IB 

Union Calendar No. 324 

112TH CONGRESS 

2D SESSION H. R. 5326 

[Report No. 112–463] 

Making appropriations for the Departments of Commerce and Justice, 

Science, and Related Agencies for the fiscal year ending September 

30, 2013, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 2, 2012 

Mr. WOLF, from the Committee on Appropriations, reported the following bill; 

which was committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

A BILL 

Making appropriations for the Departments of Commerce 

and Justice, Science, and Related Agencies for the fiscal 

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


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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2013, and for other pur6 poses, namely: 

7 TITLE I 

8 DEPARTMENT OF COMMERCE 

9 INTERNATIONAL TRADE ADMINISTRATION

10 OPERATIONS AND ADMINISTRATION

11 For necessary expenses for international trade activi12 ties of the Department of Commerce provided for by law, 

13 and for engaging in trade promotional activities abroad, 

14 including expenses of grants and cooperative agreements 

15 for the purpose of promoting exports of United States 

16 firms, without regard to sections 3702 and 3703 of title 

17 44, United States Code; full medical coverage for depend18 ent members of immediate families of employees stationed 

19 overseas and employees temporarily posted overseas; travel 

20 and transportation of employees of the International 

21 Trade Administration between two points abroad, without 

22 regard to section 40118 of title 49, United States Code; 

23 employment of citizens of the United States and aliens by 

24 contract for services; rental of space abroad for periods 

25 not exceeding 10 years, and expenses of alteration, repair, 


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1 or improvement; purchase or construction of temporary 

2 demountable exhibition structures for use abroad; pay3 ment of tort claims, in the manner authorized in the first 

4 paragraph of section 2672 of title 28, United States Code, 

5 when such claims arise in foreign countries; not to exceed 

6 $294,300 for official representation expenses abroad; pur7 chase of passenger motor vehicles for official use abroad, 

8 not to exceed $45,000 per vehicle; obtaining insurance on 

9 official motor vehicles; and rental of tie lines, 

10 $467,737,000, to remain available until September 30, 

11 2014, of which $9,439,000 is to be derived from fees to 

12 be retained and used by the International Trade Adminis13 tration, notwithstanding section 3302 of title 31, United 

14 States Code: Provided, That, of amounts provided under 

15 this heading, not less than $11,400,000 shall be for China 

16 antidumping and countervailing duty enforcement and 

17 compliance activities: Provided further, That the provisions 

18 of the first sentence of section 105(f) and all of section 

19 108(c) of the Mutual Educational and Cultural Exchange 

20 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 

21 in carrying out these activities; and that for the purpose 

22 of this Act, contributions under the provisions of the Mu23 tual Educational and Cultural Exchange Act of 1961 shall 

24 include payment for assessments for services provided as 

25 part of these activities. 


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1 BUREAU OF INDUSTRY AND SECURITY

2 OPERATIONS AND ADMINISTRATION

3 For necessary expenses for export administration and 

4 national security activities of the Department of Com5 merce, including costs associated with the performance of 

6 export administration field activities both domestically and 

7 abroad; full medical coverage for dependent members of 

8 immediate families of employees stationed overseas; em9 ployment of citizens of the United States and aliens by 

10 contract for services abroad; payment of tort claims, in 

11 the manner authorized in the first paragraph of section 

12 2672 of title 28, United States Code, when such claims 

13 arise in foreign countries; not to exceed $13,500 for offi14 cial representation expenses abroad; awards of compensa15 tion to informers under the Export Administration Act of 

16 1979, and as authorized by section 1(b) of the Act of June 

17 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase 

18 of passenger motor vehicles for official use and motor vehi19 cles for law enforcement use with special requirement vehi20 cles eligible for purchase without regard to any price limi21 tation otherwise established by law, $101,000,000, to re22 main available until expended: Provided, That the provi23 sions of the first sentence of section 105(f) and all of sec24 tion 108(c) of the Mutual Educational and Cultural Ex25 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 


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1 apply in carrying out these activities: Provided further, 

2 That payments and contributions collected and accepted 

3 for materials or services provided as part of such activities 

4 may be retained for use in covering the cost of such activi5 ties, and for providing information to the public with re6 spect to the export administration and national security 

7 activities of the Department of Commerce and other ex8 port control programs of the United States and other gov9 ernments. 

10 ECONOMIC DEVELOPMENT ADMINISTRATION

11 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

12 For grants for economic development assistance as 

13 provided by the Public Works and Economic Development 

14 Act of 1965, for trade adjustment assistance, for the cost 

15 of loan guarantees authorized by section 26 of the Steven16 son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 

17 3721), and for grants, $182,000,000, to remain available 

18 until expended; of which $5,000,000 shall be for projects 

19 to facilitate the relocation, to the United States, of a 

20 source of employment located outside the United States; 

21 and of which up to $5,000,000 shall be for loan guaran22 tees under section 26: Provided, That the costs for loan 

23 guarantees, including the cost of modifying such loans, 

24 shall be as defined in section 502 of the Congressional 

25 Budget Act of 1974: Provided further, That these funds 


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1 for loan guarantees under such section 26 are available 

2 to subsidize total loan principal, any part of which is to 

3 be guaranteed, not to exceed $70,000,000. 

4 SALARIES AND EXPENSES

5 For necessary expenses of administering the eco6 nomic development assistance programs as provided for by 

7 law, $37,500,000: Provided, That these funds may be used 

8 to monitor projects approved pursuant to title I of the 

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

10 Trade Act of 1974, and the Community Emergency 

11 Drought Relief Act of 1977. 

12 MINORITY BUSINESS DEVELOPMENT AGENCY

13 MINORITY BUSINESS DEVELOPMENT

14 For necessary expenses of the Department of Com15 merce in fostering, promoting, and developing minority 

16 business enterprise, including expenses of grants, con17 tracts, and other agreements with public or private organi18 zations, $28,689,000. 

19 ECONOMIC AND STATISTICAL ANALYSIS

20 SALARIES AND EXPENSES

21 For necessary expenses, as authorized by law, of eco22 nomic and statistical analysis programs of the Department 

23 of Commerce, $96,000,000, to remain available until Sep24 tember 30, 2014. 


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1 BUREAU OF THE CENSUS

2 SALARIES AND EXPENSES

3 For necessary expenses for collecting, compiling, ana4 lyzing, preparing and publishing statistics, provided for by 

5 law, $253,336,000: Provided, That, from amounts pro6 vided herein, funds may be used for promotion, outreach, 

7 and marketing activities. 

8 PERIODIC CENSUSES AND PROGRAMS

9 For necessary expenses for collecting, compiling, ana10 lyzing, preparing and publishing statistics for periodic cen11 suses and programs, provided for by law, $625,357,000, 

12 to remain available until September 30, 2014: Provided, 

13 That from amounts provided herein, funds may be used 

14 for promotion, outreach, and marketing activities. 

15 NATIONAL TELECOMMUNICATIONS AND INFORMATION

16 ADMINISTRATION

17 SALARIES AND EXPENSES

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

19 the National Telecommunications and Information Ad20 ministration (NTIA), $45,568,000, to remain available 

21 until September 30, 2014: Provided, That, notwith22 standing 31 U.S.C. 1535(d), the Secretary of Commerce 

23 shall charge Federal agencies for costs incurred in spec24 trum management, analysis, operations, and related serv25 ices, and such fees shall be retained and used as offsetting 


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1 collections for costs of such spectrum services, to remain 

2 available until expended: Provided further, That the Sec3 retary of Commerce is authorized to retain and use as off4 setting collections all funds transferred, or previously 

5 transferred, from other Government agencies for all costs 

6 incurred in telecommunications research, engineering, and 

7 related activities by the Institute for Telecommunication 

8 Sciences of NTIA, in furtherance of its assigned functions 

9 under this paragraph, and such funds received from other 

10 Government agencies shall remain available until ex11 pended. 

12 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

13 AND CONSTRUCTION

14 For the administration of prior-year grants, recov15 eries and unobligated balances of funds previously appro16 priated are available for the administration of all open 

17 grants until their expiration. 

