Department of Justice has funded 53 

jurisdictions and 43 trafficking victim services providers focusing 

on collaborative efforts to identify, rescue and assist victims of trafficking. 

Drug courts.—The recommendation includes $41,000,000 for drug courts, which is $6,000,000 above the fiscal year 2012 level. Drug 

courts help reduce recidivism and substance abuse among non-violent offenders and increase an offender’s likelihood of successful rehabilitation through intense, judicially-supervised treatment, mandatory periodic drug testing, community supervision, and appropriate sanctions. The Committee expects these funds to be used to 

provide grants and technical assistance to State, local, and tribal 

governments to support the development, expansion, and enhancement of drug courts, based upon their efficacy as a systematic response to substance abuse and crime. 

Mentally ill offenders.—The recommendation includes $9,000,000 

for mentally ill offender programs. Many people with serious mental illnesses become caught-up in the criminal justice system, often 

with tragic results. Grants provided under the Mentally Ill Offender Treatment and Crime Reduction Act (Public Law 108–414) 

provide support for a broad range of activities, including mental 

health courts, mental health and substance abuse treatment for incarcerated mentally ill offenders, community reentry services, and 

cross-training of criminal justice, law enforcement, and mental 

health personnel. Such grants also promote improved training of 

State and local law enforcement to help them identify and improve 

responses to people with mental illnesses. 

Veterans treatment courts.—The recommendation includes 

$4,000,000 to establish a funding source specifically to support veterans treatment courts. The Committee expects the Department to 

work in conjunction with the Department of Veterans Affairs, as 

appropriate, to provide grant support for collaborative, rehabilitative approaches for continuing judicial supervision over offenders 

who are veterans. 

Economic, high-technology and cyber crime.—The Committee recommendation includes $7,000,000 for economic, high-technology, 

and cyber crime prevention. The Committee encourages the Department to assist State and local law enforcement agencies with 


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the prevention, investigation and prosecution of intellectual property crimes. This program, administered by the Bureau of Justice 

Assistance (BJA), provides competitive grants to support and train 

State and local public safety agencies to combat intellectual property crimes such as counterfeiting and piracy. 

Prescription drug monitoring.—The Committee recommendation 

includes $7,000,000 for the Prescription Drug Monitoring Program 

(PDMP). The diversion and abuse of prescription medications has 

become our Nation’s fastest growing drug problem, with overdose 

deaths now surpassing motor vehicle accidents as the number one 

cause of accidental deaths nationwide. The Committee supports 

BJA’s long-standing goal of increasing the quantity and quality of 

State-run prescription drug monitoring programs through the 

PDMP, as well as efforts in recent years to combat interstate diversion through the secure exchange of data among prescription monitoring programs (PMPs) via the Prescription Monitoring Information Exchange (PMIX) Architecture and the RxCheck hub. However, the Committee notes that a number of States, including 

PDMP grantees, have committed to data exchange through another 

hub, the PMP InterConnect hub. The Committee encourages BJA 

to allow past and future PDMP grant recipients to utilize enhancement funds to facilitate interstate data exchange, irrespective of 

the grantee’s hub of choice. The Committee further encourages BJA 

to collaborate with all stakeholders in the development and finalization of the PMIX Architecture so that the goal of 50 interconnected States can be achieved through hub-to-hub communication. 

NICS Improvement Amendments Act (NIAA) program.—The recommendation includes $12,000,000 for the NIAA program, which is 

an increase of $7,000,000 above fiscal year 2012 and the request. 

The National Instant Criminal Background Check System (NICS) 

is a critical tool for keeping firearms out of the hands of prohibited 

persons, but it is only as effective as the information entered into 

the databases upon which it relies. The NIAA seeks to address 

gaps in the information available to NICS by providing grants to 

States for the establishment or upgrade of information and identification technologies related to firearms purchasing eligibility determinations. According to OJP, jurisdictions continue to struggle 

with meeting the eligibility requirements mandated by the NIAA. 

At present, only 16 States are eligible for grants. The Committee 

understands that ATF is willing to provide technical assistance to 

all States seeking to establish programs that meet the eligibility requirements for grants under the NIAA. The Committee urges OJP 

and ATF to assist States that are not currently eligible for NIAA 

grants in meeting the eligibility requirements and thereby enable 

them to begin contributing to the nationwide strengthening of 

NICS. In addition, the Committee directs OJP to make available 

prior year unobligated NIAA funding to augment this program. 

Reentry.—The recommendation includes $70,000,000 for Second 

Chance Act grants. The Committee remains concerned that despite 

a dramatic increase in corrections spending over the past two decades, recidivism and re-incarceration rates are largely unchanged. 

The Committee is aware that case studies of innovative, evidencebased practices provide a strong indication that this pattern can be 

reversed. In fact, Kansas, Texas, Ohio and North Carolina have 


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demonstrated how data-driven justice reinvestment strategies can 

have a remarkable impact on prison populations and costs. The 

Committee expects that Second Chance Act grants will foster the 

implementation of strategies that have been proven to reduce recidivism and ensure safe and successful reentry back to their communities of adults released from prisons and jails. The Committee 

directs the Department to submit as part of its spending plan for 

State and Local Law Enforcement Activities a plan for the use of 

all funds appropriated for Second Chance Act programs. The Committee expects such plan to designate funds for proven, evidencedbased programs that will further the goal of maximizing public 

safety. 

Tribal assistance.—The recommendation includes $38,000,000 for 

tribal grant programs. The Committee expects OJP to continue to 

consult closely with tribal stakeholders in determining how tribal 

assistance funds will be allocated among grant programs that improve public safety in tribal communities, such as grants for detention facilities under section 20109 of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 

103–322), civil and criminal legal assistance as authorized by title 

I of Public Law 106–559, tribal courts, and alcohol and substance 

abuse reduction assistance programs. The Committee directs OJP 

to submit, as part of the Department’s spending plan, an allocation 

of these funds that has been informed by such consultation. The 

Committee notes that the recommendation includes additional 

grant funding for tribal law enforcement programs through COPS 

and OVW. 

DNA backlog elimination.—The Committee recommendation includes $125,000,000 for DNA-related and forensic programs and activities. The request proposed to make available $100,000,000 to 

fund the DNA Initiative. Within the funding provided, the Committee provides $4,000,000 each for Post-Conviction DNA Testing 

grants and Sexual Assault Forensic Exam Program grants. The 

Committee expects that OJP will make funding for DNA analysis 

and capacity enhancement a priority to meet the purposes of the 

Debbie Smith DNA Backlog Grant Program. The Committee directs 

the Department to submit as part of its spending plan for State 

and Local Law Enforcement Activities a plan for the use of all 

funds appropriated for DNA-related and forensic programs and a 

report on the alignment of appropriated funds with the authorized 

purposes of the Debbie Smith DNA Backlog Grant Program. 

Adam Walsh Act.—The recommendation includes $20,000,000 for 

the implementation of Adam Walsh Act programs. The Committee 

understands that the Adam Walsh Act is a crucial tool for protecting children from dangerous predators who wish to exploit 

them. The Committee encourages the Department to allocate a portion of the funds available for Adam Walsh Act implementation for 

grants to train and employ personnel to help prosecute cases 

cleared through use of funds provided for DNA backlog elimination 

as authorized by section 624 of the Adam Walsh Child Protection 

and Safety Act of 2006 (Public Law 109–248). 

Evidence-based programs.—The Committee strongly urges the 

Department to ensure that, to the greatest extent practicable, competitive grants are used for evidence-based programs and activities. 


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JUVENILE JUSTICE PROGRAMS

The Committee recommends $209,500,000 for Juvenile Justice 

programs, which is $53,000,000 below fiscal year 2012 and 

$35,500,000 below the request. The recommendation provides direct appropriations for programs under this heading rather than 

providing partial funding from Crime Victims Fund balances as 

proposed in the request. Funds are distributed as follows: 

JUVENILE JUSTICE 

(in thousands of dollars) 

Program Amount 

Part B—State Formula Grants ............................................................................................................................. $33,000 

Youth Mentoring Grants ........................................................................................................................................ 90,000 

Victims of Child Abuse Programs ........................................................................................................................ 18,000 

Missing and exploited children programs ............................................................................................................ 67,000 

Child Abuse Training for Judicial Personnel ........................................................................................................ 1,500 

TOTAL, Juvenile Justice ................................................................................................................................ $209,500 

Youth mentoring.—The recommendation includes $90,000,000 for 

youth mentoring grants, which is $12,000,000 above fiscal year 

2012 and $32,000,000 above the request. 

Victims of child abuse programs.—The recommendation includes 

$18,000,000 for programs authorized under the Victims of Child 

Abuse Act, including grants for technical assistance and training 

for professionals involved in investigating, prosecuting and treating 

child abuse. The Department had proposed to eliminate this program. 

Spending plan.—The Committee directs the Department to submit as part of its spending plan for State and Local Law Enforcement Activities a plan for the use of all funding administered by 

the Office of Juvenile Justice and Delinquency Prevention. The 

Committee expects this plan to include details pertaining to the 

competitive awarding of grants under this heading and a plan for 

the use of all funding provided for missing and exploited children 

programs. 

PUBLIC SAFETY OFFICER BENEFITS

The Committee recommends a total of $78,300,000 for the Public 

Safety Officer Benefits program, which is the same as the fiscal 

year 2012 level and the request. Within the funds provided, 

$62,000,000 is for death benefits for survivors, an amount estimated by the Congressional Budget Office that is considered mandatory for scorekeeping purposes. Also within the total, 

$16,300,000 is recommended, as requested, for disability benefits 

for public safety officers who are permanently and totally disabled 

as a result of a catastrophic injury sustained in the line of duty, 

and for education benefits for the spouses and children of officers 

who are killed in the line of duty or who are permanently and totally disabled as a result of a catastrophic injury sustained in the 

line of duty. 


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COMMUNITY ORIENTED POLICING SERVICES

COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

The Committee recommends $72,500,000 for community oriented 

policing services, which is $126,000,000 below fiscal year 2012 and 

$217,087,000 below the request. Funds are distributed as follows: 

COMMUNITY ORIENTED POLICING SERVICES 

(in thousands of dollars) 

Program Amount 

Transfer to DEA for Methamphetamine Lab Cleanup .......................................................................................... $12,500 

Tribal Resources Grant Program .......................................................................................................................... 20,000 

COPS Hiring Grants .............................................................................................................................................. 40,000 

TOTAL, Community Oriented Policing Services ............................................................................................ $72,500 

Methamphetamine lab cleanup.—The recommendation includes 

$12,500,000 for methamphetamine activities, which shall be transferred to the DEA to assist State, local and tribal law enforcement 

agencies with the proper removal and disposal of hazardous materials at clandestine methamphetamine labs, including funds for 

training, technical assistance, the purchase of equipment, and a 

container program. 

Anti-methamphetamine investigatory efforts.—The Committee acknowledges the dramatic increase of methamphetamine production, 

trafficking and sale across the Nation. It also is aware of the devastating effects that this drug has to the individual user, to society, 

and to the economy. The production and use of meth has societal 

costs, including explosions and fires triggered by illegal manufacture of methamphetamine, environmental contamination, increased 

criminal activity, domestic violence, emergency room and other 

medical costs, the spread of infectious disease, including HIV/AIDS 

and hepatitis, and lost worker productivity. The majority of the 

economic burden of meth falls on State and local governments. In 

this regard, the Committee recognizes the role that the COPS office 

can play and has played in supporting anti-methamphetamine investigatory efforts, especially in States with high seizures of methamphetamine, precursor chemicals, laboratories, and laboratory 

dump sites. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The Committee has included the following general provisions in 

this bill for the Department of Justice: 

Section 201 makes available additional reception and representation funding for the Attorney General from the amounts provided 

in this title. 

Section 202 prohibits the use of funds to pay for an abortion, except in the case of rape or to preserve the life of the mother. 

Section 203 prohibits the use of funds to require any person to 

perform or facilitate the performance of an abortion. 

Section 204 establishes the obligation of the Director of the Bureau of Prisons to provide escort services to an inmate receiving an 

abortion outside of a Federal facility, except where this obligation 

conflicts with the preceding section. 


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Section 205 establishes the Committee’s requirements and procedures for transfer proposals. 

Section 206 authorizes the Attorney General to extend an ongoing Personnel Management Demonstration Project. 

Section 207 permanently extends specified authorities for undercover operations to the Bureau of Alcohol, Tobacco, Firearms and 

Explosives. 

Section 208 prohibits the use of funds for transporting prisoners 

classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure. 

Section 209 prohibits the use of funds for the purchase or rental 

by Federal prisons of audiovisual equipment, services and materials used primarily for recreational purposes, except for those 

items and services needed for inmate training, religious, or educational purposes. 

Section 210 requires review by the Deputy Attorney General and 

the Department Investment Review Board prior to the obligation or 

expenditure of funds for major information technology projects. 

Section 211 requires the Department to follow reprogramming 

procedures prior to any deviation from the program amounts specified in this title or the reuse of specified deobligated funds provided 

in previous years. 

Section 212 prohibits the use of funds for A–76 competitions for 

work performed by employees of the Bureau of Prisons or Federal 

Prison Industries, Inc. 

Section 213 prohibits U.S. Attorneys from holding additional responsibilities that exempt U.S. Attorneys from statutory residency 

requirements. 

Section 214 permits up to 3 percent of grant and reimbursement 

program funds made available to OJP to be used for training and 

technical assistance and permits up to 2 percent of grant or reimbursement funds made available to that office to be used for criminal justice research, evaluation and statistics. The Committee expects OJP to give priority to training and technical assistance activities that are evidence-based and help State, local, and tribal 

communities develop and implement comprehensive, system-wide 

strategies for public safety that also improve criminal justice systems. In light of the resurgence of methamphetamine production 

and trafficking, the Committee encourages OJP to support methamphetamine training and technical assistance initiatives that advance problem-solving strategies to combat methamphetamine, and 

which demonstrate the capacity to have a national impact through 

direct training and the distribution of information and resources. 

Section 215 gives the Attorney General the authority to waive 

matching requirements for Second Chance Act adult and juvenile 

reentry demonstration projects; State, tribal and local reentry 

courts; drug treatment programs; and prison rape elimination programs. 

Section 216 waives the requirement that the Attorney General 

reserve certain funds from amounts provided for offender incarceration. 

Section 217 prohibits funds, other than funds for the National Instant Criminal Background Check System established under the 

Brady Handgun Violence Prevention Act, from being used to facilitate the transfer of an operable firearm to a known or suspected 


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agent of a drug cartel where law enforcement personnel do not continuously monitor or control such firearm. 

Section 218 prohibits funds made available by this Act from 

being used to require public entities, places of public accommodation and commercial facilities to provide a permanent means of accessible entry to pools and spas. 

Section 219 prohibits funds made available by this Act from 

being used to require licensed firearms dealers to report on the sale 

of multiple rifles and shotguns to the same person. 

TITLE III 

SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

The Committee recommends $5,850,000 for the Office of Science 

and Technology Policy (OSTP), which is $1,350,000 above fiscal 

year 2012 and the same as the request. 

Coordination with China.—Section 539 of the Commerce, Justice, 

Science and Related Agencies Appropriations Act, 2012 (Public Law 

112–55) prohibits OSTP from engaging in bilateral activities with 

China or a Chinese-owned company unless OSTP has certified to 

the Congress that the activity in question will not result in the 

transfer of information with national or economic security implications. In a written exchange on the implementation of section 539, 

the White House communicated an intention to provide certifications 30 days prior to any bilateral activity and to include additional information along with any such certification, including a 

commitment that OSTP will not knowingly interact with individuals known by the United States to have been involved in the violation of human rights. Section 534 of this bill repeats the language 

from fiscal year 2012 while modifying it to conform with the existing agreement. 

Science, Technology, Engineering and Math (STEM) education.— 

An inventory of Federal investments conducted last year found that 

the government has more than 250 discrete programs seeking to 

improve the quality of STEM instruction and to increase the number of STEM students and teachers. Although the inventory determined that there was no duplication among those programs, the 

full portfolio appears to be fragmented and lacking in focus. The 

Committee expects that OSTP will use the results of the inventory, 

along with a forthcoming government-wide STEM education strategic plan, to consider and propose some consolidation and streamlining within that portfolio in future years. 

The Committee remains interested in improving the dissemination of K–16 STEM education research generated by Federal agencies. The Committee believes that a consolidated, easily accessible 

‘‘one-stop’’ source for STEM information, including curricula and 

classroom materials, would greatly improve the ability of educational practitioners to identify and use existing findings on effective STEM practices. The forthcoming strategic plan referenced 

above will incorporate a goal of producing a comprehensive and robust dissemination strategy based on a review of successful Federal 

and non-Federal best practices. OSTP shall keep the Committee informed about the continuing development of its dissemination 


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strategy and how the implementation of that strategy will achieve 

the goals and intentions of a ‘‘one-stop’’ source for improving research dissemination. 

The Committee also notes the emerging consensus that the U.S. 

economy is little served when the flexibility of U.S. employers to 

retain graduate-level talent in STEM fields from American universities is hampered. The Committee encourages OSTP to work with 

the relevant authorizing committees to ensure the U.S. economy 

has the talent it needs to maintain its position at the forefront of 

competitiveness and innovation in the global marketplace. 

President’s Council of Advisors on Science and Technology 

(PCAST).—The Committee’s recommendation adopts the Administration’s proposal to leave funding for the administrative support 

of the PCAST at the Department of Energy (DOE). OSTP is directed to immediately notify the Committees on Appropriations if 

the loss of direct control over the PCAST’s administrative budget 

causes problems in effectively directing and executing the work of 

the Council. 

Neuroscience Working Group.—The Committee understands that 

OSTP, through the National Science and Technology Council 

(NSTC), is establishing an interagency Neuroscience Working 

Group, consistent with language encouraging such an effort in the 

statement accompanying Public Law 112–55. The Committee continues to believe there is a potential in the near future for significant, transformative advances in our fundamental understanding 

of learning, brain development, and brain health and recovery, requiring enhanced tools to better understand the working of the 

brain, enhanced data and data infrastructure, and expanded interdisciplinary and large-scale research efforts. The interagency working group is intended to help coordinate, focus and enhance Federal 

efforts related to neuroscience, including efforts to develop future 

clinical treatments for traumatic and acquired brain injuries; increase our understanding of cognition and apply that knowledge to 

the improvement of education and learning; and improve our understanding of, and develop better therapies for, neurodegenerative 

diseases, childhood developmental disorders, and other neurological 

conditions. 

Public access to Federally-funded research publications.—The 

America COMPETES Reauthorization Act of 2010 (Public Law 

111–358) tasked OSTP, through the NSTC, with coordinating agency policies relating to the dissemination of unclassified scientific research, including peer-reviewed scholarly publications, supported 

wholly or in part by Federal funds. In partial fulfillment of that directive, the NSTC has conducted numerous solicitations of public 

comment, and the feedback from those solicitations has been in 

favor of allowing public access to scholarly publications after an appropriate embargo period. The Committee understands that the 

NSTC is continuing to assess public comment and to develop recommendations for possible new policies based on that input and 

other considerations. The Committee supports these efforts and directs OSTP to provide the Committee with semiannual status reports on the NSTC’s progress as discussions continue. 

Nanotechnology.—The National Research Council (NRC) recently 

released a strategy for developing the science and research infrastructure necessary to address the potential environmental, health 


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and safety risks of engineered nanomaterials. The Committee 

agrees that these risks need to be studied and encourages OSTP 

to ensure that sufficient investments in the NRC’s recommended 

research priorities, tools and approaches are made through the National Nanotechnology Initiative and related efforts. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

The Committee recommends $17,573,800,000 for the National 

Aeronautics and Space Administration (NASA), which is 

$226,200,000 below fiscal year 2012 and $137,600,000 below the request. 

GAO assessments of large scale projects.—The Commerce, Justice, 

Science, and Related Agencies Appropriations Act, 2008 (Public 

Law 110–161) mandated that GAO report on the status of largescale projects at NASA, and the Committee now anticipates these 

reports biannually. The Committee directs NASA to continue cooperating fully and providing timely program analysis, evaluation 

data and other relevant information to the GAO so that it can conduct its reviews and meet the congressional mandate. Such information includes, but is not limited to, copies of preliminary cost estimates; access to relevant online agency applications, databases, 

and web portals; and access to information from contractor and 

agency personnel. 

Breach reporting.—Pursuant to section 103 of the NASA Authorization Act of 2005 (Public Law 109–155), NASA is required to deliver several notifications and reports to the appropriate authorizing committees when project costs or schedules grow in excess of 

established thresholds. NASA is directed to submit concurrently to 

the Committees on Appropriations the notifications and reports required by section 103. 

Reprogramming notifications.—The Committee’s program and 

project recommendations for NASA are included in the consolidated 

funding table below and in additional narrative direction throughout this report. When executing its budget for fiscal year 2013, 

NASA shall incorporate the funding levels established in both the 

table and the narrative direction. Remaining funding decisions not 

otherwise specified may be made at NASA’s discretion but should 

be reported as part of the spending plan required by an administrative provision accompanying title III of this Act. The spending 

plan should be presented at the traditional level of detail down to 

the activity level. The plan itself and any subsequent changes 

made to the established spending plan amounts that meet the notification requirements of section 505 of this Act should be reported 

to the Committee via the notification procedures outlined in that 

section. 

The Committee’s table of recommendations for NASA follows: 

PROGRAMS, PROJECTS AND ACTIVITIES OF THE NATIONAL AERONAUTICS AND SPACE 

ADMINISTRATION 

(in thousands of dollars) 

Program Recommendation 

Science: 

Earth Science ........................................................................................................................................... $1,775,000 


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PROGRAMS, PROJECTS AND ACTIVITIES OF THE NATIONAL AERONAUTICS AND SPACE 

ADMINISTRATION 

(in thousands of dollars) 

Program Recommendation 

Planetary Science ..................................................................................................................................... 1,400,000 

Astrophysics ............................................................................................................................................. 650,000 

James Webb Space Telescope ................................................................................................................. 628,000 

Heliophysics ............................................................................................................................................. 642,000 

Total, Science .................................................................................................................................................... 5,095,000 

Aeronautics ....................................................................................................................................................... 569,900 

Space Technology .............................................................................................................................................. 632,500 

Exploration: 

Human Exploration Capabilities .............................................................................................................. 2,881,900 

Multi-Purpose Crew Vehicle ............................................................................................................ (1,024,900 ) 

Space Launch System (Vehicle Development and Exploration Ground Systems) .......................... (1,857,000 ) 

Commercial Spaceflight ........................................................................................................................... 500,000 

Exploration Research and Development .................................................................................................. 330,000 

Total, Exploration .............................................................................................................................................. 3,711,900 

Space Operations: 

Space Shuttle ........................................................................................................................................... 70,000 

International Space Station ..................................................................................................................... 2,990,000 

Space and Flight Support ........................................................................................................................ 925,000 

Total, Space Operations .................................................................................................................................... 3,985,000 

Education: 

Aerospace Research and Career Development ........................................................................................ 33,000 

NASA Space Grant .......................................................................................................................... (24,000 ) 

EPSCoR ............................................................................................................................................ (9,000 ) 

STEM Education and Accountability ........................................................................................................ 67,000 

Minority University Research Education Program .......................................................................... (30,000 ) 

STEM Education and Accountability Projects ................................................................................. (37,000 ) 

Total, Education ................................................................................................................................................ 100,000 

Cross Agency Support ....................................................................................................................................... 2,843,500 

Construction and Environmental Compliance and Restoration ....................................................................... 598,000 

Inspector General .............................................................................................................................................. 38,000 

Total, NASA ....................................................................................................................................................... $17,573,800 

SCIENCE

The Committee recommends $5,095,000,000 for Science, which is 

$5,000,000 above fiscal year 2012 and $183,800,000 above the request. 

Earth Science and Heliophysics.—The Committee’s recommendation includes $1,775,000,000 for Earth Science and $642,000,000 

for Heliophysics. In both instances, the modest increases provided 

are attributable to increased prices in the launch vehicle market 

and the development phasing of high priority decadal missions already underway. 

Planetary Science.—The Committee understands that budget 

pressures within and outside of the Science Mission Directorate 


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have required reductions in NASA’s science portfolio. The Committee is concerned, however, by the Administration’s proposal to 

make those reductions disproportionately within the planetary 

science program. Planetary science has long been one of NASA’s 

most successful programs, and the cuts proposed in the budget request will endanger this strong record and deviate significantly 

from the program plan envisioned by the most recent planetary 

science decadal survey. The Committee’s recommendation of 

$1,400,000,000 seeks to address programmatic areas where the Administration’s proposal is most deficient in meeting the decadal 

survey’s goals while also ensuring that the program, as a whole, 

maintains balance among program elements. 

The first area of deficiency in the request is Planetary Science 

Research. The decadal survey recommended increasing research 

funding by a specified rate above inflation, but the request only 

achieves this standard by including in the total a new Joint Robotics Program for Exploration (JRPE), which is not a traditional research program as envisioned by the NRC. The Committee has addressed this problem by providing $192,000,000 for Planetary 

Science Research. This level is sufficient to support both the requested level for JRPE and an additional $3,500,000 above the request for traditional research and analysis activities in order to 

achieve better consistency with the decadal recommendation. 

The request also proposes insufficient funding for the Discovery 

and New Frontiers programs, resulting in significant delays relative to the mission tempos outlined in the decadal. To improve 

these tempos, the Committee has provided a total of $480,000,000 

for Discovery and New Frontiers, which is $115,400,000 above the 

aggregate requests for these programs. NASA is directed to divide 

these funds between Discovery and New Frontiers in a manner 

that optimizes the potential mission tempos for both programs. 

The final areas of deficiency in the request are Mars Exploration 

and Outer Planets. The decadal survey chose a Mars sample return 

mission and a Jupiter Europa orbiter as its top two flagship-class 

priorities, but the budget request reduces funds for a future Mars 

mission (‘‘Mars Next Decade’’) to a fraction of previous planning estimates and eliminates all funding for substantive work on a new 

outer planets mission. As such, the request will inhibit significant 

progress from being made on either priority, even in descoped form. 

The Committee rectifies this situation by increasing the funds 

available for Mars Next Decade to $150,000,000, or $88,000,000 

above the request, in order to allow for a more substantial mission 

concept to be developed. According to the decision rules of the 

decadal survey, however, that mission concept must lead to the accomplishment of sample return in order to remain a top funding 

priority. Because the Committee is unable to discern whether this 

condition is being met from the scant information provided to date 

about Mars Next Decade, NASA is directed to promptly submit its 

Next Decade mission concept to the NRC for evaluation. The recommendation includes language prohibiting the obligation of funds 

for the mission unless and until the NRC submits to the Committees on Appropriations a certification confirming that the mission 

concept will lead to the accomplishment of sample return as described in the Mars Astrobiology Explorer-Cacher section of the 

decadal survey. If the NRC instead determines that NASA’s chosen 


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mission concept will not lead to the accomplishment of sample return, NASA is directed to immediately: (1) notify the Committees; 

(2) reallocate the funds provided for Mars Next Decade to the 

Outer Planets Flagship program in order to begin substantive work 

on the second priority mission, a descoped Europa orbiter; and (3) 

submit the Mars Next Decade mission concept, or any substitute 

Mars mission concept, for competition in the Discovery or New 

Frontiers programs. 

Plutonium–238.—Progress on a Europa orbiter or any other longrange planetary science mission will require a sustainable source 

of Plutonium–238 (Pu–238), a radioisotope that is an essential 

source of electricity for spacecraft venturing beyond the range of 

solar power. The bill makes available $14,500,000 from this account, as requested, to restart production of Pu–238. The Committee directs NASA to provide a plan, including an anticipated 

schedule and milestones, for the Pu–238 program through the reestablishment of production. This plan should be coordinated with 

NASA’s partners at DOE and should be provided to the Committees on Appropriations no later than 120 days after the enactment 

of this Act. 

The Committee also directs the Planetary Science Division, in 

conjunction with elements of the Space Technology program, to 

continue working on Advanced Stirling Radioisotope Generator 

(ASRG) technology, which will enable NASA to make more efficient 

use of available radioisotope fuels in the future. 

James Webb Space Telescope (JWST).—The recommendation includes $628,000,000 for JWST in order to keep the program on 

track for a 2018 launch. NASA is expected to continue cooperating 

with the GAO review of JWST that was begun in fiscal year 2012 

and to give GAO access to all relevant and necessary program information. 

The bill retains language establishing a cap of $8,000,000,000 for 

JWST formulation and development costs and requiring NASA to 

have the program reauthorized by Congress in the event of further 

cost increases. These provisions are necessary to ensure that NASA 

is appropriately managing risks and containing costs. 

As another means of cost control, NASA committed to calculating 

new cost and schedule estimates for the program. The Committee 

expected that this process would result in estimates that meet the 

agency’s 70 percent joint cost and schedule confidence level (JCL) 

standards, but the actual JWST JCL is only 66 percent. NASA has 

assured the Committee that the lower JCL is not due to any weakness in its estimates but is an artifact resulting from the late application of the JCL tool to a fairly mature project. In the absence of 

a high confidence JCL, however, the Committee requires additional 

information in order to regularly monitor the program’s fiscal 

health. NASA shall submit to the Committees on Appropriations, 

on a quarterly basis, a listing of all JWST performance milestones 

met and not met for that quarter; a description of the budget and 

schedule ramifications associated with those milestones; and an 

overall assessment of the current budget and schedule posture of 

the program. 

Astrophysics.—The recommendation includes $650,000,000 for 

Astrophysics. 


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The Committee believes that NASA’s proposal to spend up to 

$9,000,000 in fiscal year 2013 on a hardware contribution to the 

European Space Agency’s Euclid mission is in conflict with the 

NRC’s recommendation to make such an investment only in the 

context of a strong commitment to NASA’s Wide Field Infra-Red 

Survey Telescope, for which no funding is requested. Prior to obligating any funding for Euclid hardware, therefore, NASA is directed to report to the Committees on Appropriations on how its 

proposed plans are consistent with the results of the NRC Euclid 

review. 

AERONAUTICS

The Committee recommends $569,900,000 for Aeronautics, which 

is the same as fiscal year 2012 and $18,400,000 above the request. 

Aeronautics and the economy.—Research and development conducted by the Aeronautics program produces innovative technologies that, when transferred to other Federal agencies and to 

the aviation industry, create jobs, bolster the competitive position 

of American aviation companies, improve aviation safety and make 

better flying experiences for the general public. Consistent with the 

bill’s focus on research programs with ties to manufacturing and 

domestic job creation, the Committee has prioritized funds for Aeronautics and rejected NASA’s proposal to reduce activity in this 

area. 

Entry, descent and landing (EDL) technology.—The recommendation does not adopt the proposed transfer of the EDL technology development work done by the Aeronautics program to the Space 

Technology account. However, NASA is encouraged to take all necessary steps to ensure that EDL work performed across all relevant 

accounts is appropriately coordinated. 

Hypersonic research.—The budget request proposes a drastic reduction in NASA’s hypersonic research program. While it is possible that the Department of Defense (DOD) could provide programmatic continuity by assuming responsibility for any discontinued work, discussions to confirm and formalize such an arrangement have not been completed, and therefore the outcome is not assured. The Committee believes that acting on NASA’s reduction request without an assured plan for the transition of these activities 

would pose a risk to critical national capabilities and has consequently rejected the proposed cuts. However, the Committee encourages NASA to continue working with DOD to define appropriate agency roles in hypersonic research and to propose changes 

to rationalize the division of responsibilities and work in future fiscal years. 

Flight research.—A recent report of the NRC found that decreasing budgets and increasing risk aversion have led NASA to significantly reduce the Aeronautics program’s use of flight research, 

which is a critical tool for establishing the necessary confidence in 

new technologies leading to acceptance among end users. The Committee directs NASA to provide to the Committees on Appropriations a response to the NRC’s report, including an assessment of 

the recommendations made by the NRC for the reprioritization and 

restructuring of the program. This report should be provided no 

later than 120 days after the enactment of this Act. 


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Unmanned Aircraft Systems (UAS).—The Committee supports 

NASA’s UAS integration project, which conducts research and development to enable the safe and efficient operation of UAS within 

the National Airspace System, and has provided $30,500,000, as requested, for UAS-related activities. NASA is encouraged to continue pursuing UAS research priorities as identified through 

NASA’s own planning processes, as well as through joint planning 

efforts with the Department of Defense, the Federal Aviation Administration and the Department of Homeland Security. 

Environmentally Responsible Aviation.—NASA is directed to report to the Committees on Appropriations on its five year plans for 

research and development in the Environmentally Responsible 

Aviation program, including expected interagency activities. This 

report should be provided no later than 120 days after the enactment of this Act. 

SPACE TECHNOLOGY

The Committee recommends $632,500,000 for Space Technology, which is $57,500,000 above fiscal year 2012 and $66,500,000 below 

the request. 

Entry, descent and landing technology.—As noted above, the 

Committee has not adopted NASA’s proposal to transfer $7,500,000 

from Aeronautics to Space Technology for further development of 

EDL technology. Consequently, these funds remain within the total 

provided under the Aeronautics heading. 

Advanced Stirling Radioisotope Generators.—The Planetary 

Science Division has been working on the development and maturation of ASRG technology as described above. This technology is 

vital to maximize our use of limited Pu–238 stocks and enable future missions to distant locations like Europa in the solar system. 

Consistent with the recommendation contained in the recent NRC 

report on NASA’s space technology roadmaps, the Office of the 

Chief Technologist shall assist the Planetary Science Division in 

maturing ASRG technology to a flight demonstration level so that 

it can be appropriately utilized on a long distance space mission. 

EXPLORATION

The Committee recommends $3,711,900,000 for Exploration, which is $58,900,000 below fiscal year 2012 and $220,900,000 

below the request. 

Space Launch System (SLS) development.—The Committee remains committed to the development of the full 130 metric ton SLS 

capability, which is necessary for NASA to achieve its most aggressive beyond Earth orbit exploration goals. In order to achieve this 

capability, NASA has laid out a development plan that begins with 

a 70 metric ton capability and evolves to 130 metric tons as work 

is completed on critical upper stage components and an advanced 

booster competition is completed. The Committee supports this 

plan as long as its execution remains consistent with NASA’s legal 

obligations to design the system from inception to the 130 metric 

ton standard and to proceed with simultaneous development of the 

core and upper stages. However, the Committee urges NASA to 

continue seeking innovative design and management strategies 

that will accelerate the currently projected schedule for attaining 

the 130 metric ton capability. 


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To give the Committee more insight into the level of effort being 

dedicated to each component of the SLS, NASA shall continue submitting quarterly reports on SLS spending by major program element, as first requested in the statement accompanying Public Law 

112–55. The first such quarterly report of fiscal year 2013 should 

also include a narrative description of how NASA’s design and development approach is currently supporting the ultimate attainment of a 130 metric ton SLS capability. The report should include 

a discussion of how the SLS will evolve from a 70 metric ton to a 

130 metric ton capability and provide objective evidence showing 

that the ultimate 130 metric ton capability is being advanced 

through current activities, such as the design and development of 

common manufacturing systems for the core and upper stage and 

planning and implementation of ground launch systems that can 

accommodate the 130 metric ton capability. Finally, the report 

should also include an explanation of the technical benefits that 

NASA believes are provided by developing a system that can be 

flown with a variety of different lift capabilities. 

SLS funding.—The statement accompanying Public Law 112–55 

mandated several changes to NASA’s presentation of the human 

exploration program budget, primarily affecting the SLS. These 

changes included: (1) requesting exploration-related construction 

funding in the Construction and Environmental Compliance and 

Restoration (CECR) account rather than the Exploration account; 

(2) identifying SLS-related ground operations needs separately 

from the SLS vehicle development budget; and (3) moving the portions of the 21st Century Space Launch Complex (21CSLC) budget 

that directly support SLS from the Space Operations account to the 

Exploration account to be combined with the rest of the SLS 

ground operations budget. NASA has made these changes by shifting funds between accounts as directed and identifying SLS ground 

operations as a separate, consolidated program line entitled Exploration Ground Systems (EGS). 

The Committee continues to believe these are beneficial changes 

that improve oversight by reducing the transfer of funds after an 

appropriation is enacted and eliminating the programmatic split of 

the 21CSLC funding that obscured true EGS requirements. However, the Committee also understands that the change in display 

complicates an attempt to directly compare total annual SLS-related funding, as it is now split between the SLS and EGS lines 

and the Exploration and CECR accounts. For purposes of enabling 

that comparison, the table below shows the fiscal year 2012 and 

2013 SLS vehicle development and EGS budgets in both the fiscal 

year 2012 appropriations structure and the fiscal year 2013 appropriations structure. 

CROSSWALK OF SPACE LAUNCH SYSTEM APPROPRIATIONS 

(in thousands of dollars) 

Activity, Budget Account 

In FY 2012 Account Structure In FY 2013 Account Structure 

FY 2012 FY 2013 FY 2012 FY 2013 

SLS Vehicle Development ......................................................................... $1,543,500 1,543,500 1,543,500 1,543,500 

Exploration ....................................................................................... (1,543,500 ) (1,543,500 ) (1,503,000 ) (1,454,200 ) 

Construction and Environmental Compliance and Restoration ..... — — (40,500 ) (89,300 ) 

SLS Ground Operations/Exploration Ground Systems .............................. 399,700 453,900 399,700 453,900 

Exploration ....................................................................................... (316,500 ) (357,200 ) (387,700 ) (402,800 ) 

Space Operations ............................................................................ (83,200 ) (96,700 ) — — 


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CROSSWALK OF SPACE LAUNCH SYSTEM APPROPRIATIONS—Continued 

(in thousands of dollars) 

Activity, Budget Account 

In FY 2012 Account Structure In FY 2013 Account Structure 

FY 2012 FY 2013 FY 2012 FY 2013 

Construction and Environmental Compliance and Restoration ..... — — (12,000 ) (51,100 ) 

Total, Space Launch System .................................................................... $1,943,200 1,997,400 1,943,200 1,997,400 

These tables show that, across all accounts, the fiscal year 2013 

appropriation for SLS vehicle development and EGS is 

$1,997,400,000, which is $54,200,000 above the comparable fiscal 

year 2012 level. 

The recommendation aligns the SLS vehicle development budget 

with the fiscal year 2013 levels established in the SLS Independent 

Cost Assessment (ICA) plus an additional amount to account for 

cost margins, which external evaluators found to be a weakness in 

the ICA. The Committee feels that the ICA remains the safest 

basis for program budgetary estimates until such time that NASA 

has finished a comprehensive, bottom-up cost estimate for the program; definitized remaining contracts; and completed other actions 

that could have a significant impact on cost. The Committee expects, consistent with NASA’s assertions, that the recommended 

funding levels for SLS and EGS will keep these programs on track 

for the attainment of a joint Multi-Purpose Crew Vehicle (MPCV)– 

SLS test flight in 2017. 

MPCV development and funding.—In keeping with the Committee’s approach to the SLS budget, the Committee looked to the 

MPCV ICA as an indicator of the sufficiency of NASA’s request for 

the MPCV program. Although the request represents a decrease 

from fiscal year 2012, it is consistent with the ICA for fiscal year 

2013 and, according to NASA, will keep the program on track for 

an MPCV flight test in 2014, an ascent abort test in 2016 and a 

joint MPCV–SLS test flight in 2017. 