18 U.S. PATENT AND TRADEMARK OFFICE

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses of the United States Patent 

22 and Trademark Office (USPTO) provided for by law, in23 cluding defense of suits instituted against the Under Sec24 retary of Commerce for Intellectual Property and Director 

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


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1 expended: Provided, That the sum herein appropriated 

2 from the general fund shall be reduced as offsetting collec3 tions of fees and surcharges assessed and collected by the 

4 USPTO under any law are received during fiscal year 

5 2013, so as to result in a fiscal year 2013 appropriation 

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

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

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

9 this amount shall be reduced accordingly: Provided fur10 ther, That any amount received in excess of 

11 $2,933,241,000 in fiscal year 2013 and deposited in the 

12 Patent and Trademark Fee Reserve Fund shall remain 

13 available until expended: Provided further, That the Direc14 tor of USPTO shall submit a spending plan to the Com15 mittees on Appropriations of the House of Representatives 

16 and the Senate for any amounts made available by the 

17 preceding proviso and such spending plan shall be treated 

18 as a reprogramming under section 505 of this Act and 

19 shall not be available for obligation or expenditure except 

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

21 Provided further, That from amounts provided herein, not 

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

23 for official reception and representation expenses: Pro24 vided further, That in fiscal year 2013 from the amounts 

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


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

2 between the percentage of basic pay contributed by the 

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

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

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

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

7 specific use, of basic pay, of employees subject to sub8 chapter III of chapter 83 of that title, and (2) the present 

9 value of the otherwise unfunded accruing costs, as deter10 mined by OPM for USPTO’s specific use of post-retire11 ment life insurance and post-retirement health benefits 

12 coverage for all USPTO employees who are enrolled in 

13 Federal Employees Health Benefits (FEHB) and Federal 

14 Employees Group Life Insurance (FEGLI), shall be trans15 ferred to the Civil Service Retirement and Disability 

16 Fund, the FEGLI Fund, and the FEHB Fund, as appro17 priate, and shall be available for the authorized purposes 

18 of those accounts: Provided further, That any differences 

19 between the present value factors published in OPM’s 

20 yearly 300 series benefit letters and the factors that OPM 

21 provides for USPTO’s specific use shall be recognized as 

22 an imputed cost on USPTO’s financial statements, where 

23 applicable: Provided further, That, notwithstanding any 

24 other provision of law, all fees and surcharges assessed 

25 and collected by USPTO are available for USPTO only 


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1 pursuant to section 42(c) of title 35, United States Code, 

2 as amended by section 22 of the Leahy-Smith America 

3 Invents Act (Public Law 112–29): Provided further, That 

4 within the amounts appropriated, $2,000,000 shall be 

5 transferred to the ‘‘Office of Inspector General’’ account 

6 for activities associated with carrying out investigations 

7 and audits related to the USPTO. 

8 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

9 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

10 For necessary expenses of the National Institute of 

11 Standards and Technology, $621,173,000, to remain 

12 available until expended, of which not to exceed 

13 $9,000,000 may be transferred to the ‘‘Working Capital 

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

15 official reception and representation expenses. 

16 INDUSTRIAL TECHNOLOGY SERVICES

17 For necessary expenses for industrial technology 

18 services, $149,000,000, to remain available until ex19 pended, of which $128,000,000 shall be for the Manufac20 turing Extension Partnership, and of which $21,000,000 

21 shall be for the Advanced Manufacturing Technology Con22 sortia. 

23 CONSTRUCTION OF RESEARCH FACILITIES

24 For construction of new research facilities, including 

25 architectural and engineering design, and for renovation 


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1 and maintenance of existing facilities, not otherwise pro2 vided for the National Institute of Standards and Tech3 nology, as authorized by sections 13 through 15 of the 

4 National Institute of Standards and Technology Act (15 

5 U.S.C. 278c–278e), $60,000,000, to remain available until 

6 expended: Provided, That the Secretary of Commerce shall 

7 include in the budget justification materials that the Sec8 retary submits to Congress in support of the Department 

9 of Commerce budget (as submitted with the budget of the 

10 President under section 1105(a) of title 31, United States 

11 Code) an estimate for each National Institute of Stand12 ards and Technology construction project having a total 

13 multi-year program cost of more than $5,000,000 and si14 multaneously the budget justification materials shall in15 clude an estimate of the budgetary requirements for each 

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

17 NATIONAL OCEANIC AND ATMOSPHERIC

18 ADMINISTRATION

19 OPERATIONS, RESEARCH, AND FACILITIES

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of activities authorized by law 

22 for the National Oceanic and Atmospheric Administration, 

23 including maintenance, operation, and hire of aircraft and 

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

25 organizations for the purposes of conducting activities 


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1 pursuant to cooperative agreements; and relocation of fa2 cilities, $2,968,371,000, to remain available until Sep3 tember 30, 2014, except that funds provided for coopera4 tive enforcement shall remain available until September 

5 30, 2015: Provided, That fees and donations received by 

6 the National Ocean Service for the management of na7 tional marine sanctuaries may be retained and used for 

8 the salaries and expenses associated with those activities, 

9 notwithstanding section 3302 of title 31, United States 

10 Code: Provided further, That in addition, $119,064,000 

11 shall be derived by transfer from the fund entitled ‘‘Pro12 mote and Develop Fishery Products and Research Per13 taining to American Fisheries’’: Provided further, That of 

14 the $3,102,435,000 provided for in direct obligations 

15 under this heading, $2,968,371,000 is appropriated from 

16 the general fund, $119,064,000 is provided by transfer, 

17 and $15,000,000 is derived from recoveries of prior year 

18 obligations: Provided further, That the total amount avail19 able for National Oceanic and Atmospheric Administra20 tion corporate services administrative support costs shall 

21 not exceed $207,013,000: Provided further, That any devi22 ation from the amounts designated for specific activities 

23 in the statement accompanying this Act, or any use of 

24 deobligated balances of funds provided under this heading 


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1 in previous years, shall be subject to the procedures set 

2 forth in section 505 of this Act. 

3 In addition, for necessary retired pay expenses under 

4 the Retired Serviceman’s Family Protection and Survivor 

5 Benefits Plan, and for payments for the medical care of 

6 retired personnel and their dependents under the Depend7 ents Medical Care Act (10 U.S.C. 55), such sums as may 

8 be necessary. 