The table below shows total MPCV appropriations contained in 

this Act, to include funds provided under the CECR heading. 

CROSSWALK OF MULTI-PURPOSE CREW VEHICLE APPROPRIATIONS 

(in thousands of dollars) 

Activity, Budget Account FY 2012 in FY 

2013 Structure FY 2013 

Multi-Purpose Crew Vehicle ..................................................................................................... $1,200,000 1,028,210 

Exploration ...................................................................................................................... (1,200,000 ) (1,024,900 ) 

Construction and Environmental Compliance and Restoration ..................................... — (3,310 ) 

Total, Multi-Purpose Crew Vehicle ........................................................................................... $1,200,000 1,028,210 

Mission destinations.—The Committee continues to believe that 

NASA needs to establish specific mission goals for the MPCV and 

SLS and set target destinations that will enable the achievement 

of those goals. These actions will help to focus the program and 

provide a common vision for future achievements. NASA shall report to the Committees on Appropriations on the mission goals for 

the test flights of MPCV and SLS currently scheduled for 2017 and 

2021, including the expected flight paths and any anticipated mission activities beyond testing and validation of flight systems. The 


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report, which should be submitted no later than 180 days after the 

enactment of this Act, should also include an assessment of systems, technology or other capabilities, if any, that are necessary to 

achieve the chosen mission goals but are not supported in the current budget runout. 

Commercial crew.—The Committee supports the goal of achieving independent and redundant access to the International Space 

Station (ISS) but remains concerned about many aspects of NASA’s 

approach to the commercial crew development program. First, the 

Committee believes that the program’s total estimated development 

costs of $4,868,000,000 are too high given that the current commitment to the ISS leaves NASA with only a few years to make use 

of commercial crew services and no sufficient additional market has 

been clearly demonstrated in the absence of NASA as a base customer. 

Second, the current structure of the program has insufficient 

safeguards in place to protect the government’s interests in intellectual or physical property developed with Federal money in the 

event that companies are terminated from or opt to leave the program. As such, there is a risk of repeating the government’s experience from last year’s bankruptcy of the solar energy firm Solyndra, 

in which the failure of a high risk, government subsidized development venture left taxpayers with no tangible benefit in exchange 

for their substantial investment. 

Third, the Administration appears to be pursuing potentially inconsistent goals for the program: (1) the achievement of the fastest, 

safest, most cost effective means of domestic access to the ISS, and 

(2) the ‘‘seeding’’ of a new commercial spaceflight industry. Given 

the overwhelming importance of the first of these goals, any funding, time and effort expended in pursuit of the second is potentially 

a distraction from other necessary work, and, in an environment of 

fiscal constraint, a dilution of limited resources. 

Finally, the program’s current acquisition strategy lacks any defined plan to transition from the planned Space Act Agreement 

(SAA)-based Commercial Crew Integrated Capability (CCiCap) 

round of awards to a Federal Acquisition Regulation (FAR)-based 

certification and service contract. As a result, the strategy presents 

a significant risk of costly, lengthy delays as NASA attempts to 

retroactively assess competitors’ designs on safety and other standards and companies attempt to make changes in fully mature integrated designs to address instances in which NASA cannot verify 

that a necessary qualification criterion has been met. 

The Committee believes that many of these concerns would be 

addressed by an immediate downselect to a single competitor or, at 

most, the execution of a leader-follower paradigm in which NASA 

makes one large award to a main commercial partner and a second 

small award to a back-up partner. 

With fewer companies remaining in the program, NASA could reduce its annual budget needs for the program and fund other priorities like planetary science, human exploration or aeronautics research. In addition, an accelerated downselect would allow NASA 

to focus its remaining funds and technical assistance resources on 

the most promising contender, potentially enabling that competitor 

to produce a final capability faster than otherwise possible. It 

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egy of holding an open competition (to include current funding recipients and new entrants) and following a more traditional FARbased management approach, avoiding a complex transition from 

SAAs late in the development process and allowing the government 

to better protect its interests in intellectual and physical property 

developed with taxpayer funds. Finally, this strategy is more consistent with current overarching fiscal guidance included in the fiscal year 2013 House budget resolution. In a climate of decreasing 

non-defense discretionary spending, the Committee does not believe 

that the Administration’s proposed budget runout for commercial 

crew is sustainable. 

For all of these reasons, the Committee believes that the advantages offered by an immediate downselect and a return to FARbased contracts outweigh the potential benefits of maintaining the 

current program structure. As a result, the Committee directs 

NASA to execute the program as described above and in accordance 

with a fiscal year 2013 funding level of $500,000,000, which is 

equal to the level agreed to by Congress and the Administration in 

the NASA Authorization Act of 2010 (Public Law 111–267). 

Human spaceflight safety.—The Committee appreciates the work 

of the Aerospace Safety Advisory Panel (ASAP), which provides advice and recommendations to NASA and the Congress on matters 

relating to safety. In its next annual report to Congress, the Committee encourages the ASAP to pay specific attention to NASA’s 

strategy for transitioning the commercial crew program from the 

development to certification phases; its planned processes for completing commercial crew certification; and the safety requirements 

and testing and verification schedules being used for the MPCV 

and SLS. 

SPACE OPERATIONS

The Committee recommends $3,985,000,000 for Space Operations, which is $248,600,000 below fiscal year 2012 and 

$28,200,000 below the request. 

Space Shuttle.—The recommendation includes a total of 

$70,000,000 for continuing Space Shuttle transition and retirement 

(T&R) activities in fiscal year 2013. 

The statement accompanying Public Law 112–55 directed NASA 

to provide by September 30, 2012 a report with comprehensive outcome data for the Shuttle workforce. According to the current 

schedule for completing Shuttle T&R, however, some Shuttle workers may remain on the job beyond the requested due date for that 

report. Consequently, NASA is directed to provide to the Committees on Appropriations a supplement to the Shuttle workforce report no later than 90 days after the formal completion of T&R activities. This supplement should provide the previously requested 

outcome data for any Shuttle workers who continued to execute 

Shuttle T&R beyond the original report completion date. 

ISS research.—The Administration’s commitment to the ISS currently lasts through 2020. Whether the Station continues to be utilized beyond that point is a critical factor in the decision making 

about the future of NASA’s other human spaceflight activities, especially the commercial crew and beyond Earth orbit exploration 

programs. NASA is urged to begin as soon as possible the process 


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of making a firm decision on whether the ISS program will continue beyond 2020. 

An important element in the decision making about the long 

term status of ISS is whether it can demonstrate sufficient research value to justify the continuation of its operating budget. 

Currently, the fraction of the overall ISS budget devoted to research is extremely small, and plans for leveraging outside funding 

through the ISS National Lab are moving slowly because the National Lab’s manager, the Center for the Advancement of Science 

in Space (CASIS), is still establishing its management and governance structures. If the ISS is going to demonstrate its long-term 

value as a research facility and technology testbed, all research-related planning and support will need to be executed with greater 

urgency to maximize utilization of the space. NASA is directed to 

take all necessary steps to do this, including providing appropriate 

technical and management support for the ISS National Lab. 

ISS operations.—The Committee remains concerned that NASA 

does not have a short-term back-up plan to provide access to the 

ISS in the event of a Soyuz failure or delay. While recent Soyuz 

complications have been resolved in a timely manner, future incidents of greater severity could force the evacuation of the Station, 

with a resultant loss of scientific and other opportunities. NASA is 

directed to report to the Committees on Appropriations on its 

planned means of providing short-term emergency access to the 

Station, including the potential use of the MPCV from its earliest 

availability, and the timeline necessary to bring such an emergency 

access capability online under existing budgetary assumptions. 

Launch Services Program.—The Committee remains concerned 

about the lack of a certified medium class launch vehicle currently 

in production. While NASA remains confident that sufficient medium class vehicle options will be available when needed, the Committee encourages NASA to ensure that the budgets of its medium 

class missions reflect an appropriate amount of risk associated with 

this uncertainty. 

The Committee is also concerned about the causes and impacts 

of a recent increase in launch vehicle prices across all classes. GAO 

and other sources attribute this increase, in part, to the failure of 

the government to effectively leverage its full bargaining power by 

consolidating the purchase of launch vehicles across agencies. The 

Committee urges NASA to continue working with DOD to ensure 

that launch vehicle services are procured in the most efficient and 

cost effective manner. 

21st Century Space Launch Complex.—The Committee has provided $41,100,000 for 21CSLC, as requested. All multi-user projects 

and other launch infrastructure activities not associated with the 

ground operations needs of the SLS should be supported with this 

funding and not with EGS funds in the Exploration account. 

NASA shall submit to the Committees on Appropriations a five 

year strategic plan for upgrades and modernization associated with 

the launch infrastructure at the Wallops Flight Facility. This report, which should be prepared in consultation with the Wallops 

user community, shall be provided no later than 180 days after the 

enactment of this Act. 


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EDUCATION

The Committee recommends $100,000,000 for Education, which 

is $38,400,000 below fiscal year 2012 and the same as the request. 

Portfolio restructuring.—The Committee supports NASA’s ongoing efforts to restructure its education portfolio. This restructuring 

will reduce the programmatic fragmentation documented in the 

NSTC’s inventory of STEM education investments; address the 

goals and priorities of the upcoming government-wide STEM education strategic plan; and be responsive to the findings of a recent 

GAO report on potential duplication in Federal STEM education 

programs. While the restructuring has led, in part, to a reduced 

total funding level for NASA education activities, the Committee 

notes that NASA is working to leverage partnership and other coordination opportunities to expand its reach and influence at low 

cost. 

Aerospace Research and Career Development.—The recommended 

level includes $24,000,000 for NASA Space Grant and $9,000,000 

for the Experimental Program to Stimulate Competitive Research 

(EPSCoR). The Committee urges NASA to minimize the administrative costs associated with these programs in order to maximize 

funding available for programmatic purposes. In furtherance of administrative cost oversight, NASA is directed to include an accounting of its administrative costs for both Space Grant and EPSCoR 

in the spending plan prepared pursuant to the administrative provisions of title III of this Act and in the fiscal year 2014 budget request. 

Informal science education.—Within funds provided for STEM 

Education and Accountability projects, NASA may offer competitive 

grant opportunities for informal science education programs to 

qualifying institutions as described in section 616 of the NASA Authorization Act of 2005 (Public Law 109–155) and/or NASA Visitors 

Centers. 

CROSS AGENCY SUPPORT

The Committee recommends $2,843,500,000 for Cross Agency 

Support (CAS), which is $151,500,000 below fiscal year 2012 and 

$4,000,000 below the request. 

Cybersecurity.—The Committee is concerned by the persistence of 

significant security vulnerabilities in NASA’s information technology systems, including those systems that control spacecraft and 

maintain critical data sources. Mitigating some of these 

vulnerabilities will be a long-term process, as the issues involved 

are complex and the potential solutions are not straightforward. 

Other vulnerabilities such as the nearly universal lack of 

encryption on agency laptops are discrete and easily addressed, and 

the Committee believes more substantial progress must be made to 

resolve them. 

Many of the findings on NASA’s information technology security 

vulnerabilities stem from oversight work by the NASA Office of Inspector General (OIG), which has done 21 cybersecurity-related audits over the past 5 years. As part of its cybersecurity report submitted pursuant to the requirement contained at the front of this 

report, NASA shall include a listing of all open OIG recommendations relating to those audits, along with a description of NASA’s 


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current progress in resolving those recommendations and a date by 

which the agency anticipates completing that resolution. 

Independent Verification and Validation (IV&V).—The budget request again proposes a reduction to the IV&V program despite substantial ongoing needs for IV&V services. In order to ensure that 

all necessary work continues to be performed despite a smaller 

dedicated IV&V budget in fiscal year 2013, NASA shall fund any 

IV&V shortfall from within the mission directorates that make use 

of IV&V services. However, the purchase of IV&V reviews with 

mission directorate funds raises questions of objectivity and therefore should not become a longstanding NASA practice. The Committee expects NASA to address this issue in its fiscal year 2014 

budget request. 

Working Capital Fund (WCF) reporting.—The Committee directs 

NASA to continue submitting quarterly reports to the Committees 

on Appropriations on the expenditures and unobligated balances of 

NASA’s WCF, as first requested in the statement accompanying 

Public Law 112–55. 

Knowledge management.—The Committee has supported NASA’s 

efforts to identify project management problems commonly experienced across the agency and to develop and apply lessons learned 

from those experiences to projects currently underway. The positive 

potential for such an exercise seems significant, but the Committee 

has not seen evidence that NASA is using the lessons learned process to the extent expected. The reasons for this were recently documented in an assessment by the OIG, which found that NASA’s 

strategy for lessons learned (as well as knowledge management 

generally) is undefined, and that the Lessons Learned Information 

System is underutilized across the agency. 

The Committee continues to believe that rigorous self-assessment 

is the most effective means for NASA to avoid a repeat of significant project management lapses like those that led to JWST’s cost 

overruns. Therefore, it is critical that NASA define and aggressively implement a comprehensive lessons learned strategy as soon 

as possible. The Office of the Chief Engineer has indicated an intention to complete a broader knowledge management strategy, to 

include lessons learned, by March of 2013. NASA shall report to 

the Committees on Appropriations with a summary of the strategy 

and a plan for ensuring its agency-wide implementation no later 

than April 30, 2013. 

Comprehensive independent assessment.—The NRC is currently 

conducting the comprehensive independent assessment called for in 

Public Law 112–55. NASA shall report to the Committees on Appropriations on the agency’s response to that assessment, including 

any recommendations contained therein, no later than 90 days 

after the public release of the NRC’s final report. 

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

The Committee recommends $598,000,000 for CECR, which is 

$208,000,000 above fiscal year 2012 and $21,200,000 below the request. The increase in funding over fiscal year 2012 is primarily attributable to the direct appropriation of $143,700,000 of Exploration construction funds and $21,900,000 of Space Operations construction funds to this account. In fiscal year 2012, such funds 


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were appropriated under the Exploration and Space Operations accounts and transferred to CECR after enactment. 

Institutional construction.—The Committee supports NASA’s ongoing efforts to address critical facilities-related safety issues; replace old facilities with smaller, more efficient facilities; and demolish unneeded structures. These actions will help to reduce NASA’s 

annual operating costs and the current replacement value of its infrastructure. In order to carry out these activities, the recommendation includes $362,800,000 for institutional construction. 

The Committee expects that these funds will be spent in a manner 

consistent with NASA’s agency facilities master plan. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $38,000,000 for the OIG, which is 

$700,000 above fiscal year 2012 and $1,000,000 above the request. 

The recommendation for the OIG represents a current services 

budget in order to ensure that there will be no diminution of oversight efforts. 

ADMINISTRATIVE PROVISIONS

The Committee has included the following administrative provisions for NASA: 

The bill includes a provision that makes funds for announced 

prizes available without fiscal year limitation until the prize is 

claimed or the offer is withdrawn. 

The bill includes a provision that establishes terms and conditions for the transfer of funds. 

The bill includes a provision that repeals existing prohibitions on 

the implementation of reductions in force or other involuntary separations. 

The bill includes a provision that requires NASA to submit an 

agency spending plan and subjects both the spending plan and 

specified changes to that plan to reprogramming procedures under 

section 505 of this Act. 

The bill includes a provision that allows NASA to retain within 

its WCF refunds or rebates received through NASA’s credit card 

programs. 

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

The Committee recommends $5,942,693,000 for Research and Related Activities (R&RA), which is $223,693,000 above fiscal year 

2012 and $40,587,000 below the request. 

Research priorities.—The Committee appreciates the National 

Science Foundation’s (NSF) commitment to reviewing its portfolio 

of programs and proposing reductions or terminations where appropriate. Such proposals provide a more fiscally sustainable way to 

support new or expanded programs. Accordingly, the recommendation adopts all of the reduction and termination proposals contained in the R&RA budget request except for the proposed termination of the Communicating Science Broadly (CSB) program. The 

Committee supports the continuation of CSB activities to ensure 

taxpayers have access to information about the impact and relevance of NSF’s scientific research. 


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The funds made available through reductions and terminations, 

together with the increase provided by the Committee, will allow 

NSF to expand or enhance its activities across a range of research 

areas with significant potential impacts on national security and 

economic competitiveness. The Committee directs NSF to prioritize 

these new activities toward cybersecurity and cyberinfrastructure 

improvements; advanced manufacturing (as further discussed 

below); materials research; and disciplinary and interdisciplinary 

research in the natural and physical sciences, math and engineering. Not later than 90 days after the enactment of this Act, NSF 

shall report to the Committees on Appropriations on the detailed 

distribution of funding by program within this account. 

Advanced Manufacturing.—The recommendation includes the 

proposed funding level of $148,900,000 for the Advanced Manufacturing initiative. Future economic prosperity in the United States 

will depend largely on our ability to develop and manufacture new 

products based on advanced technologies, both for the domestic 

market and for export. Basic research supported through NSF and 

other Federal science agencies is critical to this effort because it 

will help provide the foundation for the development of such new 

products and technologies by the private sector. 

Commercialization of NSF-funded research.—Many technical and 

scientific products, tools and processes in regular commercial use 

today can trace their origins back to basic research funded by NSF. 

It is the Committee’s hope that such commercial applications of 

taxpayer-funded research would always benefit the domestic economy, but there are occasions where such applications are used instead for the production of goods and services (and, therefore, jobs) 

overseas. NSF lacks the means to predict how and where the technology produced from its basic research grants will eventually be 

utilized, but the connection between Federal funding and commercial utilization is much clearer for Innovation Corps (i-Corps) 

grants, where a potential path to commercialization has already 

been identified and recipients are actively working to transition 

into the marketplace. Therefore, in order to maximize return to the 

taxpayer on i-Corps investments, NSF is directed to require all recipients of i-Corps funding to commit to the domestic production of 

the goods or services being commercialized with NSF’s assistance. 

Neuroscience.—NSF is uniquely positioned to advance the nonmedical aspects of cognitive sciences and neurosciences, particularly through interdisciplinary research, computational models, visualization techniques, innovative technologies, and the underlying 

data and data infrastructure needed to transform our understanding of these areas. To help focus and coordinate future investments in this area, the Committee encourages NSF to establish a 

neuroscience crosscutting budget theme, in conjunction with the 

interagency Neuroscience Working Group that is being established 

by OSTP through the NSTC. 

Management of scientific facilities.—It is the policy of the National Science Board (NSB) that all NSF awards should be made 

through peer-reviewed competition and recompetition in order to 

best serve the interests of science and education. The Committee 

understands, however, that the NSB has also endorsed a modified 

recompetition policy for major facilities awards that is intended to 

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way at the time that an award expires. While the Committee supports this policy, it must be carefully exercised in order to ensure 

that noncompetitive award extensions are not overused in the 

name of programmatic continuity. Consequently, NSF shall report 

to the Committees on Appropriations on plans for recompeting all 

major facilities awards set to expire within five years of the enactment of this Act. This report shall be provided no later than 90 

days after the enactment of this Act. 

The Committee notes that the utilization of interdisciplinary research facilities does not always align with the way these facilities 

are budgeted. For example, one research division may provide all 

of the operations and maintenance funding for a facility that supports scientific activity across several other divisions. The misalignment between a facility’s users and its funding source reduces 

transparency in NSF’s budget request and places a potentially 

unsustainable burden on the funding division. NSF shall report to 

the Committees on Appropriations with a listing of all active NSFfunded interdisciplinary research facilities, a description of the 

source(s) of funding support for each facility and an analysis of the 

utilization of each facility by research division. The report should 

also include a description of options for addressing the issues presented by any misalignment of facilities utilization and funding 

and NSF’s assessment of those options. This report shall be provided no later than 120 days after the enactment of this Act. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

The Committee recommends $196,170,000 for Major Research 

Equipment and Facilities Construction (MREFC), which is 

$29,115,000 above fiscal year 2012 and the same as the request. 

Funding profiles.—Significant peaks and valleys in projected 

MREFC spending make it difficult for NSF and the Committee to 

anticipate and accommodate critical funding needs over time. The 

Committee encourages NSF to continue managing the transition of 

projects in and out of the MREFC account, as well as their phasing 

while under construction, to maintain a relatively steady overall 

account profile from year to year. 

Project contingency funding.—NSF has been engaged in a 

lengthy discussion process with the NSF OIG to resolve an ongoing 

dispute about project contingency budgets. Tens of millions of dollars of potentially unallowable contingency costs hinge on the resolution of this dispute, and the Committee believes that it is taking 

too long for a consensus resolution to be reached. NSF is directed 

to provide the Committees on Appropriations with an immediate 

update on the status of efforts to resolve these issues and to provide quarterly updates thereafter until such time that NSF and the 

OIG reach an agreement. 

EDUCATION AND HUMAN RESOURCES

The Committee recommends $875,610,000 for Education and 

Human Resources (EHR), which is $46,610,000 above fiscal year 

2012 and the same as the request. 

Program changes.—The recommendation incorporates NSF’s proposed program reductions in the EHR account. The reallocation of 

funds from these reduced programs, combined with additional new 

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cation research, workforce development and short-term, goal-oriented education partnerships, such as a new joint NSF-Department 

of Education initiative in K–16 math education. 

Broadening participation programs.—The Committee recognizes 

the importance of ensuring that there is a strong pipeline of students and workers preparing to pursue STEM-related careers. The 

current pipeline, however, fails to take full advantage of the potential of substantial portions of the population, including women and 

minorities. To broaden the participation of underrepresented populations in STEM education programs and, ultimately, the STEM 

workforce, the Committee has provided the requested level for the 

Historically Black Colleges and Universities Undergraduate Program, the Louis Stokes Alliance for Minority Participation and the 

Tribal Colleges and Universities Program. 

The Committee has previously asked NSF to consider the concept 

of creating a program within EHR to focus on Hispanic Serving Institutions (HSIs). NSF shall provide to the Committees on Appropriations a report outlining how the needs of HSIs will be addressed in fiscal year 2013 and any plans to establish an HSI-focused program in fiscal year 2014. This report shall be submitted 

no later than 120 days after the enactment of this Act. 

Advanced Technological Education (ATE).—The Committee 

heard testimony this year from a number of manufacturing industry representatives as well as government witnesses about critical 

shortages in technical workers coming out of the American vocational education system. However, despite unanimity on this concern and a focus on manufacturing-related programs in the budget, 

the NSF request proposes no additional resources for ATE, the 

agency’s major technical education initiative. The Committee has 

addressed this oversight by providing ATE with $69,000,000, an increase of $5,000,000 above both the budget request and the fiscal 

year 2012 level. This increase is offset by a corresponding reduction 

of $5,000,000 from the requested amount for the Graduate Research Fellowship program, which has grown significantly over the 

past several fiscal years and is still projected to receive a total increase of $39,840,000 in the Committee recommendation. 

Best practices in K–12 STEM education.—NSF shall continue 

working to develop and carry out a tracking and evaluation methodology to assess the implementation of the recommendations contained in the NRC’s 2011 report entitled Successful K–12 STEM 

Education: Identifying Effective Approaches in Science, Technology, 

Engineering and Mathematics. This work should expand on efforts 

begun using funds provided in fiscal year 2012. 

STEM-focused K–12 schools.—The Committee notes that recent 

reports of the NRC and the NSB have encouraged education researchers and policymakers to give increased consideration to 

STEM-focused K–12 schools as an effective means of increasing 

STEM literacy. With those reports in mind, the Committee encourages NSF to work within its existing programs to promote opportunities for collaboration between universities or non-profit research 

institutions and STEM-focused schools serving K–12 students. 

Informal STEM education.—The Committee believes that exposure to STEM concepts outside of a traditional school setting plays 

a valuable role in promoting STEM literacy and engagement. NSF 

has proposed a number of changes to its Advancing Informal STEM 


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Learning program that are intended to increase its focus on innovative learning and engagement strategies, especially as these 

strategies relate to underrepresented groups, and the Committee 

accepts these changes. The Committee encourages NSF to work 

with the informal STEM education stakeholder community as it 

transitions the program to ensure that sufficient opportunities 

exist for worthy proposals to compete for funding, including those 

that implement public engagement and non-school programs. Such 

proposals could use a broad range of communication formats and 

experiences, such as mobile and broadcast media, virtual learning 

environments, exhibitions, TV, radio, films, science festivals, and 

citizen science programs. 

AGENCY OPERATIONS AND AWARD MANAGEMENT

The Committee recommends $299,400,000 for Agency Operations 

and Award Management, which is the same as fiscal year 2012 and 

the request. 

Contracting.—The Committee supports NSF’s efforts to improve 

its acquisitions practices. GAO is currently conducting a comprehensive review of those practices and other associated issues, 

and the Committee expects NSF to continue facilitating that review 

and providing GAO with access to all relevant information. 

Program evaluation and impact.—The Committee believes that 

NSF and other Federal science agencies need to do a better job of 

systematically documenting the impact of research activities on the 

economy and the achievement of scientific and societal goals. The 

Committee supports efforts to create, test and implement an empirical system to accomplish this and encourages NSF to continue pursuing these efforts in fiscal year 2013. 

NSF headquarters.—The recommendation includes $3,390,000, 

as requested, for expenses associated with the expiration of NSF’s 

current headquarters lease. NSF shall immediately notify the Committees on Appropriations if events indicate that these funds will 

be insufficient to accommodate actual costs. The Committee also directs NSF to continue working with the General Services Administration to ensure that any new lease agreement does not result in 

an undue burden on NSF employees. 

Grants management.—The Committee is concerned that NSF is 

not devoting sufficient resources to grants management functions 

needed to ensure that Federal funds are being efficiently and effectively spent. Due to a mismatch between the rates of growth in 

NSF’s grant making budget and its grants management budget, 

site visits and other oversight activities have decreased while questioned costs and other potential indicators of problems have increased. 

In response to an OIG report looking at how NSF was addressing 

these challenges, NSF indicated that it will use its annual workforce planning process to assess opportunities for streamlining procedures, applying risk-based management principles and utilizing 

other possible tools for strengthening oversight while continuing to 

operate within a constrained budget environment. NSF shall report 

to the Committees on Appropriations on the outcome of that workforce planning process, including a description of the options considered and adopted, as well as their expected impact. The report 


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should be submitted no later than 60 days after the completion of 

the planning process. 

Cross-Foundation activities.—The Committee supports NSF’s efforts to craft cross-Foundation initiatives that leverage the resources and capabilities of multiple research divisions and overcome disciplinary stovepipes. However, the Committee has noted 

some confusion both in the Congress and the academic community 

about how these cross-Foundation activities, such as OneNSF initiatives, are being administered. For example, there seems to be no 

predictable standard for when such an initiative will be administered by a consolidated solicitation; whether entities such as Federally Funded Research and Development Centers are eligible applicants; and whether the amount of funding contributed to an initiative by a research division will correspond to the amount of grant 

activity ultimately funded in that division’s jurisdiction. The Committee encourages NSF to promulgate some clear standards and 

guidance on administrative issues surrounding these cross-Foundation activities and to share them broadly with interested stakeholders. 

OFFICE OF THE NATIONAL SCIENCE BOARD

The Committee recommends $4,440,000 for the National Science 

Board, which is the same as fiscal year 2012 and the request. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $14,200,000 for the OIG, which is 

the same as fiscal year 2012 and the request. 

ADMINISTRATIVE PROVISION

The bill includes a provision that establishes thresholds for the 

transfer of funds. 

TITLE IV 

RELATED AGENCIES 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $9,193,000 for the Commission on 

Civil Rights, which is the same as fiscal year 2012 and $207,000 

below the request. 

The Committee recommends language, as included in previous 

years, which provides: a limitation of four full-time positions under 

schedule C of the Excepted Service, exclusive of one special assistant for each Commissioner; and a prohibition against reimbursing 

Commissioners for more than 75 billable days, with the exception 

of the chairperson, who is permitted 125 billable days. The Committee also recommends language, first included in fiscal year 

2012, providing for an inspector general for the Commission. The 

bill specifies that the Inspector General (IG) of the Government Accountability Office (GAO) shall also serve as the IG of the Commission. The Committee recommends a $250,000 transfer from the 


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Commission to the GAO IG to carry out this function, which is the 

same as fiscal year 2012 and the request. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

The Committee recommends $366,568,000 for the Equal Employ- ment Opportunity Commission (EEOC), which is $6,568,000 above 

fiscal year 2012 and $7,143,000 below the request. The recommendation includes language making up to $29,500,000 available for payments to State and local enforcement agencies. 

Backlog reduction.—The Committee is pleased with EEOC’s 

progress in reducing the backlog of private sector charges. The 

Committee expects the EEOC to continue to prioritize inventory reduction and to examine new ways to address the backlog and increase productivity. EEOC shall keep the Committee informed 

about its progress in reducing the backlog. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

The Committee recommends $83,000,000 for the International 

Trade Commission (ITC), which is $3,000,000 above fiscal year 

2012 and $200,000 above the request. 

Internal controls.—The Committee is pleased with ITC’s progress 

in addressing internal control issues. However, ITC must continue 

to take aggressive action to address its remaining shortcomings. 

The Committee directs ITC to submit a status report on the actions 

it has taken to address internal control deficiencies no later than 

120 days after enactment of this Act. 

Cybersecurity.—The ITC handles sensitive and proprietary data 

and therefore is a potential target for cyber attacks. The recommendation is $200,000 above the request, and the Committee 

expects these funds to be used to improve ITC’s cybersecurity posture. The Committee also encourages ITC to work with other relevant Federal agencies to inform its actions. As part of the cybersecurity report required by the front matter of this report, ITC 

should detail how it plans to use these additional funds. 

New courtroom.—In 2011, ITC began the process for construction 

of a new courtroom to handle large increases in the number of intellectual property cases. The Committee understands that construction was originally scheduled to begin in September 2011, but 

instead began in April 2012. ITC shall keep the Committee informed of progress in the construction and of any additional delays. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

The Committee recommends $328,000,000 for the Legal Services 

Corporation (LSC), which is $20,000,000 below fiscal year 2012 and 

$74,000,000 below the request. 

Pro bono legal services.—Obtaining more services at no or low 

cost through private attorney involvement is one means for LSC to 

increase legal aid services. The Committee is pleased that LSC 

launched a pro bono task force in 2011, and urges the LSC to imVerDate Mar 15 2010 01:23 May 03, 2012 Jkt 073989 PO 00000 Frm 00082 Fmt 6659 Sfmt 6602 E:\HR\OC\HR463.XXX HR463

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plement the recommendations of this task force as it continues to 

work with LSC-funded programs to adopt measures aimed at increasing the involvement of private attorneys in the delivery of 

legal services to its clients. 

ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION

The bill continues restrictions on the uses of LSC funding. None 

of the funds appropriated in this Act to the LSC shall be expended 

for any purpose prohibited or limited by, or contrary to any of the 

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

Law 105–119, and all funds appropriated in this Act to the LSC 

shall be subject to the same terms and conditions set forth in such 

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

and 1998 shall be deemed to refer instead to 2012 and 2013, respectively. 

Unauthorized uses of funds.—The Committee remains concerned 

about LSC grantees’ use of funds for unauthorized activities. Because LSC routinely testifies that it lacks funds to serve all of the 

many low income Americans in need of civil legal assistance, it is 

critical that LSC grantees not squander funds on political activism 

or other unauthorized activities. Grantee actions violating the letter—or the spirit—of LSC statutes undermine support for LSC 

funding. The Committee continues to hear about such cases and 

will refer them to the LSC IG and LSC management, as appropriate. The Committee expects LSC to examine such matters and 

report back to the Committee. The Committee again encourages 

the LSC Inspector General to conduct annual audits of LSC grantees to ensure that funds are not being used in contravention of 

funding restrictions, and again recommends the removal of funds 

from any LSC grantee found engaging in political or other unauthorized activities. The Committee also directs LSC to report, not 

later than 120 days after enactment of this Act, on the proactive 

steps it takes to ensure grantees do not engage in political activism 

or other unauthorized activities. 

Allocation of basic field grants.—The bill includes language making a technical change to the allocation formula for basic field 

grants. The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (Public Law 

104–134) required that the allocation for grantees in each geographic area be based on poverty statistics from the ‘‘most recent 

decennial census.’’ The Census Bureau has since stopped collecting 

poverty data in the decennial census and instead collects those 

data in the American Community Survey (ACS). The recommended 

language alters the formula to reflect this shift. Since ACS data are 

released more frequently, the language allows reallocation of funding every three years. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

The Committee recommends $3,025,000 for the Marine Mammal 

Commission, which is the same as fiscal year 2012 and $56,000 

below the request. 


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

The Committee recommends $51,251,000 for the Office of the 

U.S. Trade Representative (USTR), which is the same as fiscal year 

2012 and $1,790,000 below the request. 

Quarterly staffing reports.—The Committee directs the USTR to 

provide quarterly reports to the Committee, not later than 30 days 

after the end of each quarter, on projected and actual staffing at 

USTR, to include detail on the number of full time equivalents by 

program initiative as well as on the number of critical vacancies. 

These reports should also provide an assessment of current staffing 

in China with respect to enforcement needs. The first such report 

shall be submitted no later than January 30, 2013. 

China.—The Committee expects that USTR will coordinate and 

implement a comprehensive and robust strategy to address the 

trade imbalance with China. Within the amounts provided, the 

USTR is encouraged to hire sufficient staff who can translate trade 

documents that USTR receives from China. The Committee believes that USTR should have its own translators on staff given the 

challenges associated with enforcing existing U.S. trade laws with 

China. 

Interagency Trade Enforcement Center (ITEC).—Within the 

amounts provided, the Committee includes funds for the ITEC established during fiscal year 2012. The Committee supports the goal 

of more rigorous trade enforcement, but has concerns about the implementation of ITEC. The Committee believes the ITEC proposal 

was poorly developed and justified, especially given USTR’s existing mandate to coordinate trade efforts—including trade enforcement—across the government. The Committee directs USTR to continue to submit detailed budget information on a monthly basis detailing the execution of ITEC funding. In addition, the Committee 

directs USTR to report no later than 180 days after enactment of 

this Act on performance goals, timeframes for achieving these 

goals, as well as a discussion of how USTR intends to support 

ITEC in the future. The Committee also directs USTR to include 

in its quarterly staffing reports details of ITEC projected and actual staffing, including details on USTR and International Trade 

Administration assignees and on detailees from other agencies. 

Non-tariff barriers.—In August 2011, the Chinese Ministry of 

Commerce finalized new rules restricting foreign investment in sectors it deems critical to national security. The Committee shares 

USTR’s concerns about ambiguity in this regulation, which does 

not actually define ‘‘national security.’’ The Committee fears this 

regulation could be used by China’s central planners as a tool to 

limit U.S. investment in China. The Committee is also concerned 

that subsidies provided to Chinese industry may be in violation of 

World Trade Organization (WTO) agreements. The Committee is 

pleased USTR has engaged with China regarding these subsidies 

and encourages USTR to continue investigation and, as appropriate, pursuit of cases at the WTO. The Committee directs USTR 

to report no later than 120 days after enactment of this Act regarding the steps it has taken to address these matters. 

Report on China’s WTO compliance.—The Committee directs 

USTR to include conclusions and recommendations in the report 


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required under section 421 of the U.S.-China Relations Act of 2000 

(Public Law 106–286) beginning in the 2012 report and each year 

thereafter. 

Free trade agreements.—The Committee welcomes the passage 

into law of the long-pending free trade agreements with South 

Korea, Colombia, and Panama. The Committee is encouraged by 

the work being done on the Trans Pacific Partnership (TPP) and 

directs the USTR to complete the TPP in an expeditious manner 

so that it may be submitted to Congress for ratification. The Committee further directs the USTR to continue to pursue free trade 

agreements with additional countries and trading blocs to continue 

advancing trade to and from the United States. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

The Committee recommends $5,121,000 for the State Justice Institute, which is the same as fiscal year 2012 and the request. 

TITLE V 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS)

Section 501 prohibits the use of funds for publicity or propaganda 

purposes unless expressly authorized by law. 

Section 502 prohibits any appropriation contained in this Act 

from remaining available for obligation beyond the current fiscal 

year unless expressly authorized. 

Section 503 provides that the expenditure of any appropriation 

contained in the Act for any consulting service through procurement contracts shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law or 

under existing Executive Order issued pursuant to existing law. 

Section 504 provides that if any provision of this Act or the application of such provision to any person or circumstance shall be held 

invalid, the remainder of the Act and the application of other provisions shall not be affected. 

Section 505 prohibits a reprogramming of funds that: (1) creates 

or initiates a new program, project or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any 

means for any project or activity for which funds have been denied 

or restricted; (4) relocates offices or employees; (5) reorganizes or 

renames offices, programs or activities; (6) contracts out or 

privatizes any function or activity presently performed by Federal 

employees; (7) augments funds for existing programs, projects or 

activities in excess of $500,000 or 10 percent, whichever is less, or 

reduces by 10 percent funding for any program, project, or activity, 

or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, 

which would result in a change in existing programs, activities, or 

projects as approved by Congress, unless the House and Senate 

Committees on Appropriations are notified 15 days in advance of 

such reprogramming of funds. 


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Section 506 provides that if it is determined that any person intentionally affixes a ‘‘Made in America’’ label to any product that 

was not made in America that person shall not be eligible to receive any contract or subcontract made with funds made available 

in this Act. The section further provides that to the extent practicable, with respect to purchases of promotional items, funds made 

available under this Act shall be used to purchase items manufactured, produced or assembled in the United States or its territories 

or possessions. 

Section 507 requires quarterly reporting to Congress on the status of balances of appropriations. 

Section 508 provides that any costs incurred by a department or 

agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions in the Act 

shall be absorbed with the budgetary resources available to the department or agency, and provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures. 

Section 509 prohibits funds made available in this Act from being 

used to promote the sale or export of tobacco or tobacco products 

or to seek the reduction or removal of foreign restrictions on the 

marketing of tobacco products, except for restrictions which are not 

applied equally to all tobacco or tobacco products of the same type. 

This provision is not intended to impact routine international trade 

services to all U.S. citizens, including the processing of applications 

to establish foreign trade zones. 

Section 510 delays the obligation of any receipts deposited into the Crime Victims Fund in excess of $720,000,000 until October 1, 

2013. This represents an increase of $15,000,000 above the fiscal 

year 2012 level of obligations. This language is continued to ensure 

that a stable source of funds will remain available for the program, 

despite inconsistent levels of criminal fines deposited annually into 

the Fund. 

Section 511 prohibits the use of Department of Justice funds for 

programs that discriminate against or denigrate the religious or 

moral beliefs of students participating in such programs. 

Section 512 prohibits the transfer of funds in the Act to any department, agency or instrumentality of the United States Government, except for transfers made by, or pursuant to authorities provided in, this Act or any other appropriations Act. 

Section 513 provides that funds provided for E-Government Initiatives shall be subject to the procedures set forth in section 505 

of this Act. 

Section 514 permanently requires the Bureau of Alcohol, Tobacco, Firearms and Explosives to include specific language in any 

release of tracing study data that makes clear that trace data cannot be used to draw broad conclusions about firearms-related 

crimes. 

Section 515 requires certain timetables and procedures for specified audits performed by inspectors general of the departments and 

agencies funded in this Act and sets limits and restrictions on the 

awarding and use of grants or contracts funded by amounts appropriated by this Act. 