9 PROCUREMENT, ACQUISITION AND CONSTRUCTION

10 For procurement, acquisition and construction of 

11 capital assets, including alteration and modification costs, 

12 of the National Oceanic and Atmospheric Administration, 

13 $1,931,948,000, to remain available until September 30, 

14 2015, except that funds provided for construction of facili15 ties shall remain available until expended: Provided, That 

16 of the $1,946,948,000 provided for in direct obligations 

17 under this heading, $1,931,948,000 is appropriated from 

18 the general fund and $15,000,000 is provided from recov19 eries of prior year obligations: Provided further, That any 

20 deviation from the amounts designated for specific activi21 ties in the statement accompanying this Act, or any use 

22 of deobligated balances of funds provided under this head23 ing in previous years, shall be subject to the procedures 

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

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1 tification materials that the Secretary submits to Congress 

2 in support of the Department of Commerce budget (as 

3 submitted with the budget of the President under section 

4 1105(a) of title 31, United States Code) an estimate for 

5 each National Oceanic and Atmospheric Administration 

6 procurement, acquisition or construction project having a 

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

8 budget justification shall include an estimate of the budg9 etary requirements for each such project for each of the 

10 5 subsequent fiscal years. 

11 PACIFIC COASTAL SALMON RECOVERY

12 For necessary expenses associated with the restora13 tion of Pacific salmon populations, $65,000,000, to re14 main available until September 30, 2014: Provided, That, 

15 of the funds provided herein, the Secretary of Commerce 

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

17 Idaho, Nevada, California, and Alaska, and to the Feder18 ally recognized tribes of the Columbia River and Pacific 

19 Coast (including Alaska), for projects necessary for con20 servation of salmon and steelhead populations that are 

21 listed as threatened or endangered, or that are identified 

22 by a State as at-risk to be so listed, for maintaining popu23 lations necessary for exercise of tribal treaty fishing rights 

24 or native subsistence fishing, or for conservation of Pacific 

25 coastal salmon and steelhead habitat, based on guidelines 


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1 to be developed by the Secretary of Commerce: Provided 

2 further, That all funds shall be allocated based on sci3 entific and other merit principles and shall not be available 

4 for marketing activities: Provided further, That funds dis5 bursed to States shall be subject to a matching require6 ment of funds or documented in-kind contributions of at 

7 least 33 percent of the Federal funds. 

8 FISHERMEN’S CONTINGENCY FUND

9 For carrying out the provisions of title IV of Public 

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

11 receipts collected pursuant to that Act, to remain available 

12 until expended. 

13 FISHERIES FINANCE PROGRAM ACCOUNT

14 Subject to section 502 of the Congressional Budget 

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

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

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

18 direct loans as authorized by the Merchant Marine Act 

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

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

21 new fishing vessel that will increase the harvesting capac22 ity in any United States fishery. 


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1 DEPARTMENTAL MANAGEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for the management of the 

4 Department of Commerce provided for by law, including 

5 not to exceed $4,500 for official reception and representa6 tion, $55,000,000: Provided, That the Secretary of Com7 merce shall maintain a task force on job repatriation and 

8 manufacturing growth and shall produce an annual report 

9 on related incentive strategies, implementation plans and 

10 program results. 

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector 

13 General in carrying out the provisions of the Inspector 

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

15 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

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

17 appropriations and funds made available to the Depart18 ment of Commerce by this Act shall be available for the 

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

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

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

22 be used for advanced payments not otherwise authorized 

23 only upon the certification of officials designated by the 

24 Secretary of Commerce that such payments are in the 

25 public interest. 


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1 SEC. 102. During the current fiscal year, appropria2 tions made available to the Department of Commerce by 

3 this Act for salaries and expenses shall be available for 

4 hire of passenger motor vehicles as authorized by 31 

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

6 3109; and uniforms or allowances therefor, as authorized 

7 by law (5 U.S.C. 5901–5902). 

8 SEC. 103. Not to exceed 5 percent of any appropria9 tion made available for the current fiscal year for the De10 partment of Commerce in this Act may be transferred be11 tween such appropriations, but no such appropriation shall 

12 be increased by more than 10 percent by any such trans13 fers: Provided, That any transfer pursuant to this section 

14 shall be treated as a reprogramming of funds under sec15 tion 505 of this Act and shall not be available for obliga16 tion or expenditure except in compliance with the proce17 dures set forth in that section: Provided further, That the 

18 Secretary of Commerce shall notify the Committees on Ap19 propriations at least 15 days in advance of the acquisition 

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

21 and equipment) not specifically provided for in this Act 

22 or any other law appropriating funds for the Department 

23 of Commerce. 

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

25 agency funded under this title resulting from personnel 


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1 actions taken in response to funding reductions included 

2 in this title or from actions taken for the care and protec3 tion of loan collateral or grant property shall be absorbed 

4 within the total budgetary resources available to such de5 partment or agency: Provided, That the authority to trans6 fer funds between appropriations accounts as may be nec7 essary to carry out this section is provided in addition to 

8 authorities included elsewhere in this Act: Provided fur9 ther, That use of funds to carry out this section shall be 

10 treated as a reprogramming of funds under section 505 

11 of this Act and shall not be available for obligation or ex12 penditure except in compliance with the procedures set 

13 forth in that section. 

14 SEC. 105. (a) Section 105(f) of the Commerce, Jus15 tice, Science, and Related Agencies Appropriations Act, 

16 2012 (Public Law 112–55) is amended— 

17 (1) by striking ‘‘paragraph (2)’’ and inserting 

18 ‘‘subsection (e)(2)’’; and 

19 (2) by striking ‘‘this subsection’’ and inserting 

20 ‘‘subsection (e)’’. 

21 (b) The requirements set forth by section 105 of the 

22 Commerce, Justice, Science, and Related Agencies Appro23 priations Act, 2012 (Public Law 112–55), as amended by 

24 subsection (a) of this section, are hereby adopted by ref25 erence. 


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1 SEC. 106. Notwithstanding any other provision of 

2 law, the Secretary may furnish services (including but not 

3 limited to utilities, telecommunications, and security serv4 ices) necessary to support the operation, maintenance, and 

5 improvement of space that persons, firms, or organizations 

6 are authorized, pursuant to the Public Buildings Coopera7 tive Use Act of 1976 or other authority, to use or occupy 

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

9 other buildings, the maintenance, operation, and protec10 tion of which has been delegated to the Secretary from 

11 the Administrator of General Services pursuant to the 

12 Federal Property and Administrative Services Act of 1949 

13 on a reimbursable or non-reimbursable basis. Amounts re14 ceived as reimbursement for services provided under this 

15 section or the authority under which the use or occupancy 

16 of the space is authorized, up to $200,000, shall be cred17 ited to the appropriation or fund which initially bears the 

18 costs of such services. 

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

20 prevent a grant recipient from deterring child pornog21 raphy, copyright infringement, or any other unlawful ac22 tivity over its networks. 

23 SEC. 108. The Administrator of the National Oceanic 

24 and Atmospheric Administration is authorized to use, with 

25 their consent, with reimbursement and subject to the limVerDate Mar 15 2010 22:26 May 02, 2012 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H5326.RH H5326

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1 its of available appropriations, the land, services, equip2 ment, personnel, and facilities of any department, agency, 

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

4 local government, Indian tribal government, Territory, or 

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

6 any foreign government or international organization, for 

7 purposes related to carrying out the responsibilities of any 

8 statute administered by the National Oceanic and Atmos9 pheric Administration. 

10 SEC. 109. The Department of Commerce shall pro11 vide a monthly report to the Committees on Appropria12 tions of the House of Representatives and the Senate on 

13 any official travel to China by any employee of the U.S. 

14 Department of Commerce, including the purpose of such 

15 travel. 

16 This title may be cited as the ‘‘Department of Com17 merce Appropriations Act, 2013’’. 

18 TITLE II 

19 DEPARTMENT OF JUSTICE 

20 GENERAL ADMINISTRATION

21 SALARIES AND EXPENSES

22 For expenses necessary for the administration of the 

23 Department of Justice, $110,322,000, of which not to ex24 ceed $4,000,000 for security and construction of DepartVerDate Mar 15 2010 22:26 May 02, 2012 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H5326.RH H5326

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1 ment of Justice facilities shall remain available until ex2 pended. 