Section 516 prohibits funds for information technology acquisitions unless the acquiring department or agency has assessed the 


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risk of cyber-espionage or sabotage. Each department or agency 

covered under section 516 shall submit a quarterly report to the 

Committees on Appropriations describing assessments made pursuant to this section and any associated findings or determinations 

of risk. Any acquisition of information technology produced by entities that are owned, directed or subsidized by the People’s Republic 

of China must be preceded by a determination that the acquisition 

is in the national interest. 

Section 517 prohibits the use of funds in this Act to support or 

justify the use of torture by any official or contract employee of the 

United States Government. 

Section 518 permanently prohibits the use of funds to require 

certain export licenses. 

Section 519 permanently prohibits the use of funds to deny certain import applications regarding ‘‘curios or relics’’ firearms, parts, 

or ammunition. 

Section 520 prohibits the use of funds to include certain language 

in trade agreements. 

Section 521 prohibits the use of funds in this Act to authorize or 

issue a National Security Letter (NSL) in contravention of certain 

laws authorizing the Federal Bureau of Investigation to issue 

NSLs. 

Section 522 requires congressional notification regarding any 

project within the Departments of Commerce or Justice, or the National Science Foundation and the National Aeronautics and Space 

Administration totaling more than $75,000,000 that has cost increases of at least 10 percent. 

Section 523 deems funds for intelligence or intelligence related 

activities as authorized by Congress during fiscal year 2013 until 

the enactment of the Intelligence Authorization Act for fiscal year 

2013. 

Section 524 requires the departments and agencies funded in 

this Act to establish and maintain on the homepages of their Internet websites direct links to the websites of their Offices of Inspector General, and a mechanism by which individuals may anonymously report cases of waste, fraud or abuse. 

Section 525 prohibits contracts or grant awards in excess of $5,000,000 unless the prospective contractor or grantee certifies 

that the organization has filed Federal tax returns, has not been 

convicted of a criminal offense under the Internal Revenue Code of 

1986, and has no unpaid Federal tax assessment, except in specified circumstances. 

(RESCISSIONS)

Section 526 provides for rescissions of unobligated balances in 

the Department of Justice. The rescission of $64,700,000 from the 

Federal Prison System, Buildings and Facilities account rescinds 

all remaining balances associated with the ‘‘Acquire Existing Institution for Higher Security FSI’’ project. 

Section 527 prohibits the use of funds in this Act for the purchase of first class or premium air travel. 

Section 528 prohibits the use of funds to pay for the attendance 

of more than 50 department or agency employees at any single conference outside the United States, unless the conference is a law 

enforcement training or operational event where the majority of 


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Federal attendees are law enforcement personnel stationed outside 

the United States. 

Section 529 prohibits the use of funds in this or any other Act 

for the transfer or release of certain individuals detained at United 

States Naval Station, Guantanamo Bay, Cuba, to or within the 

United States, its territories or possessions. 

Section 530 prohibits the use of funds in this or any other Act 

to construct, acquire or modify any facility in the United States, its 

territories, or possessions to house certain individuals who, as of 

June 24, 2009, were located at United States Naval Station, Guantanamo Bay, Cuba for the purposes of detention or imprisonment 

in the custody or control of the Department of Defense. 

Section 531 prohibits the distribution of funds contained in this 

Act to the Association of Community Organizations for Reform Now 

or its subsidiaries. 

Section 532 requires, when practicable, the use of funds in this 

Act to purchase light bulbs that have the ‘‘Energy Star’’ or ‘‘Federal 

Energy Management Program’’ designation. 

Section 533 requires tracking and reporting of undisbursed balances in expired grant accounts. 

Section 534 prohibits the use of funds by the National Aeronautics and Space Administration (NASA) or the Office of Science 

and Technology Policy (OSTP) to engage in bilateral activities with 

China or a Chinese-owned company unless the activities are authorized by subsequent legislation or NASA or OSTP have made a 

certification pursuant to subsections (c) and (d) of this section. 

Section 535 specifies reporting requirements for certain conferences held by any department, agency, board or commission 

funded by this Act. 

Section 536 prohibits funds made available by this Act from 

being used to deny the importation of shotgun models if no application for the importation of such models, in the same configuration, 

had been denied prior to January 1, 2011, on the basis that the 

shotgun was not particularly suitable for or readily adaptable to 

sporting purposes. 

Section 537 prohibits the use of funds to establish or maintain 

a computer network that does not block pornography, except for 

law enforcement purposes. 

Section 538 prohibits funds made available by this Act from 

being used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a loan 

or loan guarantee to, any corporation that was convicted of a felony 

criminal violation under any Federal law within the preceding 24 

months. 

Section 539 prohibits funds made available by this Act from 

being used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a loan 

or loan guarantee to, any corporation that has any unpaid Federal 

tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and 

that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 

Section 540 prohibits funds in this Act from being used to implement, administer, or enforce Equal Employment Opportunity Commission regulations on ‘‘Disparate Impact and Reasonable Factors 


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Other Than Age Under the Age Discrimination in Employment 

Act’’. 

SPENDING REDUCTION ACCOUNT

Section 541 establishes a Spending Reduction Account, as required by clause 2(j) of rule XXI of the Rules of the House of Representatives. 

HOUSE OF REPRESENTATIVES REPORTING REQUIREMENTS

The following materials are submitted in accordance with various 

requirements of the Rules of the House of Representatives: 

FULL COMMITTEE VOTE


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STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives, in developing funding recommendations. 

RESCISSION OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following table is submitted describing the 

rescissions recommended in the accompanying bill: 

DOJ, Working Capital Fund .............................................................. $26,000,000 

DOJ, Assets Forfeiture Fund ............................................................ 675,000,000 

ATF, Violent Crime Reduction Program .......................................... 1,028,000 

FPS, Buildings and facilities ............................................................. 64,700,000 

Violence Against Women Prevention and Prosecution Programs .. 12,000,000 

Office of Justice Programs ................................................................. 43,000,000 

Community Oriented Policing Services ............................................ 12,200,000 

TRANSFERS OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following is submitted describing the transfers of funds provided in the accompanying bill: 

In title I, under U.S. Patent and Trademark Office, Salaries and 

Expenses, language is included to transfer funds to the Civil Service Retirement and Disability Fund, the Federal Employees Health 

Benefit Fund, and the Federal Employees Group Life Insurance 

Fund. 

Under National Oceanic and Atmospheric Administration, Operations, Research, and Facilities, language is included to transfer 

funds from the Promote and Develop Fishery Products and Research Pertaining to American Fisheries fund. 

In title II, under General Administration, Administrative Review 

and Appeals, language is included to transfer funds to the Executive Office for Immigration Review from fees deposited in the Immigration Examinations Fee account. 

Under United States Marshals Service, Federal Prisoner Detention, language is included transferring available unobligated balances from General Administration, Detention Trustee to this new 

account. 

Under Federal Prison System, Salaries and Expenses, language 

is included to allow the transfer of funds to the Health Resources 

and Services Administration. 

In title IV, under Commission on Civil Rights, Salaries and Expenses, language is included to transfer funds to the Office of Inspector General of the Government Accountability Office. 

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED

SPENDING ITEMS

Neither the bill nor the report contains any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9 of rule XXI of the Rules of the House of Representatives. 


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COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE) 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SECTION 105 OF THE COMMERCE, JUSTICE, SCIENCE, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 

SEC. 105. (a) * * * 

* * * * * * * 

(f) NOAA shall complete an analysis initiated under øparagraph 

(2)¿ subsection (e)(2) not later than 6 months after the Under Secretary makes a determination under øthis subsection¿ subsection 

(e). The Under Secretary shall transmit the analysis to the appropriate congressional committees not later than 30 days after its 

completion. 

* * * * * * * 

SECTION 1105 OF THE NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION AUTHORIZATION ACT OF 2010 

SEC. 1105. WORKFORCE STABILIZATION AND CRITICAL SKILLS PRESERVATION. 

Prior to receipt by the Congress of the study, recommendations, 

and implementation strategy developed pursuant to section 1103, 

none of the funds authorized for use under this Act may be used 

to transfer the functions, missions, or activities, and associated 

civil service and contractor positions, from any NASA facility without authorization by the Congress to implement the proposed strategy. The Administrator shall preserve the critical skills and competencies in place at NASA centers prior to enactment of this Act 

in order to facilitate timely implementation of the requirements of 

this Act and to minimize disruption to the workforce. øThe Administrator may not implement any reduction-in-force or other involuntary separations of permanent, non-Senior-Executive-Service, civil 

servant employees before September 30, 2013, except for cause on 

charges of misconduct, delinquency, or inefficiency.¿ 

* * * * * * * 

SECTION 30102 OF TITLE 51, UNITED STATES CODE 

§ 30102. Working capital fund 

(a) * * * 

* * * * * * * 

(c) CONTENTS.—The capital of the fund consists of— 

(1) * * * 

(2) the reasonable value of stocks of supplies, equipment, and 

other assets and inventories on order that the Administrator 

transfers to the fund, less the related liabilities and unpaid obligations; øand¿ 


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(3) payments received for loss or damage to property of the 

fundø.¿; and 

(4) refunds or rebates received on an on-going basis from a 

credit card services provider under the National Aeronautics 

and Space Administration’s credit card programs. 

* * * * * * * 

SECTION 501 OF THE DEPARTMENTS OF COMMERCE, 

JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 1996 

ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION 

SEC. 501. (a) Funds appropriated under this Act to the Legal 

Services Corporation for basic field programs shall be distributed 

as follows: 

(1) * * * 

(2) Funds for grants from the Corporation, and contracts entered into by the Corporation for basic field programs, shall be 

allocated so as to provide— 

(A) except as provided in subparagraph (B), an equal figure per individual in poverty for all geographic areas, as 

determined øon the basis of the most recent decennial census of population conducted pursuant to section 141 of title 

13, United States Code¿ triennially by the Bureau of the 

Census (or, in the case of the Republic of Palau, the Federated States of Micronesia, the Republic of the Marshall 

Islands, Alaska, Hawaii, and the United States Virgin Islands, on the basis of the adjusted population counts historically used as the basis for such determinations); and 

* * * * * * * 

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the 

House of Representatives, the following statements are submitted 

describing the effect of provisions in the accompanying bill which 

directly or indirectly change the application of existing law: 

Language is included for a number of accounts which places limitations on representation and reception allowances in order to reduce the amount of money that would otherwise be spent on these 

activities. The bill also provides that a number of appropriations 

shall remain available for obligation beyond the current fiscal year. 

While these provisions are not specifically authorized for all of the 

items, it is deemed desirable to include such language for certain 

programs in order to provide for orderly administration and effective use of funds. 

In title I, Department of Commerce, under International Trade 

Administration, Operations and Administration, language is included providing that funds may be used for engaging in trade promotion activities abroad, including expenses of grants and cooperative agreements for the purposes of promoting exports of U.S. 

firms. Language is also provided allowing for full medical coverage 

for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel 


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and transportation of employees of the International Trade Administration; employment of Americans and aliens by contract for services; rental of space abroad and expenses of alteration, repair, or 

improvement; purchase or construction of temporary demountable 

exhibition structures for use abroad; and payment of tort claims. In 

addition, language is included regarding official representation expenses abroad, purchase of passenger motor vehicles for official use 

abroad, obtaining insurance on official motor vehicles, and rental 

of tie lines. Language is also recommended deriving a portion of 

available funds from fees. Furthermore, language is included designating funding for China antidumping and countervailing duty enforcement and compliance activities. Moreover, language is included providing for two-year availability of funds. Finally, language is included regarding the contribution to the Mutual Educational and Culture Exchange Act of 1961 to include payment for 

assessment. 

Under Bureau of Industry and Security, Operations and Administration, the language provides for no-year availability of funds. 

Language is included regarding the costs associated with the performance of export administration field activities both domestically 

and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of 

Americans and aliens by contract for services abroad; payment of 

tort claims; official representation expenses abroad; awards of compensation to informers; and purchase of passenger motor vehicles 

for official use and motor vehicles for law enforcement use without 

regard to any price limitation established by law. In addition, language is included regarding the Mutual Educational and Cultural 

Exchange Act of 1961. Finally, language is recommended providing 

that payments and contributions collected and accepted for materials or services may be retained for use in covering the cost of 

those activities and other communications. 

Under Economic Development Administration, Economic Development Assistance Programs, the language provides for no-year 

availability of funds. Language is also included specifying amounts 

for certain grants and loan guarantees. In addition, language is included providing that the cost of modifying certain loan guarantees 

be as defined in section 502 of the Congressional Budget Act of 

1974. Finally, the account includes language limiting funds available to subsidize total loan principal. 

Also, under Salaries and Expenses, language is included regarding the monitoring of approved projects. 

Under Minority Business Development Agency, Minority Business Development, language is included making funds available for 

fostering, promoting, and developing minority business enterprises, 

including expenses of grants, contracts and other agreements. 

Under Economic and Statistical Analysis, Salaries and Expenses, 

language is included providing for two-year availability of funds. 

Under Bureau of the Census, Salaries and Expenses, language is 

included providing that funds may be used for collecting, compiling, 

analyzing, preparing and publishing statistics and for promotion, 

outreach and marketing activities. 

Also, under Periodic Censuses and Programs, language is included providing two-year availability of funds. Language is also 

included providing that funds may be used for collecting, compiling, 


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analyzing, preparing and publishing statistics and for promotion, 

outreach and marketing activities. 

Under National Telecommunications and Information Administration, Salaries and Expenses, language is included providing for 

two-year availability of funds. Language is also included permitting 

the Secretary of Commerce to charge Federal agencies for costs in 

spectrum management, analysis, operations, and related services; 

and to use such collections in telecommunications research. The 

language also allows the Secretary to retain and use as offsetting 

collections all funds transferred, or previously transferred for telecommunications research, engineering and activities by the Institute for Telecommunication Sciences of NTIA. Finally, language is 

included providing that funds so transferred shall remain available 

until expended. 

Also, under Public Telecommunications Facilities, Planning and 

Construction, language is included allowing recoveries and unobligated balances of funds previously appropriated to be available for 

the administration of all open grants until their expiration. 

Under Patent and Trademark Office, Salaries and Expenses, language is included providing that appropriated funds be reduced as 

offsetting collections are assessed and collected. The language also 

provides that funds received in excess of appropriations be deposited in a Patent and Trademark Fee Reserve fund, to be available 

until expended pursuant to the Director submitting a spending 

plan subject to section 505 of this Act. In addition, language is included limiting representation expenses. Language is also included 

regarding basic pay and certain retirement benefits. Additional language is included regarding USPTO’s financial statements. Furthermore, language is included providing that fees and surcharges 

charged are available to USPTO pursuant to section 42(c) of title 

35, United States Code. Finally, the language provides that an 

amount be transferred to the Inspector General. 

Under National Institute of Standards and Technology, Scientific 

and Technical Research and Services, language is included providing for no-year availability of funds. In addition, language is included allowing transfers to the working capital fund. Finally, language is included limiting funds for official reception and representation expenses. 

Also, under Industrial Technology Services, language is included 

providing no-year availability of funds. The language also designates an amount for the Manufacturing Extension Partnership 

and for the Advanced Manufacturing Technology Consortia. 

In addition, under Construction of Research Facilities, language 

is included providing for no-year availability of funds. Language is 

also included regarding the submission of certain materials in support of construction budget requests. 

Under National Oceanic and Atmospheric Administration, Operations, Research, and Facilities, language is included allowing for 

two-year availability for funds, expect for cooperative enforcement 

funds, which are available for three years. Language is also included allowing maintenance, operation, and hire of aircraft and 

vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities. Language is included 

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tained and used for expenses related to certain activities. In addition, language is included that provides that certain funds be derived from various sources. Furthermore, language is included limiting the amount of funds that can be provided for corporate services administrative support. Moreover, language is included specifying that deviations from amounts included in the report accompanying the Act shall be subject to section 505 of this Act. Finally, 

language is included providing for retired pay expenses. 

Also, under Procurement, Acquisition and Construction, language 

is included providing for three-year availability for funds, except 

for construction funds, which are available until expended. Language is also included providing that certain funds be derived from 

various sources. In addition, language is included specifying that 

deviations from amounts included in the report accompanying the 

Act shall be subject to section 505 of this Act. Finally, language is 

included regarding the submission of certain materials in support 

of construction budget requests. 

In addition, under Pacific Coastal Salmon Recovery, language is 

included providing for two-year availability of funds. Language is 

also included allowing the Secretary of Commerce to issue grants 

to specific States and Federally-recognized tribes for conservation 

projects for listed endangered or threatened salmon and steelhead 

populations, populations at risk to be so listed, and for maintaining 

populations necessary for the exercise of tribal treaty fishing 

rights, and for conservation of Pacific coastal salmon and steelhead 

habitat, to be allocated under scientific and merit principles and 

not available for marketing activities; and requiring a State match. 

Furthermore, under Fishermen’s Contingency Fund, language is 

included providing for the appropriation of funds to be derived from 

receipts collected pursuant to title IV of Public Law 95–372. 

Moreover, under Fisheries Finance Program Account, language is 

included placing limitations on individual fishing quota loans and 

traditional direct loans. Language is also included that prohibits direct loans for any new fishing vessel that will increase the harvesting capacity in any U.S. fishery. 

Under Departmental Management, Salaries and Expenses, language is included limiting funds for official reception and representation expenses. In addition, language is included continuing a task 

force on job repatriation and manufacturing growth. 

Under Department of Commerce, General Provisions, the following general provisions that fall within the rule are recommended: 

Section 101 makes funds available for advanced payments only 

upon certification of officials, designated by the Secretary, that 

such payments are considered to be in the public interest. 

Section 102 makes appropriations for the Department for Salaries and Expenses available for hire of passenger motor vehicles, 

for services, and for uniforms and allowances therefor as authorized by law. 

Section 103 provides the authority to transfer funds between Department of Commerce appropriation accounts and requires notification to the Committee of certain actions. 

Section 104 provides that any costs incurred by the Department 

in response to funding reductions shall be absorbed within the total 


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budgetary resources available to the Department and shall be subject to the reprogramming limitations set forth in this Act. 

Section 105 extends Congressional notification requirements for 

NOAA satellite programs. 

Section 106 provides for reimbursement for services within Department of Commerce buildings. 

Section 107 clarifies that grant recipients under the Department 

of Commerce may continue to deter child pornography, copyright 

infringement, or any other unlawful activity over their networks. 

Section 108 provides the Administrator with the authority to 

avail NOAA of needed resources, with the consent of those supplying the resources, to carry out responsibilities of any statute administered by NOAA. 

Section 109 specifies certain reporting requirements. 

In title II, Department of Justice, under General Administration, 

Salaries and Expenses, language is included providing for an 

amount for security and construction of Department of Justice facilities remain available until expended. 

Also, under Justice Information Sharing Technology, language is 

included providing that funds be available until expended. 

In addition, under Administrative Review and Appeals, language 

is included providing that an amount shall be derived by transfer 

from the Executive Office for Immigration Review fees deposited in 

the ‘‘Immigration Examinations Fee’’ account. 

Moreover, under Office of Inspector General, language is included providing for not to exceed $10,000 to meet unforeseen 

emergencies of a confidential character. 

Under Legal Activities, Salaries and Expenses, General Legal Activities, language is included providing not to exceed $20,000 for 

expenses of collecting evidence, to be expended under the direction 

of, and to be accounted for solely under the certificate of, the Attorney General. Language is also included providing for rental of 

space in the District of Columbia. Language is included making an 

amount available until expended for litigation support contracts. In 

addition, language is included limiting the amount of funds for official representation and reception expenses available to INTERPOL 

Washington. Furthermore, language is included allowing, upon a 

determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the 

Civil Division, the Attorney General to transfer funds to this account from available appropriations for the current fiscal year for 

the Department of Justice, as may be necessary to respond to such 

circumstances. Moreover, language is included providing funds to 

reimburse the Office of Personnel Management for expenses associated with the election monitoring program and providing for extended availability. Finally, language is included for expenses associated with processing cases under the National Childhood Vaccine 

Injury Act of 1986. 