3 JUSTICE INFORMATION SHARING TECHNOLOGY

4 For necessary expenses for information sharing tech5 nology, including planning, development, deployment and 

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

7 until expended. 

8 ADMINISTRATIVE REVIEW AND APPEALS

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses necessary for the administration of par11 don and clemency petitions and immigration-related activi12 ties, $313,438,000, of which $4,000,000 shall be derived 

13 by transfer from the Executive Office for Immigration Re14 view fees deposited in the ‘‘Immigration Examinations 

15 Fee’’ account. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector 

18 General, $84,199,000, including not to exceed $10,000 to 

19 meet unforeseen emergencies of a confidential character. 

20 UNITED STATES PAROLE COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the United States Parole 

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


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1 LEGAL ACTIVITIES

2 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

3 For expenses necessary for the legal activities of the 

4 Department of Justice, not otherwise provided for, includ5 ing not to exceed $20,000 for expenses of collecting evi6 dence, to be expended under the direction of, and to be 

7 accounted for solely under the certificate of, the Attorney 

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

9 in the District of Columbia, $863,367,000, of which not 

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

11 shall remain available until expended: Provided, That of 

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

13 be available to INTERPOL Washington for official recep14 tion and representation expenses: Provided further, That 

15 notwithstanding section 205 of this Act, upon a deter16 mination by the Attorney General that emergent cir17 cumstances require additional funding for litigation activi18 ties of the Civil Division, the Attorney General may trans19 fer such amounts to ‘‘Salaries and Expenses, General 

20 Legal Activities’’ from available appropriations for the 

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

22 be necessary to respond to such circumstances: Provided 

23 further, That any transfer pursuant to the previous pro24 viso shall be treated as a reprogramming under section 

25 505 of this Act and shall not be available for obligation 


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1 or expenditure except in compliance with the procedures 

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

3 amount appropriated, such sums as may be necessary 

4 shall be available to reimburse the Office of Personnel 

5 Management for salaries and expenses associated with the 

6 election monitoring program under section 8 of the Voting 

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

8 That of the amounts provided under this heading for the 

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

10 available until expended. 

11 In addition, for reimbursement of expenses of the De12 partment of Justice associated with processing cases 

13 under the National Childhood Vaccine Injury Act of 1986, 

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

15 Vaccine Injury Compensation Trust Fund. 

16 SALARIES AND EXPENSES, ANTITRUST DIVISION

17 For expenses necessary for the enforcement of anti18 trust and kindred laws, $159,587,000, to remain available 

19 until expended: Provided, That notwithstanding any other 

20 provision of law, fees collected for premerger notification 

21 filings under the Hart-Scott-Rodino Antitrust Improve22 ments Act of 1976 (15 U.S.C. 18a), regardless of the year 

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

24 year 2013), shall be retained and used for necessary ex25 penses in this appropriation, and shall remain available 


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1 until expended: Provided further, That the sum herein ap2 propriated from the general fund shall be reduced as such 

3 offsetting collections are received during fiscal year 2013, 

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

5 from the general fund estimated at $44,587,000. 

6 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

7 For necessary expenses of the Offices of the United 

8 States Attorneys, including inter-governmental and coop9 erative agreements, $1,965,000,000: Provided, That of the 

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

11 available for official reception and representation ex12 penses: Provided further, That not to exceed $25,000,000 

13 shall remain available until expended: Provided further, 

14 That each United States Attorney shall establish or par15 ticipate in a United States Attorney-led task force on 

16 human trafficking. 

17 UNITED STATES TRUSTEE SYSTEM FUND

18 For necessary expenses of the United States Trustee 

19 Program, as authorized, $223,258,000, to remain avail20 able until expended and to be derived from the United 

21 States Trustee System Fund: Provided, That, notwith22 standing any other provision of law, deposits to the Fund 

23 shall be available in such amounts as may be necessary 

24 to pay refunds due depositors: Provided further, That, not25 withstanding any other provision of law, $223,258,000 of 


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1 offsetting collections pursuant to section 589a(b) of title 

2 28, United States Code, shall be retained and used for 

3 necessary expenses in this appropriation and shall remain 

4 available until expended: Provided further, That the sum 

5 herein appropriated from the Fund shall be reduced as 

6 such offsetting collections are received during fiscal year 

7 2013, so as to result in a final fiscal year 2013 appropria8 tion from the Fund estimated at $0. 

9 SALARIES AND EXPENSES, FOREIGN CLAIMS

10 SETTLEMENT COMMISSION

11 For expenses necessary to carry out the activities of 

12 the Foreign Claims Settlement Commission, including 

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

14 States Code, $2,000,000. 

15 FEES AND EXPENSES OF WITNESSES

16 For fees and expenses of witnesses, for expenses of 

17 contracts for the procurement and supervision of expert 

18 witnesses, for private counsel expenses, including ad19 vances, and for expenses of foreign counsel, $270,000,000, 

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

21 $10,000,000 is for construction of buildings for protected 

22 witness safesites; not to exceed $3,000,000 is for the pur23 chase and maintenance of armored and other vehicles for 

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

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1 grade of secure telecommunications equipment and a se2 cure automated information network to store and retrieve 

3 the identities and locations of protected witnesses. 

4 SALARIES AND EXPENSES, COMMUNITY RELATIONS

5 SERVICE

6 For necessary expenses of the Community Relations 

7 Service, $11,456,000: Provided, That notwithstanding sec8 tion 205 of this Act, upon a determination by the Attorney 

9 General that emergent circumstances require additional 

10 funding for conflict resolution and violence prevention ac11 tivities of the Community Relations Service, the Attorney 

12 General may transfer such amounts to the Community Re13 lations Service, from available appropriations for the cur14 rent fiscal year for the Department of Justice, as may be 

15 necessary to respond to such circumstances: Provided fur16 ther, That any transfer pursuant to the preceding proviso 

17 shall be treated as a reprogramming under section 505 

18 of this Act and shall not be available for obligation or ex19 penditure except in compliance with the procedures set 

20 forth in that section. 

21 ASSETS FORFEITURE FUND

22 For expenses authorized by subparagraphs (B), (F), 

23 and (G) of section 524(c)(1) of title 28, United States 

24 Code, $20,948,000, to be derived from the Department 

25 of Justice Assets Forfeiture Fund. 


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1 UNITED STATES MARSHALS SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Mar4 shals Service, $1,188,488,000, of which not to exceed 

5 $6,000 shall be available for official reception and rep6 resentation expenses, and not to exceed $15,000,000 shall 

7 remain available until expended. 

8 CONSTRUCTION

9 For construction in space controlled, occupied or uti10 lized by the United States Marshals Service for prisoner 

11 holding and related support, $10,000,000, to remain avail12 able until expended. 

13 FEDERAL PRISONER DETENTION

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses related to United States pris16 oners in the custody of the United States Marshals Service 

17 as authorized by section 4013 of title 18, United States 

18 Code, $1,647,383,000, to remain available until expended: 

19 Provided, That not to exceed $20,000,000 shall be consid20 ered ‘‘funds appropriated for State and local law enforce21 ment assistance’’ pursuant to section 4013(b) of title 18, 

22 United States Code: Provided further, That the United 

23 States Marshals Service shall be responsible for managing 

24 the Justice Prisoner and Alien Transportation System: 

25 Provided further, That any unobligated balances available 


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1 from funds appropriated under the heading ‘‘General Ad2 ministration, Detention Trustee’’ shall be transferred to 

3 and merged with the appropriation under this heading. 

4 NATIONAL SECURITY DIVISION

5 SALARIES AND EXPENSES

6 For expenses necessary to carry out the activities of 

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

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

9 shall remain available until expended: Provided, That not10 withstanding section 205 of this Act, upon a determina11 tion by the Attorney General that emergent circumstances 

12 require additional funding for the activities of the National 

13 Security Division, the Attorney General may transfer such 

14 amounts to this heading from available appropriations for 

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

16 may be necessary to respond to such circumstances: Pro17 vided further, That any transfer pursuant to the preceding 

18 proviso shall be treated as a reprogramming under section 

19 505 of this Act and shall not be available for obligation 

20 or expenditure except in compliance with the procedures 

21 set forth in that section. 

22 INTERAGENCY LAW ENFORCEMENT

23 INTERAGENCY CRIME AND DRUG ENFORCEMENT

24 For necessary expenses for the identification, inves25 tigation, and prosecution of individuals associated with the 


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1 most significant drug trafficking, and affiliated money 

2 laundering organizations not otherwise provided for, to in3 clude inter-governmental agreements with State and local 

4 law enforcement agencies engaged in the investigation and 

5 prosecution of individuals involved in organized crime drug 

6 trafficking, $521,793,000, of which $50,000,000 shall re7 main available until expended: Provided, That any 

8 amounts obligated from appropriations under this heading 

9 may be used under authorities available to the organiza10 tions reimbursed from this appropriation. 

11 FEDERAL BUREAU OF INVESTIGATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Bureau of In14 vestigation for detection, investigation, and prosecution of 

15 crimes against the United States, $8,185,007,000, of 

16 which not to exceed $216,000,000 shall remain available 

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

18 shall be available for official reception and representation 

19 expenses. 

20 CONSTRUCTION

21 For necessary expenses, to include the cost of equip22 ment, furniture, and information technology requirements, 

23 related to construction or acquisition of buildings, facili24 ties and sites by purchase, or as otherwise authorized by 

25 law; conversion, modification and extension of FederallyVerDate Mar 15 2010 22:26 May 02, 2012 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H5326.RH H5326

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1 owned buildings; preliminary planning and design of 

2 projects; and operation and maintenance of secure work 

3 environment facilities and secure networking capabilities; 

4 $80,982,000, to remain available until expended. 

5 DRUG ENFORCEMENT ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Drug Enforcement Ad8 ministration, including not to exceed $70,000 to meet un9 foreseen emergencies of a confidential character pursuant 

10 to section 530C of title 28, United States Code; and ex11 penses for conducting drug education and training pro12 grams, including travel and related expenses for partici13 pants in such programs and the distribution of items of 

14 token value that promote the goals of such programs, 

15 $2,043,904,000; of which not to exceed $75,000,000 shall 

16 remain available until expended and not to exceed $90,000 

17 shall be available for official reception and representation 

18 expenses. 

19 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

20 EXPLOSIVES

21 SALARIES AND EXPENSES

22 For necessary expenses of the Bureau of Alcohol, To23 bacco, Firearms and Explosives, for training of State and 

24 local law enforcement agencies with or without reimburse25 ment, including training in connection with the training 


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1 and acquisition of canines for explosives and fire 

2 accelerants detection; and for provision of laboratory as3 sistance to State and local law enforcement agencies, with 

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

5 to exceed $36,000 shall be for official reception and rep6 resentation expenses, not to exceed $1,000,000 shall be 

7 available for the payment of attorneys’ fees as provided 

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

9 not to exceed $20,000,000 shall remain available until ex10 pended: Provided, That, in the current fiscal year and any 

11 fiscal year thereafter, no funds appropriated under this 

12 or any other Act shall be used to pay administrative ex13 penses or the compensation of any officer or employee of 

14 the United States to implement an amendment or amend15 ments to section 478.118 of title 27, Code of Federal Reg16 ulations, or to change the definition of ‘‘Curios or relics’’ 

17 in section 478.11 of title 27, Code of Federal Regulations, 

18 or remove any item from ATF Publication 5300.11 as it 

19 existed on January 1, 1994: Provided further, That none 

20 of the funds appropriated herein shall be available to in21 vestigate or act upon applications for relief from Federal 

22 firearms disabilities under section 925(c) of title 18, 

23 United States Code: Provided further, That such funds 

24 shall be available to investigate and act upon applications 

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1 abilities under section 925(c) of title 18, United States 

2 Code: Provided further, That no funds made available by 

3 this or any other Act may be used to transfer the func4 tions, missions, or activities of the Bureau of Alcohol, To5 bacco, Firearms and Explosives to other agencies or De6 partments: Provided further, That, in the current fiscal 

7 year and any fiscal year thereafter, no funds made avail8 able by this or any other Act shall be expended to promul9 gate or implement any rule requiring a physical inventory 

10 of any business licensed under section 923 of title 18, 

11 United States Code: Provided further, That, in the current 

12 fiscal year and any fiscal year thereafter, no funds author13 ized or made available under this or any other Act may 

14 be used to deny any application for a license under section 

15 923 of title 18, United States Code, or renewal of such 

16 a license due to a lack of business activity, provided that 

17 the applicant is otherwise eligible to receive such a license, 

18 and is eligible to report business income or to claim an 

19 income tax deduction for business expenses under the In20 ternal Revenue Code of 1986. 

21 FEDERAL PRISON SYSTEM

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses of the Federal Prison System 

25 for the administration, operation, and maintenance of 


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1 Federal penal and correctional institutions, and for the 

2 provision of technical assistance and advice on corrections 

3 related issues to foreign governments, $6,820,217,000: 

4 Provided, That the Attorney General may transfer to the 

5 Health Resources and Services Administration such 

6 amounts as may be necessary for direct expenditures by 

7 that Administration for medical relief for inmates of Fed8 eral penal and correctional institutions: Provided further, 

9 That the Director of the Federal Prison System, where 

10 necessary, may enter into contracts with a fiscal agent or 

11 fiscal intermediary claims processor to determine the 

12 amounts payable to persons who, on behalf of the Federal 

13 Prison System, furnish health services to individuals com14 mitted to the custody of the Federal Prison System: Pro15 vided further, That not to exceed $5,400 shall be available 

16 for official reception and representation expenses: Pro17 vided further, That not to exceed $50,000,000 shall re18 main available for necessary operations until September 

19 30, 2014: Provided further, That, of the amounts provided 

20 for contract confinement, not to exceed $20,000,000 shall 

21 remain available until expended to make payments in ad22 vance for grants, contracts and reimbursable agreements, 

23 and other expenses authorized by section 501(c) of the 

24 Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 

25 note), for the care and security in the United States of 


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1 Cuban and Haitian entrants: Provided further, That the 

2 Director of the Federal Prison System may accept donated 

3 property and services relating to the operation of the pris4 on card program from a nonprofit entity which has oper5 ated such program in the past notwithstanding the fact 

6 that such nonprofit entity furnishes services under con7 tracts to the Federal Prison System relating to the oper8 ation of pre-release services, halfway houses, or other cus9 todial facilities. 