Also, under Salaries and Expenses, Antitrust Division, language 

is included providing for no-year availability of funds. The language also provides that fees collected for premerger notification 

filings, regardless of the year of collection, shall be retained and 

used for necessary expenses in this appropriation, and shall remain 

available until expended. 


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In addition, under Salaries and Expenses, United States Attorneys, language is included regarding inter-governmental and cooperative agreements and limiting funds for official reception and 

representation expenses. Language is also included extending the 

availability of certain funds. Finally, language is included requiring 

each United States Attorney to establish a task force on human 

trafficking. 

Furthermore, under United States Trustee System Fund, language is included regarding refunds due depositors. Language is 

also included providing for the extended availability of certain 

funds and the use of offsetting collections. 

Moreover, under Fees and Expenses of Witnesses, language is included regarding contracts for the procurement and supervision of 

expert witnesses. In addition, language is included regarding funds 

for construction of buildings for safesites, armored and other vehicles, and telecommunication equipment. The language also provides 

for no-year availability of funds. 

And under Salaries and Expenses, Community Relations Service, 

language is included regarding the transfer of funds for conflict resolution and violence prevention activities, which shall be subject to 

the provisions of section 505 of this Act. 

Under United States Marshals Service, Salaries and Expenses, 

language is included limiting official reception and representation 

expenses, and providing for no-year availability for part of the appropriation. 

Also, under Construction, language is included providing for noyear availability. 

In addition, under Federal Prisoner Detention, language is included providing for no-year availability. Language is also included 

providing that the Trustee shall be responsible for managing the 

Justice Prisoner and Alien Transportation System. In addition, language is included limiting the amount of funds considered ‘‘funds 

appropriated for State and local law enforcement assistance’’. Finally, language is included transferring available unobligated balances from General Administration, Detention Trustee to this new 

account. 

Under National Security Division, Salaries and Expenses, language is included providing for the no-year availability of funds for 

IT systems. Language is also included providing that upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security 

Division, the Attorney General may transfer such amounts to this 

heading from available appropriations for the current fiscal year 

for the Department of Justice, as may be necessary to respond to 

such circumstances. The language provides such a transfer be 

treated as a reprogramming under section 505 of this Act. 

Under Interagency Law Enforcement, Interagency Crime and 

Drug Enforcement, language is included regarding certain reimbursements. 

Under Federal Bureau of Investigation, Salaries and Expenses, 

language is included providing for no-year availability of certain 

funds. Language is also included providing for a limitation on representational expenses. 

Under Drug Enforcement Administration, Salaries and Expenses, 

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gencies of a confidential character. Language is also included allowing conduct of drug education and training programs, including 

travel and related expenses for participants in such programs and 

the distribution of items of token value that promote the goals of 

such programs. In addition, language is included providing for noyear availability of certain funds. Finally, language is included providing for a limitation on representational expenses. 

Under Bureau of Alcohol, Tobacco, Firearms and Explosives, Salaries and Expenses, language is included allowing training of State 

and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection, and 

allowing provision of laboratory assistance to State and local law 

enforcement agencies, with or without reimbursement. Language is 

also included limiting official reception and representation expenses. In addition, language is included providing funds for the 

payment of attorneys’ fees. In addition, language is included providing for no-year availability of certain funds. Furthermore, language is included that permanently prohibits funds to implement 

amendments to section 478.118 of title 27, Code of Federal Regulations, change the definition of ‘‘Curios or relics’’ or remove items 

from ATF publication 5300.11. Additional language is included prohibiting expenses to investigate or act upon applications for relief 

from Federal firearms disabilities under section 925(c) of title 18, 

United States Code. Language is further included regarding expenses to investigate applications filed by corporations for relief 

from section 925(c) of title 18, United States Code. Moreover, language is included that prohibits funds to transfer the functions, 

missions or activities of ATF to other agencies or departments. 

Also, language is included that permanently prohibits expenses to 

promulgate or implement any rule requiring a physical inventory 

of licensed businesses. Finally, language is included that permanently prohibits expenses to deny an application for certain licenses. 

Under Federal Prison System, Salaries and Expenses, language 

is included that provides for the transfer to the Health Resources 

and Services Administration funds necessary for medical relief for 

inmates. Language is also included that provides authority to the 

Director to enter into contracts to furnish health care. In addition, 

language is included placing a limitation on funds for reception and 

representation expenses. Furthermore, language is included extending the availability of certain funds. Moreover, language is included providing for the use of certain funds for the care and security of Cuban and Haitian entrants. Finally, language is included 

providing authority for the Federal Prison System to accept donated property and services. 

Also, in Building and Facilities, language is included providing 

for no-year availability of funds and establishing maximum and 

minimum funding levels for certain activities. Language is also included stating labor of prisoners may be used for work under this 

heading. 

Additionally, under Federal Prison Industries, Incorporated, language is included authorizing Federal Prison Industries, Incorporated, to make such expenditures, within the limits of funds and 

borrowing authority available, and in accord with the law, and to 


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make such contracts and commitments, without regard to fiscal 

year limitations, as may be necessary in carrying out the program 

set forth in the budget for the current fiscal year for such corporation, including purchase and hire of passenger motor vehicles. 

Furthermore, under Limitation on Administrative Expenses, Federal Prison Industries, Incorporated, language is included making 

available funds for its administrative expenses, and for certain 

services, to be computed on an accrual basis to be determined in 

accordance with the corporation’s current prescribed accounting 

system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired 

or produced, including selling and shipping expenses, and expenses 

in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and 

other property belonging to the corporation or in which it has an 

interest. 

Under State and Local Law enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and 

Prosecution Programs, language is included making funds available 

until expended. Language is also included placing a limitation on 

funds to be made available for expenses related to evaluation, 

training, and technical assistance. In addition, language is included 

providing for specific appropriations for various programs within 

the Office on Violence Against Women. Furthermore, language is 

included making available certain unobligated balances for specified programs. The language also applies certain conditions to specified grants. It provides for certain funds to be transferred to ‘‘Research, Evaluation, and Statistics’’ for administration by the Office 

of Justice Programs. Finally, language is included to establish a 

national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and 

Alaska Native women. 

Under Office of Justice Programs, Research, Evaluation and Statistics, language is included to provide for no-year availability of 

funds. Language is also included to provide for specific appropriations for various programs within the Office of Justice Programs. 

Also, under State and Local Law Enforcement Assistance, language is included to provide for no-year availability of funds. Language is also included regarding Puerto Rico. In addition, language 

is included regarding a Preventing Violence Against Law Enforcement Officer Resilience and Survivability Initiative as well as the 

domestic radicalization phenomenon. In addition, language is included regarding Federal immigration and other detainees housed 

in State and local detention facilities. Furthermore language is included regarding local government use of funds to increase the 

number of law enforcement officers. Finally, the language specifies 

appropriations for various programs within the Office of Justice 

Programs. 

In addition, under Juvenile Justice Programs, language is included providing for no-year availability of funds. Language is also 

included regarding research, evaluation, and statistics activities designed to benefit the programs or activities authorized, with certain 

exceptions. In addition, language is included regarding funds for 

training and technical assistance, with certain exceptions. FurtherVerDate Mar 15 2010 05:50 May 03, 2012 Jkt 073989 PO 00000 Frm 00100 Fmt 6659 Sfmt 6602 E:\HR\OC\HR463.XXX HR463

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more, language is included regarding the National ICAC Task 

Force Program. Finally, the language delineates certain amounts 

for various programs under this heading. 

Furthermore, under Public Safety Officer Benefits, language is 

included providing for no-year availability of funds. Language is 

also included providing for the transfers of funds in emergent circumstances, which shall be subject to the provisions of section 505 

of this Act. 

Under Community Oriented Policing Services, Community Oriented Policing Services Programs, language is included providing 

for no-year availability of funds. Language is also included requiring that balances made available through prior year deobligations 

shall only be available in accordance with section 505 of this Act. 

In addition, language is included regarding transfers of funds for 

anti-methamphetamine activities. Furthermore, language is included waiving a provision of law that provided that the COPS Hiring Program would terminate after September 2000. Finally, language is included providing that funding for hiring or rehiring a career law enforcement officer may not exceed $125,000 unless the 

Director of the Office of Community Oriented Policing Services 

grants a waiver from this limitation. 

Under Department of Justice, General Provisions, the following 

general provisions that fall within the rule are recommended: 

Section 201 makes available additional reception and representation funding for the Attorney General from the amounts provided 

in this title. 

Section 202 prohibits the use of funds to pay for an abortion, except in the case of rape or to preserve the life of the mother. 

Section 203 prohibits the use of funds to require any person to 

perform or facilitate the performance of an abortion. 

Section 204 establishes the obligation of the Director of the Bureau of Prisons to provide escort services to an inmate receiving an 

abortion outside of a Federal facility, except where this obligation 

conflicts with the preceding section. 

Section 205 establishes the Committee’s requirements and procedures for transfer proposals. 

Section 206 authorizes the Attorney General to extend an ongoing Personnel Management Demonstration Project. 

Section 207 permanently extends specified authorities to the Bureau of Alcohol, Tobacco, Firearms and Explosives for undercover 

operations. 

Section 208 prohibits the use of funds for transporting prisoners 

classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure. 

Section 209 prohibits the use of funds for the purchase or rental 

by Federal prisons of audiovisual equipment, services and materials used primarily for recreational purposes, except for those 

items and services needed for inmate training, religious, or educational purposes. 

Section 210 requires review by the Deputy Attorney General and 

the Department Investment Review Board prior to the obligation or 

expenditure of funds for major information technology projects. 

Section 211 requires the Department to follow reprogramming 

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fied in this title or the reuse of specified deobligated funds provided 

in previous years. 

Section 212 prohibits the use of funds for A–76 competitions for 

work performed by employees of the Bureau of Prisons or Federal 

Prison Industries, Inc. 

Section 213 prohibits U.S. Attorneys from holding additional responsibilities that exempt U.S. Attorneys from statutory residency 

requirements. 

Section 214 permits up to 3 percent of grant and reimbursement 

program funds made available to the Office of Justice Programs to 

be used for training and technical assistance and permits up to 2 

percent of grant or reimbursable program funds made available to 

that office to be used for criminal justice research, evaluation and 

statistics. 

Section 215 gives the Attorney General the authority to waive 

matching requirements for Second Chance Act adult and juvenile 

reentry demonstration projects; state, tribal and local reentry 

courts; drug treatment programs; and prison rape elimination programs. 

Section 216 waives the requirement that the Attorney General 

reserve certain amounts provided for offender incarceration. 

Section 217 prohibits funds, with certain exceptions, to be used 

to facilitate certain firearm transfers. 

Section 218 prohibits funds made available by this Act from 

being used to require public entities, places of public accommodation, and commercial facilities to provide a permanent means of accessible entry to pools and spas. 

Section 219 prohibits funds made available by this Act from 

being used to require licensed firearms dealers to report on the sale 

of multiple rifles and shotguns to the same person. 

In title III, Science, under Office of Science and Technology Policy, language is included providing that certain funds be available 

for reception and representation expenses, and rental of conference 

rooms. 

Under National Aeronautics and Space Administration, Science, 

language is included providing for the multi-year availability of 

funds. Language is also included designating funds for a certain reimbursable agreement. In addition, language is included concerning implementation of the planetary science decadal survey. Finally, language is included regarding costs for a certain spacebased telescope. 

Also, under Aeronautics, language is included providing for the 

multi-year availability of funds. 

In addition, under Space Technology, language is included providing for the multi-year availability of funds. 

Under Exploration, language is included providing for the multiyear availability of funds. Language is also included that delineates 

amounts for program components. 

In Space Operations, language is included providing for the 

multi-year availability of funds. 

Additionally, under Education, language is included providing for 

the multi-year availability of funds. Language is also included delineating amounts for program components. 


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Under Cross Agency Support, language is included providing for 

the multi-year availability of funds. Language is also included to 

limit official reception and representation expenses. 

Under Construction and Environmental Compliance and Restoration, language is included providing for the multi-year availability 

of funds. Language is also included restricting receipts and expenditures made pursuant to enhanced use lease arrangements and requiring the inclusion of estimates in future budget requests. 

Under Office of Inspector General, language is included providing 

for the multi-year availability of some funds. 

In the Administrative Provisions, language is included regarding: 

availability of funds for announced prizes; transfers of funds; certain personnel actions; the submission of a spending plan; and 

credit card programs. 

Under National Science Foundation, Research and Related Activities, language is included that provides for the multi-year availability of funds. Language is also included that governs funding 

availability for polar research and operational support. In addition, 

language is included providing that certain receipts may be credited to this appropriation. 

Also, under Major Research Equipment and Facilities Construction, language is included providing for no-year availability of 

funds. Language is also included prohibiting reimbursement of the 

Judgment Fund. 

In addition, under Education and Human Resources, language is 

included providing for the multi-year availability of funds. 

Furthermore, under Agency Operations and Award Management, 

language is included regarding contracts for maintenance and operation of facilities and other services. Language is also included limiting representation expenses. 

Under Office of the National Science Board, language is included 

limiting funds for official reception and representation. 

Under Office of Inspector General, language is included providing 

for the multi-year availability of some funds. 

Under Administrative Provision, a general provision is included 

regarding transfers of funds. 

In title IV, Related Agencies, under Commission on Civil Rights, 

Salaries and Expenses, language is included prohibiting expenses 

to employ in excess of a specific level of full-time individuals or to 

reimburse Commissioners for certain billable days. Language is 

also included prohibiting certain unauthorized activities. Finally, 

language is included regarding the establishment of an inspector 

general. 

Under Equal Employment Opportunity Commission, Salaries and 

Expenses, language is included designating amounts for payments 

to State and local enforcement agencies. Language is also included 

limiting funds for official reception and representation expenses. 

Finally, language is included authorizing the Chair to accept donations or gifts to carry out the work of the Commission. 

Under International Trade Commission, Salaries and Expenses, 

language is included limiting funds for official reception and representation expenses. Language is also included providing for noyear availability of funds. 

Under Legal Services Corporation, Payment to Legal Services 

Corporation, language is included regarding pay for officers and 


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employees. Language is also included delineating amounts for specific programs and regarding authorities to transfer funds. 

Under Administrative Provisions, Legal Services Corporation, 

language is included that prohibits the use of funds for certain activities. Language is also included regarding the distribution of 

funds. 

Under Office of the United States Trade Representative, Salaries 

and Expenses, language is included providing for the no-year availability of some funds. Language is also included limiting funds for 

official reception and representation expenses. 

Under State Justice Institute, Salaries and Expenses, language 

is included limiting funds for reception and representation expenses. Language is also included providing for multi-year availability of some funds. 

In title V, General Provisions, the following general provisions 

that fall within the rule are recommended: 

Section 501 prohibits the use of funds for publicity or propaganda 

purposes unless expressly authorized by law. 

Section 502 prohibits any appropriation contained in this Act 

from remaining available for obligation beyond the current fiscal 

year unless expressly authorized. 

Section 503 provides that the expenditure of any appropriation 

contained in the Act for any consulting service through procurement contracts shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law or 

under existing Executive Order issued pursuant to existing law. 

Section 504 provides that if any provision of this Act or the application of such provision to any person or circumstance shall be held 

invalid, the remainder of the Act and the application of other provisions shall not be affected. 

Section 505 specifies requirements for reprogramming funds. 

Section 506 provides that if it is determined that any person intentionally affixes a ‘‘Made in America’’ label to any product that 

was not made in America that person shall not be eligible to receive any contract or subcontract made with funds made available 

in this Act. The section further provides that to the extent practicable, with respect to purchases of promotional items, funds made 

available under this Act shall be used to purchase items manufactured, produced or assembled in the United States or its territories 

or possessions. 

Section 507 requires quarterly reporting to Congress on the status of balances of appropriations. 

Section 508 provides that any costs incurred by a department or 

agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions in the Act 

shall be absorbed with the budgetary resources available to the department or agency, and provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures. 

Section 509 prohibits funds made available in this Act from being 

used to promote the sale or export of tobacco or tobacco products 

or to seek the reduction or removal of foreign restrictions on the 

marketing of tobacco products, except for restrictions which are not 

applied equally to all tobacco or tobacco products of the same type. 


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Section 510 limits the obligation of certain funds. 

Section 511 prohibits the use of Department of Justice funds for 

programs that discriminate against or denigrate the religious or 

moral beliefs of students participating in such programs. 

Section 512 prohibits the transfer of funds in the Act to any department, agency, or instrumentality of the United States Government, except for transfers made by, or pursuant to authorities provided in, this Act or any other appropriations Act. 

Section 513 provides that funds provided for E-Government Initiatives shall be subject to the procedures set forth in section 505 

of this Act. 

Section 514 permanently requires the Bureau of Alcohol, Tobacco, Firearms and Explosives to include specific language in any 

release of tracing study data that makes clear that trace data cannot be used to draw broad conclusions about firearms-related 

crimes. 

Section 515 requires certain timetables and procedures for specified audits performed by Inspectors General of the departments 

and agencies funded in this Act and sets limits and restrictions on 

the awarding and use of grants or contracts funded by amounts appropriated by this Act. 

Section 516 prohibits funds for information technology acquisitions unless the acquiring department or agency has assessed the 

risk of cyber-espionage or sabotage. Any acquisition of information 

technology produced by entities that are owned, directed, or subsidized by the People’s Republic of China must be preceded by a 

determination that the acquisition is in the national interest. 

Section 517 prohibits the use of funds in this Act to support or 

justify the use of torture by any official or contract employee of the 

United States Government. 

Section 518 permanently prohibits the use of funds to require 

certain export licenses. 

Section 519 permanently prohibits the use of funds to deny certain import applications regarding ‘‘curios or relics’’ firearms, parts, 

or ammunition. 

Section 520 prohibits the use of funds to include certain language 

in trade agreements. 

Section 521 prohibits the use of funds in this Act to authorize or 

issue a National Security Letter (NSL) in contravention of certain 

laws authorizing the Federal Bureau of Investigation to issue 

NSLs. 

Section 522 requires congressional notification regarding any 

project within the Departments of Commerce or Justice, or the National Science Foundation and the National Aeronautics and Space 

Administration totaling more than $75,000,000 that has cost increases of at least 10 percent. 

Section 523 deems funds for intelligence or intelligence related 

activities as authorized by the Congress during fiscal year 2013 

until the enactment of the Intelligence Authorization Act for fiscal 

year 2013. 

Section 524 requires the departments and agencies funded in 

this Act to establish and maintain on the homepages of their Internet websites direct links to the websites of their Offices of Inspector General, and a mechanism by which individuals may anonymously report cases of waste, fraud, or abuse. 


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Section 525 prohibits contracts or grant awards in excess of $5,000,000 unless the prospective contractor or grantee certifies 

that the organization has filed Federal tax returns, has not been 

convicted of a criminal offense under the Internal Revenue Code of 

1986, and has no unpaid Federal tax assessment, except in specified circumstances. 

Section 526 provides for rescissions of unobligated balances in 

the Department of Justice. 

Section 527 prohibits the use of funds in this Act for the purchase of first class or premium air travel. 

Section 528 prohibits the use of funds to pay for the attendance 

of more than 50 department or agency employees at any single conference outside the United States, unless the conference is a law 

enforcement training or operational event where the majority of 

Federal attendees are law enforcement personnel stationed outside 

the United States. 

Section 529 prohibits the use of funds in this or any other Act 

for the transfer or release of certain individuals detained at Naval 

Station, Guantanamo Bay, Cuba, to or within the United States, its 

territories or possessions. 