10 BUILDINGS AND FACILITIES

11 For planning, acquisition of sites and construction of 

12 new facilities; purchasing and acquiring facilities and re13 modeling, and equipping of such facilities for penal and 

14 correctional use, including all necessary expenses incident 

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

16 remodeling, and equipping necessary buildings and facili17 ties at existing penal and correctional institutions, includ18 ing all necessary expenses incident thereto, by contract or 

19 force account, $90,000,000, to remain available until ex20 pended, of which not less than $66,965,000 shall be avail21 able only for modernization, maintenance and repair, and 

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

23 construct areas for inmate work programs: Provided, That 

24 labor of United States prisoners may be used for work 

25 performed under this appropriation. 


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1 FEDERAL PRISON INDUSTRIES, INCORPORATED

2 The Federal Prison Industries, Incorporated, is here3 by authorized to make such expenditures, within the limits 

4 of funds and borrowing authority available, and in accord 

5 with the law, and to make such contracts and commit6 ments, without regard to fiscal year limitations as pro7 vided by section 9104 of title 31, United States Code, as 

8 may be necessary in carrying out the program set forth 

9 in the budget for the current fiscal year for such corpora10 tion, including purchase (not to exceed five for replace11 ment only) and hire of passenger motor vehicles. 

12 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

13 PRISON INDUSTRIES, INCORPORATED

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

15 Prison Industries, Incorporated shall be available for its 

16 administrative expenses, and for services as authorized by 

17 section 3109 of title 5, United States Code, to be com18 puted on an accrual basis to be determined in accordance 

19 with the corporation’s current prescribed accounting sys20 tem, and such amounts shall be exclusive of depreciation, 

21 payment of claims, and expenditures which such account22 ing system requires to be capitalized or charged to cost 

23 of commodities acquired or produced, including selling and 

24 shipping expenses, and expenses in connection with acqui25 sition, construction, operation, maintenance, improvement, 


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1 protection, or disposition of facilities and other property 

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

3 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

4 OFFICE ON VIOLENCE AGAINST WOMEN

5 VIOLENCE AGAINST WOMEN PREVENTION AND

6 PROSECUTION PROGRAMS

7 For grants, contracts, cooperative agreements, and 

8 other assistance for the prevention and prosecution of vio9 lence against women, as authorized by the Omnibus Crime 

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

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

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

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

14 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecu15 torial Remedies and Other Tools to end the Exploitation 

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

17 Juvenile Justice and Delinquency Prevention Act of 1974 

18 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims 

19 of Trafficking and Violence Protection Act of 2000 (Public 

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

21 Against Women and Department of Justice Reauthoriza22 tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); 

23 and for related victims services, $415,000,000, to remain 

24 available until expended: Provided, That except as other25 wise provided by law, not to exceed 5 percent of funds 


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1 made available under this heading may be used for ex2 penses related to evaluation, training, and technical assist3 ance: Provided further, That of the amount provided— 

4 (1) $189,000,000 is for grants to combat vio5 lence against women, as authorized by part T of the 

6 1968 Act; 

7 (2) $25,000,000 is for transitional housing as8 sistance grants for victims of domestic violence, 

9 stalking or sexual assault as authorized by section 

10 40299 of the 1994 Act; 

11 (3) $3,500,000 is for the National Institute of 

12 Justice for research and evaluation of violence 

13 against women and related issues addressed by 

14 grant programs of the Office on Violence Against 

15 Women, which shall be transferred to ‘‘Research, 

16 Evaluation, and Statistics’’ for administration by the 

17 Office of Justice Programs; 

18 (4) $10,000,000 is for a grant program to pro19 vide services to advocate for and respond to youth 

20 victims of domestic violence, dating violence, sexual 

21 assault, and stalking; assistance to children and 

22 youth exposed to such violence; programs to engage 

23 men and youth in preventing such violence; and as24 sistance to middle and high school students through 

25 education and other services related to such violence: 


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1 Provided, That unobligated balances available for 

2 the programs authorized by sections 41201, 41204, 

3 41303 and 41305 of the 1994 Act shall be available 

4 for this program: Provided further, That 10 percent 

5 of the total amount available for this grant program 

6 shall be available for grants under the program au7 thorized by section 2015 of the 1968 Act: Provided 

8 further, That the definitions and grant conditions in 

9 section 40002 of the 1994 Act shall apply to this 

10 program; 

11 (5) $50,000,000 is for grants to encourage ar12 rest policies as authorized by part U of the 1968 

13 Act; 

14 (6) $23,000,000 is for sexual assault victims 

15 assistance, as authorized by section 41601 of the 

16 1994 Act; 

17 (7) $36,500,000 is for rural domestic violence 

18 and child abuse enforcement assistance grants, as 

19 authorized by section 40295 of the 1994 Act; 

20 (8) $9,000,000 is for grants to reduce violent 

21 crimes against women on campus, as authorized by 

22 section 304 of the 2005 Act; 

23 (9) $41,000,000 is for legal assistance for vic24 tims, as authorized by section 1201 of the 2000 Act; 


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1 (10) $4,250,000 is for enhanced training and 

2 services to end violence against and abuse of women 

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

4 1994 Act; 

5 (11) $11,500,000 is for the safe havens for 

6 children program, as authorized by section 1301 of 

7 the 2000 Act; 

8 (12) $5,750,000 is for education and training 

9 to end violence against and abuse of women with 

10 disabilities, as authorized by section 1402 of the 

11 2000 Act; 

12 (13) $4,500,000 is for the court training and 

13 improvements program, as authorized by section 

14 41002 of the 1994 Act; 

15 (14) $500,000 is for the National Resource 

16 Center on Workplace Responses to assist victims of 

17 domestic violence, as authorized by section 41501 of 

18 the 1994 Act; 

19 (15) $1,000,000 is for analysis and research on 

20 violence against Indian women, including as author21 ized by section 904 of the 2005 Act, which may be 

22 transferred to ‘‘Research, Evaluation, and Statis23 tics’’ for administration by the Office of Justice Pro24 grams; and 


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1 (16) $500,000 is for the Office on Violence 

2 Against Women to establish a national clearinghouse 

3 that provides training and technical assistance on 

4 issues relating to sexual assault of American Indian 

5 and Alaska Native women. 

6 OFFICE OF JUSTICE PROGRAMS

7 RESEARCH, EVALUATION AND STATISTICS

8 For grants, contracts, cooperative agreements, and 

9 other assistance authorized by title I of the Omnibus 

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

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

12 Act of 1974 (‘‘the 1974 Act’’); the Missing Children’s As13 sistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 

14 Remedies and Other Tools to end the Exploitation of Chil15 dren Today Act of 2003 (Public Law 108–21); the Justice 

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

17 Against Women and Department of Justice Reauthoriza18 tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); 

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

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

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

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

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

24 the PROTECT Our Children Act of 2008 (Public Law 

25 110–401); subtitle D of title II of the Homeland Security 


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

2 NICS Improvement Amendments Act of 2007 (Public 

3 Law 110–180); and other programs; $112,000,000, to re4 main available until expended, of which— 

5 (1) $45,000,000 is for criminal justice statistics 

6 programs, and other activities, as authorized by part 

7 C of title I of the 1968 Act; 

8 (2) $40,000,000 is for research, development, 

9 and evaluation programs, and other activities as au10 thorized by part B of title I of the 1968 Act and 

11 subtitle D of title II of the 2002 Act; and 

12 (3) $27,000,000 is for regional information 

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

14 of the 1968 Act. 