Section 530 prohibits the use of funds in this or any other Act 

to construct, acquire or modify any facility in the United States, its 

territories, or possessions to house certain individuals who, as of 

June 24, 2009, were located at United States Naval Station, Guantanamo Bay, Cuba for the purposes of detention or imprisonment 

in the custody or control of the Department of Defense. 

Section 531 prohibits the distribution of funds contained in this 

Act to the Association of Community Organizations for Reform Now 

or its subsidiaries. 

Section 532 requires, when practicable, the use of funds in this 

Act to purchase light bulbs that have the ‘‘Energy Star’’ or ‘‘Federal 

Energy Management Program’’ designation. 

Section 533 requires tracking and reporting of undisbursed balances in expired grant accounts. 

Section 534 prohibits the use of funds by the National Aeronautics and Space Administration or the Office of Science and 

Technology Policy to engage in bilateral activities with China or a 

Chinese-owned company unless the activities are authorized by 

subsequent legislation or NASA or OSTP have made a certification 

pursuant to subsections (c) and (d) of this section. 

Section 535 specifies reporting requirements for certain conferences held by any department, agency, board or commission 

funded by this Act. 

Section 536 prohibits funds made available by this Act from 

being used to deny the importation of shotgun models if no application for the importation of such models, in the same configuration, 

had been denied prior to January 1, 2011, on the basis that the 

shotgun was not particularly suitable for or readily adaptable to 

sporting purposes. 

Section 537 prohibits the use of funds to establish or maintain 

a computer network that does not block pornography, except for 

law enforcement purposes. 

Section 538 prohibits funds made available by this Act from 

being used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a loan 


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or loan guarantee to, any corporation that was convicted of a felony 

criminal violation under any Federal law within the preceding 24 

months. 

Section 539 prohibits funds made available by this Act from 

being used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a loan 

or loan guarantee to, any corporation that has any unpaid Federal 

tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and 

that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 

Section 540 prohibits funds in this Act from being used to implement, administer, or enforce Equal Employment Opportunity Commission regulations on ‘‘Disparate Impact and Reasonable Factors 

Other Than Age Under the Age Discrimination in Employment 

Act’’. 

Section 541 establishes a Spending Reduction Account. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

The Committee, in a number of instances, has found it necessary 

to recommend funding for ongoing activities and programs for 

which authorizations have not been enacted to date. These include 

some or all of the programs under the Department of Commerce, 

Department of Justice, Commission on Civil Rights, International 

Trade Commission, Legal Services Corporation, Marine Mammal 

Commission, Office of the U.S. Trade Representative, and State 

Justice Institute. Pursuant to clause 3(f)(1)(B) of rule XIII of the 

Rules of the House of Representatives, the following table lists the 

appropriations in the accompanying bill which are not authorized 

by law for the period concerned: 

Agency/Program Last year of 

authorization 

Authorization 

level 

Appropriation in 

last year of 

authorization 

Appropriations in 

this bill 

Department of Commerce: 

International Trade Administration 

Operations and Administration 

Export Promotion Activities ................ 1996 such sums $264,885 $277,824 

Economic Development Administration 

Salaries and Expenses ............................ 2008 such sums 30,832 37,500 

Economic Development Assistance Programs ................................................. 2008 500,000 349,100 182,000 

Economic and Statistical Analysis 

Salaries and Expenses ............................ n/a n/a n/a 96,000 

Minority Business Development Agency 

Minority Business Development .............. n/a n/a n/a 28,689 

National Telecommunications and Information Administration 

Salaries and Expenses ............................ 1993 17,900 18,493 45,568 

National Oceanic and Atmospheric Administration 

Operations, Research and Facilities 

Oceanic and Atmospheric Research .. 1993 1,589,081 202,172 404,941 

Climate and air quality research 

activities .................................... 1993 (103,877 ) a a

Atmospheric research activities .... 1993 (44,781 ) a a

National Ocean Service ...................... 1993 121,183 150,864 427,275 

Coral Reef Conservation ................ 2004 (16,000 ) (16,000 ) (24,098 ) 

Coastal Zone Management ............ 1999 (55,300 ) (52,700 ) (64,844 ) 


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Agency/Program Last year of 

authorization 

Authorization 

level 

Appropriation in 

last year of 

authorization 

Appropriations in 

this bill 

Marine Protection, Research, Preservation & Sanctuaries ............. 2005 (40,000 ) (57,958 ) (41,932 ) 

Marine debris prevention, removal, 

and information ......................... 2010 (10,000 ) (4,000 ) (3,000 ) 

National Marine Fisheries Service ...... various 775,427 

Endangered Species Act Activities 1992 6,750 b b

Marine Mammal Protection Act Activities ........................................ 1999 34,768 b b

NOAA Marine Fisheries Program 

Activities .................................... 2000 110,470 b b

National Weather Service 

Operations and research activities 1993 395,822 a a

Public warning and forecast systems ........................................... 1993 132,034 a,c a,c

NESDIS 

Satellite observing systems activities (NESDIS) ............................. 1993 336,000 a,c a,c

Data and information services activities ........................................ 1993 39,596 10,300 a,c

Program Support 

Executive Direction and Administrative Activities ........................ 1993 75,750 25,000 99,820 

Marine Services .............................. 1993 68,518 61,200 166,015 

Aircraft Services ............................. 1993 10,336 9,500 30,241 

Procurement, Acquisition and Construction 

Office of Marine and Aviation Operations 

Fleet modernization and replacement .......................................... 1997 such sums 8,000 14,609 

Pacific Coastal Salmon Recovery ........... 2009 90,000 80,000 65,000 

Departmental Management 

Salaries and Expenses ............................ n/a n/a n/a 55,000 

Office of Inspector General ..................... n/a n/a n/a 28,753 

Department of Justice: 

General Administration 

Salaries and Expenses ............................ 2009 181,561 105,805 110,322 

Justice Information Sharing Technology 2009 204,152 80,000 33,426 

Administrative review and appeals ........ 2009 243,291 270,000 313,438 

Office of Inspector General ..................... 2009 81,922 80,681 84,199 

United States Parole Commission 

Salaries and Expenses ............................ 2009 12,711 12,570 12,772 

Legal Activities 

Salaries and Expenses, General Legal 

Activities ............................................. 2009 764,526 805,655 863,367 

Salaries and Expenses, Antitrust Division ..................................................... 2009 162,488 157,788 159,587 

Salaries and Expenses, United States 

Attorneys ............................................. 2009 1,829,194 1,851,336 1,965,000 

Salaries and Expenses, Foreign Claims 

Settlement Commission ...................... 2009 1,429 1,823 2,000 

Fees and Expenses of witnesses ............ 2009 203,755 168,300 270,000 

Salaries and Expenses, Community Relations Service .................................... 2009 10,977 9,873 11,456 

Assets Forfeiture Fund ............................ 2009 22,000 20,990 20,948 

United States Marshals Service .................. 2009 900,178 954,000 2,845,871 

Salaries and Expenses ............................ d (960,000 ) (1,188,488 ) 

Construction ............................................ d (4,000 ) (10,000 ) 

Federal Prisoner Detention e .................... 2009 1,858,509 1,355,319 (1,647,383 ) 

National Security Division 

Salaries and Expenses ............................ n/a n/a n/a 90,039 

Interagency Law Enforcement 

Interagency Crime and Drug Enforcement ................................................... 2009 744,593 515,000 521,793 

Federal Bureau of Investigation .................. 2009 6,480,608 7,301,191 8,265,989 


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Agency/Program Last year of 

authorization 

Authorization 

level 

Appropriation in 

last year of 

authorization 

Appropriations in 

this bill 

Salaries and Expenses ............................ d (7,182,700 ) 8,185,007 

Construction ............................................ d (153,491 ) (80,982 ) 

Drug Enforcement Administration 

Salaries and Expenses ............................ 2009 1,930,462 1,959,084 2,396,504 

Bureau of Alcohol, Tobacco, Firearms and 

Explosives 

Salaries and Expenses ............................ 2009 1,038,939 1,078,215 1,153,345 

Federal Prison System ................................. 2009 5,698,292 6,171,561 6,910,217 

Salaries and Expenses ............................ d (5,600,792 ) (6,820,217 ) 

Buildings and Facilities .......................... d (575,807 ) (90,000 ) 

Office on Violence Against Women 

Violence Against Women Prevention and 

Prosecution Programs 

STOP Grants ....................................... 2011 225,000 f

 189,000 

Transitional Housing Assistance ........ 2011 40,000 f

 25,000 

Research and Evaluation on Violence 

against Women .............................. n/a n/a n/a 3,500 

Grants to Encourage Arrest Policies .. 2011 75,000 f

 50,000 

Sexual Assault Victims Services ........ 2011 50,000 f

 23,000 

Rural Domestic Violence and Child 

Abuse Enforcement ........................ 2011 55,000 f

 36,500 

Violence on College Campuses .......... 2011 15,000 f

 9,000 

Civil Legal Assistance ........................ 2011 65,000 f

 41,000 

Elder Abuse Grant Program ............... 2011 10,000 f

 4,250 

Safe Havens Program ......................... 2011 20,000 f

 11,500 

Education and Training for Disabled 

Female Victims .............................. 2011 10,000 f

 5,750 

Court Training and Improvements 

Program .......................................... 2011 5,000 f

 4,500 

Research on Violence against Indian 

Women ............................................ 2008 1,000 940 1,000 

Consolidated Youth-oriented Program various 10,000 

Engaging Men and Youth in Prevention ....................................... n/a n/a n/a g

Grants to Assist Children and 

Youth Exposed to Violence ........ n/a n/a n/a g

Supporting Teens Through Education Program .......................... 2011 5,000 f g

Services to Advocate and Respond 

to Youth ..................................... n/a n/a n/a g

National Resource Center on Workplace Responses ............................ 2011 1,000 f

 500 

Indian Country—Sexual Assault 

Clearinghouse ................................ n/a n/a n/a 500 

Office of Justice Programs 

Research, Evaluation and Statistics 

Bureau of Justice Statistics .......... 1995 33,000 32,335 45,000 

National Institute of Justice .......... 1995 33,000 58,879 40,000 

Regional information sharing activities ........................................ 2003 100,000 29,000 27,000 

State and Local Law Enforcement Assistance 

Byrne Memorial Justice Assistance 

Grants ........................................ 2012 1,095,000 470,000 370,000 

Domestic Radicalization Research ................................... n/a n/a n/a (4,000 ) 

VALOR Initiative ......................... n/a n/a n/a (5,000 ) 

State Criminal Alien Assistance 

Program ..................................... 2011 950,000 f

 165,000 

Byrne Competitive Grants .............. n/a n/a n/a 20,000 

Missing Alzheimer’s Patients 

Grants ........................................ 1999 900 898 1,000 

Victims of Trafficking Grants ........ 2011 10,500 f

 13,500 

Drug Courts .................................... 2008 70,000 15,200 41,000 

Veterans Treatment Courts ............ n/a n/a n/a 4,000 


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Agency/Program Last year of 

authorization 

Authorization 

level 

Appropriation in 

last year of 

authorization 

Appropriations in 

this bill 

Prescription Drug Monitoring ......... n/a n/a n/a 7,000 

Prison Rape Prevention and Prosecution ....................................... 2010 40,000 15,000 12,500 

Residential Substance Abuse 

Treatment .................................. 2000 72,000 61,677 15,000 

Capital Litigation and Wrongful 

Conviction Review ..................... 2009 75,000 5,500 1,000 

Tribal Assistance ........................... various 38,000 

Tribal Courts .............................. 2004 such sums (8,000 ) h

Alcohol and Substance Abuse ... n/a n/a n/a h

Indian Prison Grants ................. 2000 (2,753 ) (5,000 ) h

Training/TA Civil and Criminal 

Legal Assistance ................... n/a n/a n/a h

Economic, High-tech, Cybercrime 

Prevention .................................. n/a n/a n/a 7,000 

CASA—Special Advocates ............. 2011 12,000 f

 4,500 

Bulletproof Vests ............................ 2012 50,000 24,000 20,000 

Criminal Records Upgrade ............. 2007 250,000 i

 6,000 

Second Chance Act/Offender Reentry ........................................... 2010 55,000 100,000 70,000 

Smart Probation ........................ n/a n/a n/a (6,000 ) 

Adam Walsh Act Implementation .. 2009 such sums 20,000 

National Sex Offender Public Web 

Site ............................................. n/a n/a n/a 1,000 

DNA Initiative 

Post-Conviction DNA Testing 

Grants ................................... 2009 5,000 5,000 (4,000 ) 

Juvenile Justice Programs 

Part B—State Formula Grants ...... 2007 such sums i

 33,000 

Youth Mentoring Grants ................. 2007 such sums i

 90,000 

Victims of Child Abuse Programs 2005 8,481 11,000 18,000 

Training for Judicial Personnel ...... 2005 2,300 1,500 

Community Oriented Policing Services 

Community Oriented Policing Services 

Programs ........................................ 2009 1,047,119 1,550,500 72,500 

Tribal Resources Grant Program ... j

 (20,000 ) (20,000 ) 

COPS Hiring Grants ....................... j

 (1,000,000 ) (40,000 ) 

Related Agencies: 

Commission on Civil Rights 

Salaries and Expenses ............................ 1995 9,500 8,904 9,193 

International Trade Commission 

Salaries and Expenses ............................ 2004 57,240 58,295 83,000 

Legal Services Corporation 

Payment to the Legal Services Corporation ..................................................... 1980 205,000 300,000 328,000 

Marine Mammal Commission 

Salaries and Expenses ............................ 1999 1,750 1,240 3,025 

Office of the U.S. Trade Representative 

Salaries and Expenses ............................ 2004 33,108 41,552 51,251 

State Justice Institute 

Salaries and Expenses ............................ 2008 7,000 3,760 5,121 

a The National Oceanic and Atmospheric Administration Authorization Act of 1992 (P.L. 102–567) provides authorizations 

for general categories of activities, rather than specific programs. Since a program may cut across several authorizations, it 

is impossible to determine the exact amount of unauthorized appropriations. b Authorization covers multiple lines in the NOAA control table. 

c This authorization provides for both procurement and operations activities, but does not provide a breakdown for each. 

d Authorization does not provide amounts for specific accounts within this agency. 

e This was formerly the ‘‘General Administration, Detention Trustee’’ account. 

f The authorization for this program expired in FY2011. Since the government was funded by a full-year continuing resolution, the Committee did not provide a specific appropriation for this program. g These programs have been combined into the Consolidated Youth-oriented Program. 

h The recommendation includes an overall amount for tribal assistance but does not specify amounts for each particular 

program. i The authorization for this program expired in FY2007. Since the government was funded by a full-year continuing resolution, the Committee did not provide a specific appropriation for this program. j Authorization does not provide amounts for specific programs within this account. 


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COMPARISON WITH THE BUDGET RESOLUTION

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House 

of Representatives and section 308(a)(1)(A) of the Congressional 

Budget Act of 1974, the following table compares the levels of new 

budget authority and outlays provided in the bill with the appropriate allocations made under section 302(b) of the Budget Act. 

BUDGETARY IMPACT PREPARED IN CONSULATION WITH THE CONGRESSIONAL BUDGET OFFICE 

PURSUANT TO SEC. 308(a), PUBLIC LAW 93–344, AS AMENDED 

302(b) Allocation This Bill 1

Budget 

Authority Outlays Budget Authority Outlays 

Comparison of amounts in the bill with Committee allocations to its subcommittees of amounts in the First Concurrent Resolution of 2013: 

Subcommittee on Commerce, Justice, Science 

General purpose discretionary .............................................................. 51,131 62,953 51,131 62,953 

Mandatory ............................................................................................. 328 358 328 358 

1 Includes outlays from prior year budget authority. 

FIVE-YEAR OUTLAY PROJECTIONS

Pursuant to clause 3(c)(2) of rule XIII and section 308(a)(1)(B) of 

the Congressional Budget Act of 1974, the following table contains 

five-year outlay projections associated with the budget authority 

provided in the accompanying bill, as provided to the Committee by 

the Congressional Budget Office: 

Projection of outlays associated with the recommendation: 

2013 ................................................................................................................................................................ 1 38,155 

2014 ................................................................................................................................................................ 13,882 

2015 ................................................................................................................................................................ 3,491 

2016 ................................................................................................................................................................ 1,557 

2017 and future years .................................................................................................................................... 3,073 

1 Excludes outlays from prior year budget authority. 

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

Pursuant to clause 3(c)(2) of rule XIII and section 308(a)(1)(C) of 

the Congressional Budget Act of 1974, the Congressional Budget 

Office has provided the following estimates of new budget authority 

and outlays provided by the accompanying bill for financial assistance to State and local governments: 

[In millions of dollars] 

Budget Authority ....................................................................................................................................................... ¥6,281 

Outlays ...................................................................................................................................................................... 1¥186 

1 Excludes outlays from prior year budget authority. 

CONSTITUTIONAL AUTHORITY

Pursuant to section 6(e) of the rules of the Committee on Appropriations, the following statement is submitted regarding the specific powers granted to Congress in the Constitution to enact the 

accompanying bill: 


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The principal constitutional authority for this legislation is 

clause 7 of section 9 of article I of the Constitution of the United 

States (the appropriation power), which states: ‘‘No Money shall be 

drawn from the Treasury, but in Consequence of Appropriations 

made by Law . . .’’ In addition, clause 1 of section 8 of article I of 

the Constitution (the spending power) provides: ‘‘The Congress 

shall have the Power . . . to pay the Debts and provide for the 

common Defense and general welfare of the United States. . .’’ Together, these specific constitutional provisions establish the congressional power of the purse, granting Congress the authority to 

appropriate funds, to determine their purpose, amount, and period 

of availability and to set forth terms and conditions governing their 

use. 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) 

AUTHORITY

The following table provides a detailed summary, for each department and agency, comparing the amounts recommended in the 

bill with fiscal year 2012 enacted amounts and budget estimates 

presented for fiscal year 2013: 


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MINORITY VIEWS 

We want to begin by thanking Chairman Wolf for being a model 

chairman for this Subcommittee. He is a professional, he is principled, and he has once again involved us at every appropriate level 

of deliberation. We appreciate the Chairman’s adherence to regular 

order in drafting the bill and throughout the committee process. 

The fiscal year (FY) 2013 bill approved by the Committee pro- vides net budget authority of $51.1 billion, a cut of $1.6 billion (3.1 

percent) below FY 2012, when excluding FY 2012 emergency funding, and $731 million (1.4 percent) below the Administration’s request. 

DEPARTMENT OF COMMERCE

For the Department of Commerce, the bill provides a total of $7.7 billion, an increase of $95.6 million above the FY 2011 enacted 

level and $280.4 million below the Administration’s request. 

The International Trade Administration (ITA) is funded at 

$458.3 million, an increase of $2.7 million above FY 12 but a cut 

of $58.7 million below the request, preventing ITA from funding, 

among other things, the vast majority of the additional Foreign 

Commercial Service Officers and locally engaged staff it had hoped 

to post in high-growth overseas markets in FY 2013. These staff 

help create jobs here at home by helping American businesses increase their exports. We should provide additional resources for 

ITA’s efforts, which are important for our economy. 

We are pleased that the bill provides up to $5 million to the Economic Development Administration (EDA) for a new program, first 

funded in last year’s bill, to provide loan guarantees to small and 

medium-sized businesses to help develop innovative new products 

and new technologies. The bill also provides $5 million to continue 

a grant program to relocate jobs back to the United States that had 

previously been placed outside the United States. Funding is also 

maintained for the Trade Adjustment Assistance for Firms program. However, it is troubling that the bill cuts EDA programs 

overall by $38 million (17 percent) below FY 2012. This is an unwise cut, in our judgment, particularly at a time when unemployment remains high. EDA program grants have proven to be of 

great help in creating jobs in many of the most distressed communities across the country. 

We will need to find more funding for the Census Bureau, which 

is cut by $91.7 million (9.5 percent) below the request. The largest 

part of this cut comes from the Bureau’s 2020 Census research, 

preparation, and testing activities, which are cut by $51.6 million 

(39.3 percent) below the request. The 2020 Census is still several 

years away, but the effort to control its ultimate cost must begin 

immediately. As The Census Project, an informal network of census 

stakeholder organizations, has written, ‘‘To save potentially billions 


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of dollars in future years, as Congress has directed, the Census Bureau must invest resources early in the decade to ensure cost-effective, successful implementation of census operations.’’ In particular, 

the Bureau needs to expand its research and testing infrastructure 

to effectively test new enumeration methods, new processes to support field operations, more cost-effective information technology 

(IT) systems, and other efforts aimed at saving billions of dollars 

later in the decade. It is unwise to cut back on these efforts, as this 

will lead to far greater costs in the long term. 

The bill makes significant and laudable investments in the National Institute of Standards and Technology, providing a total of 

$830.2 million, including $621.2 million for scientific and technical 

research and services, an increase of $54.2 million above FY 2012 

though $26.8 million below the request. $128 million is provided for 

the Manufacturing Extension Partnership program, including $2.5 

million to continue the work of the National Innovation Marketplace, to help expand our manufacturing base by connecting manufacturers, parts suppliers, purchasers and others. We are also 

pleased that the bill provides $21 million, as requested by the 

President, for a new Advanced Manufacturing Technology Consortia program, which will expand research and development in 

support of manufacturing. All of these programs are important investments in American innovation, competitiveness, and future job 

growth. 

Within the National Oceanic and Atmospheric Administration 

(NOAA), we are concerned that some important NOAA programs 

have been cut, in part to pay for necessary new weather satellites. 

We strongly support the development and deployment of these satellites, along with the funding necessary to accomplish this work. 

At the same time, however, we feel it is important to find a way 

to pay for them without making such drastic reductions in other 

important NOAA programs. We are appreciative of the NOAA programs that have been protected in the committee mark. For example, the bill provides $65 million for the Pacific Coastal Salmon Recovery Fund, as well as an increase for the Mitchell Act program 

so that the hatcheries along the Columbia River system can be reformed to better operate toward the goal of recovery under the Endangered Species Act. Funding is continued for integrated ocean 

acidification research. In addition, the committee mark wisely rejects the Administration’s proposed cuts in National Weather Service IT personnel, air quality forecasting, tsunami warning capability, and wind profile measurements. 

However, it is clear that we need to invest more, especially in the 

NOAA Operations, Research, and Facilities account, which overall 

is cut by $54 million (1.8 percent), below 2012, and by $74 million 

(2.4 percent) below the request. The committee mark cuts funding 

for an array of programs across NOAA. In particular, the National 

Ocean Service is cut by $32.1 million (7 percent) below FY 2012 

and by $48.2 million (10.1 percent) below FY 2011. The National 

Marine Fisheries Service overall is cut by $29.3 million (3.6 percent) below FY 2012 and by $69.8 million (8.3 percent) below FY 

2011. NOAA Education is cut by $7.5 million (30 percent) below FY 

12. These cuts will have significant consequences across a wide 


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array of NOAA’s important efforts aimed at strengthening our environment, economy, and public safety. 

DEPARTMENT OF JUSTICE

For the Department of Justice (DOA the bill provides $27.42 bil- lion, an increase of $11 million above the FY 2012 level, but $44.3 

million below the request. When including the request by the Department to transfer $365 million in mandatory Crime Victims 

Fund receipts to a number of discretionary grant programs, the bill 

provides a total of $409.3 million less than proposed by the Department. 

The bill provides funding at or near the requested level for the 

Department of Justice law enforcement agencies, including an increase above the request for the FBI to augment key capabilities 

related to cyber investigations, surveillance, and gang enforcement. 

Earlier this year, FBI Director Mueller warned that cyber attacks 

are becoming one of the biggest threats to America’s safety, possibly surpassing the threat level posed by terrorism. We believe 

that the Director is absolutely correct, and we are pleased that the 

Chairman has provided $23 million above the request for this priority. This additional funding is desperately needed in order to protect our nation, and we thank Chairman Wolf for his leadership in 

this area. 

Funding for the U.S. Marshals Service and the Drug Enforcement Administration is provided above the FY 2012 level, although 

below the requested amounts. This reduction below the request is 

mitigated, however, by the fact that the bill does not impose rescissions of prior year balances proposed by the Department of Justice. 

Unfortunately, the bill provides no cost-of-living increases for the 

litigation divisions of the Department of Justice. The litigation offices, as a whole, received no funding increases in FY 2011 or FY 

2012, and the funding level in the bill is $11.7 million less than 

the FY 2010 level and $40.2 million below the request. 

Without annual funding increases to cover inflationary costs, the 

litigation divisions are able to do less each year. The Civil Division 

returns $7 to the Treasury for every $1 we appropriate, by defeating unmeritorious claims against the United States and through recovering monies lost through fraud, waste, and violations of consumer protection laws. 

Under the House funding level, the Environment and Natural 

Resources Division (ENRD) could lose 12 attorney positions, and 

reduced resources could impact the ability of ENRD to vigorously 

pursue litigation against parties potentially responsible for the 

Deepwater Horizon oil spill. 

The Tax Division could lose up to 56 attorneys (14 percent), requiring the Division to decline approximately 2,000 cases and preventing the Division from pursuing affirmative litigation involving 

collections and bankruptcy cases. On average over the last three 

fiscal years, the Tax Division has annually collected $335 million 

in outstanding taxes, interest, and penalties through affirmative 

litigation. 

After a significant effort in FY 2010 to restore its base enforcement capacity, the Civil Rights Division has been hit particularly 

hard over the past few years, losing all of the ground it gained in 


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FY 2010 to restore its capacity to protect civil rights and voting 

rights, enforce laws against hate crimes and human trafficking, 

and engage in other efforts to protect vulnerable individuals. Flat 

funding for the litigation offices in FY 2013 would cause the Civil 

Rights Division to fall even further behind. 

The bill also fails to provide the proposed program increases for 

financial and mortgage fraud enforcement by the litigation divisions. It provides only a portion of the increase proposed for the 

FBI for financial and mortgage fraud enforcement, and potentially 

makes available only a small portion of the funds proposed for the 

U.S. Attorneys for this purpose. We were pleased to hear Chairman 

Wolf state, during Committee consideration of the bill, that he is 

open to considering additional funding for financial and mortgage 

fraud enforcement at the FBI as we move further through the process. We believe the final allocation available to the subcommittee 

will be at or near the Senate level, and we hope the majority will 

also work with us to provide the requested financial and mortgage 

fraud enforcement funding for the litigation divisions and the U.S. 

Attorneys in the final bill. The bill provides $6.82 billion for the salaries and expenses of the Federal Bureau of Prisons (BOP), an increase of $268.9 million, 

as requested. Because the request assumed the enactment of legislation to increase ‘‘good time’’ credit that inmates can earn, however, we may need to consider additional funding for BOP as we 

continue through the process to ensure that it has sufficient resources to maintain a safe and secure environment for Federal inmates during FY 2013. 

The cost of BOP operations has grown 41.2 percent since FY 

2006, and now represents 25 percent of DOJ’s entire budget. The 

BOP inmate population is 38 percent above the rated capacity of 

BOP facilities, and BOP plans to build several additional prisons 

by 2018 to keep up with its inmate population growth. We would 

need to appropriate billions of additional dollars in the next few 

years, however, to keep that construction schedule on track. 

While it was probably unrealistic of DOJ to assume the enactment of ‘‘good time’’ credit legislation in the development of its 

budget request, there is no doubt that we are in desperate need of 

reforms in our criminal justice system, similar to the ‘‘Justice Reinvestment’’ efforts that many states have successfully carried out, 

including Texas, Kansas, Michigan and many others. The House 

must be a full and engaged partner in this effort. Otherwise, we 

will continue to experience annual growth in our Federal inmate 

population and continued growth in the cost of incarcerating those 

inmates. 

The bill provides a small increase for Office on Violence Against 

Women grant programs, as well as a small increase for Crime Victims Fund programs. Many important grant programs are protected through level funding or healthy increases, including the 

Byrne-JAG formula grant program, the Victims of Trafficking program, the Youth Mentoring program, and the National Instant 

Background Check System grant program. 

However, State and Local grant programs at DOJ overall are cut 

by $378 million, or 17 percent, compared to FY 2012, even as state 

and local budgets continue to recover from historic losses in revVerDate Mar 15 2010 01:23 May 03, 2012 Jkt 073989 PO 00000 Frm 00129 Fmt 6604 Sfmt 6602 E:\HR\OC\HR463.XXX HR463

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enue. This represents a 50 percent cut to the grant programs just 

since FY 2010, and more than a 60 percent cut in these programs 

since FY 2001. 

Several important grant programs are eliminated entirely, including cutting edge, evidence-based programs like the Byrne 

Criminal Justice Innovation Program, the Children Exposed to Violence Initiative, the Community-Based Violence Prevention program, and the State and Local Help Desk and Diagnostic Center. 

Juvenile Justice programs overall are hit particularly hard, including the elimination of the Juvenile Accountability Block Grant program and the Local Delinquency Prevention Incentive Grant program. The COPS Hiring program is funded at only $40 million, a 

cut of $126 million (76 percent) from the FY 2012 level. The final 

FY 2013 CJS Act must invest more in these State and 1061 grant 

programs. 

SCIENCE

The Committee bill provides $24.9 billion for Title III science agencies, an increase of $74.6 million above FY 2012, but $178.2 

million below the request. 

The bill fully funds the Office of Science and Technology Policy, 

which plays a critical oversight and coordination function for 

science and technology activities across the executive branch, including a new initiative begun at the request of this subcommittee 

to better coordinate and strengthen neuroscience research. We are 

at the cusp of significant breakthroughs related to the treatment 

of brain injuries, cognitive developmental disorders, and 

neurodegenerative diseases like Parkinson’s and Alzheimer’s that 

will have tremendous implications for the mental health of the 

American people and the cost of healthcare. The National Science 

and Technology Council, which is coordinated through OSTP, is in 

the process of establishing a Neuroscience Working Group that we 

hope will lead to larger investments and better interagency coordination related to neuroscience research and technologies. 

The bill provides a total of $17.6 billion for the National Aeronautics and Space Administration (NASA), $137.6 million below 

the request, and $226.2 million below FY 2012. However, the bill 

provides strong funding levels for many important NASA programs. 

We are pleased that the James Webb Space Telescope is funded 

at the President’s request of $628 million. This telescope, scheduled 

to be launched in 2018, will be 100 times more powerful than the 

Hubble Space Telescope, and will greatly advance our scientific understanding of the universe, allowing us to see images of the first 

glows (or glimmers of light) after the Big Bang. 

NASA Space Technology is funded at $632.5 million, an increase 

of $57.5 million above FY 2012 though $66.5 million below the request. The activities funded in this account are critically important 

to the future of space travel, and will enable us to solve the technological challenges associated with traveling into deep space. 

NASA Commercial Crew Development is funded at $500 million, 

an increase of $94 million above FY 2012 though $330 million 

below the request. A strong funding level for this program is important to ensure that American-built and operated spacecraft will be 


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able to transport astronauts to the International Space Station as 

soon as possible. Until then, the United States will need to pay 

Russia at least $63 million per seat for the use of Soyuz spacecraft 

for this purpose. We strongly believe that it is important to ensure 

competition among multiple American companies for these transportation services, which will help ensure safe designs, affordability 

and sustainability. 

In the area of NASA Education, we are pleased that the committee mark maintains funding for the Minority University Research and Education program at the current level of $30 million. 

However, we are disappointed that NASA Education overall is cut 

by $38 million (28 percent) below the current level, including a 40 

percent cut to the Space Grant program and a 51 percent cut to 

the Experimental Program to Stimulate Competitive Research 

(EPSCOR) program. NASA’s education efforts help inspire students 

to pursue future careers in science, technology, engineering, and 

mathematics. 

The bill provides a healthy increase of $299.4 million (4.3 percent) for the National Science Foundation, although still $41 million below the request. We should keep in mind, however, that the 

Rising Above the Gathering Storm report prescribed a doubling of 

NSF funding that would have required a 44 percent higher funding 

level for NSF Research and Related Activities in FY 2013 than the 

bill actually provides and 50 percent more funding for NSF overall. 

Chairman Wolf is to be commended for making NSF funding a priority in the bill, but we believe we should be making much more 

of an investment in NSF than the allocation allows. 

RELATED AGENCIES

Title IV of the Committee bill provides $846.2 million for the related agencies under the jurisdiction of the CJS Subcommittee, a 

cut of $10.4 million below the FY 2012 level and $83 million below 

the amounts requested. 

Like last year, the Legal Services Corporation takes a disproportionate hit to its funding, with a cut of $20 million, or nearly 6 percent, when it should be getting an increase. This cut would come 

on top of the $56 million cut to LSC in FY 2012. With some 60 million impoverished Americans eligible for legal aid services, the recession has drastically increased the need for legal aid for those 

who cannot afford it. 

At the funding level in the House Committee bill, local legal 

services programs would be forced to lay off of at least 110 staff 

attorneys, approximately 24 offices would be forced to close, primarily in rural areas, and access to an attorney would be significantly reduced for Americans living outside of major cities. Overall, 

an estimated 55,000 fewer impoverished Americans would be 

served nationwide, and 22,000 fewer cases would be closed. This includes returning veterans seeking benefits, elderly victims of foreclosure, and women seeking safety for themselves and their children from domestic violence. There would be a disproportionately 

large impact on those programs that currently rely most heavily on 

LSC grants, including those in Alabama, Mississippi, South Dakota, Wyoming, Connecticut, Massachusetts and Nevada. 


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This additional cut would come at a time when the still-recovering economy has translated into declining funding from non-LSC 

sources, reduced by $12 million in the last year alone. LSC, and 

the legal aid programs it supports, helps to ensure that access to 

justice is not limited to only those who can afford an attorney. Both 

the President and the Senate Committee recognize the need for additional funding by recommending $402 million for the LSC. We 

are hopeful that we can reach an agreement at the end of this process that allows for this level of funding. The bill provides $366.6 million for the Equal Employment Op- portunity Commission (EEOC), an increase of $6.7 million above 

the FY 2012 level but $7.1 million below the amount requested. 

ALLOCATION

It is unfortunate that the process has been unable, so far, to 

overcome the limitations imposed by the Ryan budget. We are extremely disappointed that House Republicans walked away from 

the bipartisan agreement to establish $1.047 trillion as the Committee’s allocation. A majority of their conference voted for the 

Budget Control Act agreement less than nine months ago. By reneging on the agreement, House Republicans put themselves at 

odds with House Democrats, the White House, Senate Democrats, 

and Senate Republicans. Senate Minority Leader McConnell recently voted for allocations at $1.047 and Ranking Member Cochran stated that it’s appropriate ‘‘for the Committee to proceed on 

the basis of the discretionary caps enacted into law.’’ House Republicans have introduced uncertainty about the discretionary allocation, and about whether the House majority will threaten to shut 

down the government. This uncertainty will slow down the appropriations process, and the austere House allocation, if it stands, 

will stall economic growth and impede job creation. 

While the level of funding in the FY 2013 Commerce, Justice, 

Science and Related Agencies (CJS) Appropriations bill may not be 

as low as a strict proportional reduction based on the Ryan budget, 

and it is certainly better than what the subcommittee had to work 

with at the beginning of the FY 2012 process, it is nevertheless inadequate to meet the needs of many programs and activities in the 

bill. 

In comparison, the allocation for the Senate CJS bill is $731 million higher than the House allocation. It is no coincidence, then, 

that the Senate Appropriations Committee approved its CJS bill on 

April 19, 2012, with significant bipartisan support. The House bill, 

on the other hand, contains funding levels in several areas that are 

difficult for Democrats to support. 

COMMITTEE AMENDMENTS

Although the Chairman’s mark was free of any new controversial 

riders, three amendments were adopted during Committee consideration of the bill that we find troubling. First, the Committee 

adopted an amendment that would prevent the enforcement of an 

existing requirement that Federal firearms licensees (FFLs) in four 

southwest Border States report to the National Tracing Center on 

the sale of certain kinds of rifles favored by the Mexican drug cartels. This reporting requirement is narrow and targeted, applying 


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only to the four border states (Texas, Arizona, New Mexico and 

California), and only when a dealer sells two or more qualifying 

long guns to a single individual within five business days. Qualifying guns are rifles that (1) are semi-automatic; (2) are greater 

than .22 caliber; and (3) can hold a detachable magazine. It does 

not apply to shotguns or the vast majority of rifles regularly used 

for hunting or sporting purposes. 

This reporting requirement is identical to one that has existed 

for decades for handguns, and in no way does it hinder the ability 

of any law-abiding person to purchase as many rifles as they desire. It is not an undue burden on FFLs, with the time to complete 

a multiple sales form estimated at 12 minutes and an estimated 

annual cost in employee time of only $16. 

During the first six months it has been in effect, this very limited 

reporting requirement has already proven to be an important tool 

for Federal law enforcement in the effort to uncover illegal trafficking operations intended to supply semi-automatic weapons to 

the violent drug gangs across the border. According to the Bureau 

of Alcohol, Tobacco, Firearms, and Explosives (ATF), these multiple 

sales reports have led to the recommendation of 100 defendants for 

prosecution, including both alleged straw purchasers and others 

further up the firearms trafficking chain. Also according to ATF, 

the reporting requirement is forcing firearms traffickers to change 

tactics, making straw purchases more difficult and serving as a deterrent for many people who might have engaged in straw purchasing in the past. 

This is not about gun control or compiling a registry of long gun 

owners. Information that does not become part of a trafficking investigation is purged from ATF records within two years. This is 

a law enforcement response to the evidence from successful tracings of weapons recovered in Mexico. Recent tracings show that a 

large number of these weapons were first sold by licensed gun dealers in California, Arizona, New Mexico, or Texas. 

A U.S. District Judge ruled in January that this reporting requirement is a reasonable law enforcement tactic. Given that an 

appeal of that decision is likely, we should let the courts resolve 

the legal question. This Committee simply has no business in tying 

the hands of law enforcement agencies as they attempt to carry out 

Federal law. 

A second amendment was adopted that would prohibit the use of 

funds to implement, administer, or enforce final regulations on 

‘‘Disparate Impact and Reasonable Factors Other Than Age Under 

the Age Discrimination in Employment Act,’’ published by the 

Equal Employment Opportunity Commission (EEOC) in the federal 

Register on March 30, 2012. The EEOC regulation this amendment 

would negate is a response to a Supreme Court ruling against an 

earlier, stricter EEOC standard. The regulation requires that business be prepared to show that their practices are based on a reasonable factor other than age, which means that they are reasonably designed and administered to achieve a legitimate business 

purpose, while taking into account potential harm to older workers. 

A third adopted amendment would prohibit the use of funds to 

implement an existing regulatory requirement for public entities, 

places of public accommodation, and commercial facilities to proVerDate Mar 15 2010 01:23 May 03, 2012 Jkt 073989 PO 00000 Frm 00133 Fmt 6604 Sfmt 6602 E:\HR\OC\HR463.XXX HR463

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vide a permanent means of accessible entry to pools and spas 

under titles II and III of the Americans with Disabilities Act, even 

when it is readily achievable to do so. 

Disagreements about the appropriateness of agency regulations 

are natural and understandable. It is problematic, however, when 

the appropriations process is used to categorically circumvent the 

statute-based agency rulemaking process. 

We want to reiterate our appreciation for the Subcommittee 

Chairman’s adherence to regular order in drafting the bill and taking it through the full Committee. We look forward to continuing 

to work cooperatively with him and our Committee colleagues to 

improve the CJS bill as we continue through the appropriations 

process. 

NORM DICKS. 

CHAKA FATTAH. 

Æ 


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