15 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

16 For grants, contracts, cooperative agreements, and 

17 other assistance authorized by the Violent Crime Control 

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

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

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

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

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

23 Act’’); the Trafficking Victims Protection Reauthorization 

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

25 Women and Department of Justice Reauthorization Act 


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

2 Adam Walsh Child Protection and Safety Act of 2006 

3 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Vic4 tims of Trafficking and Violence Protection Act of 2000 

5 (Public Law 106–386); the NICS Improvement Amend6 ments Act of 2007 (Public Law 110–180); subtitle D of 

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

8 107–296) (‘‘the 2002 Act’’); the Second Chance Act of 

9 2007 (Public Law 110–199); the Prioritizing Resources 

10 and Organization for Intellectual Property Act of 2008 

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

12 (Public Law 98–473); the Mentally Ill Offender Treat13 ment and Crime Reduction Reauthorization and Improve14 ment Act of 2008 (Public Law 110–416); and other pro15 grams, $962,500,000, to remain available until expended 

16 as follows— 

17 (1) $370,000,000 for the Edward Byrne Memo18 rial Justice Assistance Grant program as authorized 

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

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

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

22 the 1968 Act shall not apply for purposes of this 

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

24 $5,000,000 is for a Preventing Violence Against 

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1 ability Initiative (VALOR), and $4,000,000 is for 

2 use by the National Institute of Justice for research 

3 targeted toward developing a better understanding 

4 of the domestic radicalization phenomenon, and ad5 vancing evidence-based strategies for effective inter6 vention and prevention; 

7 (2) $165,000,000 for the State Criminal Alien 

8 Assistance Program, as authorized by section 

9 241(i)(5) of the Immigration and Nationality Act (8 

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

11 shall request compensation for any cost greater than 

12 the actual cost for Federal immigration and other 

13 detainees housed in State and local detention facili14 ties; 

15 (3) $20,000,000 for competitive grants to im16 prove the functioning of the criminal justice system, 

17 to prevent or combat juvenile delinquency, and to as18 sist victims of crime (other than compensation); 

19 (4) $13,500,000 for victim services programs 

20 for victims of trafficking, as authorized by section 

21 107(b)(2) of Public Law 106–386 and for programs 

22 authorized under Public Law 109–164; 

23 (5) $41,000,000 for drug courts, as authorized 

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


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1 (6) $4,000,000 for a veterans treatment courts 

2 program; 

3 (7) $9,000,000 for mental health courts and 

4 adult and juvenile collaboration program grants, as 

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

6 Act, and the Mentally Ill Offender Treatment and 

7 Crime Reduction Reauthorization and Improvement 

8 Act of 2008 (Public Law 110–416); 

9 (8) $15,000,000 for grants for Residential Sub10 stance Abuse Treatment for State Prisoners, as au11 thorized by part S of title I of the 1968 Act; 

12 (9) $1,000,000 for the Capital Litigation Im13 provement Grant Program, as authorized by section 

14 426 of Public Law 108–405, and for grants for 

15 wrongful conviction review; 

16 (10) $7,000,000 for economic, high technology 

17 and Internet crime prevention grants, including as 

18 authorized by section 401 of Public Law 110–403; 

19 (11) $20,000,000 for implementation of the 

20 Adam Walsh Act and related activities; 

21 (12) $20,000,000 for the matching grant pro22 gram for law enforcement armor vests, as authorized 

23 by section 2501 of title I of the 1968 Act; 

24 (13) $1,000,000 for the National Sex Offender 

25 Public Website; 


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1 (14) $12,000,000 for grants to assist State and 

2 tribal governments and related activities, as author3 ized by the NICS Improvement Amendments Act of 

4 2007 (Public Law 110–180); 

5 (15) $6,000,000 for the National Criminal His6 tory Improvement Program for grants to upgrade 

7 criminal records; 

8 (16) $125,000,000 for DNA-related and foren9 sic programs and activities, of which— 

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

11 and capacity enhancement program and for 

12 other local, State, and Federal forensic activi13 ties, including the purposes authorized under 

14 section 2 of the DNA Analysis Backlog Elimi15 nation Act of 2000 (the Debbie Smith DNA 

16 Backlog Grant Program); 

17 (B) $4,000,000 is for the purposes de18 scribed in the Kirk Bloodsworth Post-Convic19 tion DNA Testing Program (Public Law 108– 

20 405, section 412); and 

21 (C) $4,000,000 is for Sexual Assault Fo22 rensic Exam Program Grants, including as au23 thorized by section 304 of Public Law 108–405; 


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1 (17) $4,500,000 for the court-appointed special 

2 advocate program, as authorized by section 217 of 

3 the 1990 Act; 

4 (18) $38,000,000 for assistance to Indian 

5 tribes; 

6 (19) $1,000,000 for the purposes described in 

7 the Missing Alzheimer’s Disease Patient Alert Pro8 gram (section 240001 of the 1994 Act); 

9 (20) $7,000,000 for a program to monitor pre10 scription drugs and scheduled listed chemical prod11 ucts; 

12 (21) $12,500,000 for prison rape prevention 

13 and prosecution grants to States and units of local 

14 government, and other programs, as authorized by 

15 the Prison Rape Elimination Act of 2003 (Public 

16 Law 108–79); and 

17 (22) $70,000,000 for offender reentry programs 

18 and research, as authorized by the Second Chance 

19 Act of 2007 (Public Law 110–199), of which 

20 $6,000,000 is for a program to improve State, local 

21 and tribal probation supervision efforts and strate22 gies: 

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

24 the funds made available under this heading to increase 

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


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

2 enforcement officers who perform non-administrative pub3 lic sector safety service. 

4 JUVENILE JUSTICE PROGRAMS

5 For grants, contracts, cooperative agreements, and 

6 other assistance authorized by the Juvenile Justice and 

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

8 Omnibus Crime Control and Safe Streets Act of 1968 

9 (‘‘the 1968 Act’’); the Violence Against Women and De10 partment of Justice Reauthorization Act of 2005 (Public 

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

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

13 Remedies and Other Tools to end the Exploitation of Chil14 dren Today Act of 2003 (Public Law 108–21); the Victims 

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

16 1990 Act’’); the Adam Walsh Child Protection and Safety 

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

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

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

20 $209,500,000, to remain available until expended as fol21 lows— 

22 (1) $33,000,000 for programs authorized by 

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

24 technical assistance to assist small, nonprofit organi25 zations with the Federal grants process; 


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1 (2) $90,000,000 for youth mentoring grants; 

2 (3) $18,000,000 for programs authorized by 

3 the Victims of Child Abuse Act of 1990; 

4 (4) $67,000,000 for missing and exploited chil5 dren programs, including as authorized by sections 

6 404(b) and 405(a) of the 1974 Act (except that sec7 tion 102(b)(4)(B) of the PROTECT Our Children 

8 Act of 2008 (Public Law 110–401) shall not apply 

9 for purposes of this Act); and 

10 (5) $1,500,000 for child abuse training pro11 grams for judicial personnel and practitioners, as 

12 authorized by section 222 of the 1990 Act: 

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

14 may be used for research, evaluation, and statistics activi15 ties designed to benefit the programs or activities author16 ized: Provided further, That not more than 2 percent of 

17 each amount may be used for training and technical as18 sistance: Provided further, That the previous two provisos 

19 shall not apply to grants and projects authorized by sec20 tions 261 and 262 of the 1974 Act. 

21 PUBLIC SAFETY OFFICER BENEFITS

22 For payments and expenses authorized under section 

23 1001(a)(4) of title I of the Omnibus Crime Control and 

24 Safe Streets Act of 1968, such sums as are necessary (in25 cluding amounts for administrative costs), to remain availVerDate Mar 15 2010 22:26 May 02, 2012 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H5326.RH H5326

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1 able until expended; and $16,300,000 for payments au2 thorized by section 1201(b) of such Act and for edu3 cational assistance authorized by section 1218 of such Act, 

4 to remain available until expended: Provided, That not5 withstanding section 205 of this Act, upon a determina6 tion by the Attorney General that emergent circumstances 

7 require additional funding for such disability and edu8 cation payments, the Attorney General may transfer such 

9 amounts to ‘‘Public Safety Officers Benefits’’ from avail10 able appropriations for the Department of Justice as may 

11 be necessary to respond to such circumstances: Provided 

12 further, That any transfer pursuant to the previous pro13 viso shall be treated as a reprogramming under section 

14 505 of this Act and shall not be available for obligation 

15 or expenditure except in compliance with the procedures 

16 set forth in that section. 

17 COMMUNITY ORIENTED POLICING SERVICES

18 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

19 For activities authorized by the Violent Crime Con20 trol and Law Enforcement Act of 1994 (Public Law 103– 

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

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

23 Women and Department of Justice Reauthorization Act 

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

25 $72,500,000, to remain available until expended: ProVerDate Mar 15 2010 22:26 May 02, 2012 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H5326.RH H5326

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1 vided, That any balances made available through prior 

2 year deobligations shall only be available in accordance 

3 with section 505 of this Act: Provided further, That of the 

4 amount provided— 

5 (1) $12,500,000 is for anti-methamphetamine6 related activities, which shall be transferred to the 

7 Drug Enforcement Administration upon enactment 

8 of this Act; 

9 (2) $20,000,000 is for improving tribal law en10 forcement, including hiring, equipment, training, and 

11 anti-methamphetamine activities; and 

12 (3) $40,000,000 is for grants under section 

13 1701 of title I of the 1968 Act (42 U.S.C. 3796dd) 

14 for the hiring and rehiring of additional career law 

15 enforcement officers under part Q of such title not16 withstanding subsection (i) of such section: Pro17 vided, That, notwithstanding section 1704(c) of such 

18 title (42 U.S.C. 3796dd–3(c)), funding for hiring or 

19 rehiring a career law enforcement officer may not 

20 exceed $125,000 unless the Director of the Office of 

21 Community Oriented Policing Services grants a 

22 waiver from this limitation. 

23 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

24 SEC. 201. In addition to amounts otherwise made 

25 available in this title for official reception and representaVerDate Mar 15 2010 22:26 May 02, 2012 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H5326.RH H5326

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1 tion expenses, a total of not to exceed $50,000 from funds 

2 appropriated to the Department of Justice in this title 

3 shall be available to the Attorney General for official re4 ception and representation expenses. 

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

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

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

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

9 That should this prohibition be declared unconstitutional 

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

11 null and void. 

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

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

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

15 SEC. 204. Nothing in the preceding section shall re16 move the obligation of the Director of the Bureau of Pris17 ons to provide escort services necessary for a female in18 mate to receive such service outside the Federal facility: 

19 Provided, That nothing in this section in any way dimin20 ishes the effect of section 203 intended to address the phil21 osophical beliefs of individual employees of the Bureau of 

22 Prisons. 

23 SEC. 205. Not to exceed 5 percent of any appropria24 tion made available for the current fiscal year for the De25 partment of Justice in this Act may be transferred beVerDate Mar 15 2010 22:26 May 02, 2012 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5326.RH H5326

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1 tween such appropriations, but no such appropriation, ex2 cept as otherwise specifically provided, shall be increased 

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

4 That any transfer pursuant to this section shall be treated 

5 as a reprogramming of funds under section 505 of this 

6 Act and shall not be available for obligation except in com7 pliance with the procedures set forth in that section. 

8 SEC. 206. The Attorney General is authorized to ex9 tend through September 30, 2014, the Personnel Manage10 ment Demonstration Project transferred to the Attorney 

11 General pursuant to section 1115 of the Homeland Secu12 rity Act of 2002 (Public Law 107–296; 28 U.S.C. 599B) 

13 without limitation on the number of employees or the posi14 tions covered. 

15 SEC. 207. Notwithstanding any other provision of 

16 law, during the current fiscal year and any fiscal year 

17 thereafter, section 102(b) of the Departments of Com18 merce, Justice, and State, the Judiciary, and Related 

19 Agencies Appropriations Act, 1993 (Public Law 102–395) 

20 shall extend to the Bureau of Alcohol, Tobacco, Firearms 

21 and Explosives in the conduct of undercover investigative 

22 operations and shall apply with respect to any undercover 

23 investigative operation by the Bureau of Alcohol, Tobacco, 

24 Firearms and Explosives that is necessary for the detec25 tion and prosecution of crimes against the United States. 


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

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

3 purpose of transporting an individual who is a prisoner 

4 pursuant to conviction for crime under State or Federal 

5 law and is classified as a maximum or high security pris6 oner, other than to a prison or other facility certified by 

7 the Federal Bureau of Prisons as appropriately secure for 

8 housing such a prisoner. 

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

10 Act may be used by Federal prisons to purchase cable tele11 vision services, to rent or purchase videocassettes, video12 cassette recorders, or other audiovisual or electronic equip13 ment used primarily for recreational purposes. 

14 (b) Subsection (a) does not preclude the rental, main15 tenance, or purchase of audiovisual or electronic equip16 ment for inmate training, religious, or educational pro17 grams. 

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

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

20 enhanced information technology program having total es21 timated development costs in excess of $100,000,000, un22 less the Deputy Attorney General and the investment re23 view board certify to the Committees on Appropriations 

24 of the House of Representatives and the Senate that the 

25 information technology program has appropriate program 


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1 management controls and contractor oversight mecha2 nisms in place, and that the program is compatible with 

3 the enterprise architecture of the Department of Justice. 

4 SEC. 211. The notification thresholds and procedures 

5 set forth in section 505 of this Act shall apply to devi6 ations from the amounts designated for specific activities 

7 in this Act and accompanying statement, and to any use 

8 of deobligated balances of funds provided under this title 

9 in previous years. 

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

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

12 or approve a public-private competition under the Office 

13 of Management and Budget Circular A–76 or any suc14 cessor administrative regulation, directive, or policy for 

15 work performed by employees of the Bureau of Prisons 

16 or of Federal Prison Industries, Incorporated. 

17 SEC. 213. Notwithstanding any other provision of 

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

19 or expenses of any United States Attorney assigned dual 

20 or additional responsibilities by the Attorney General or 

21 his designee that exempt that United States Attorney 

22 from the residency requirements of section 545 of title 28, 

23 United States Code. 

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

25 and in addition to any amounts that otherwise may be 


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

2 respect to funds appropriated by this title under the head3 ings ‘‘Research, Evaluation, and Statistics’’, ‘‘State and 

4 Local Law Enforcement Assistance’’, and ‘‘Juvenile Jus5 tice Programs’’— 

6 (1) up to 3 percent of funds made available to 

7 the Office of Justice Programs for grant or reim8 bursement programs may be used by such Office to 

9 provide training and technical assistance; and 

10 (2) up to 2 percent of funds made available for 

11 grant or reimbursement programs under such head12 ings, except for amounts appropriated specifically for 

13 research, evaluation, or statistical programs adminis14 tered by the National Institute of Justice and the 

15 Bureau of Justice Statistics, shall be transferred to 

16 and merged with funds provided to the National In17 stitute of Justice and the Bureau of Justice Statis18 tics, to be used by them for research, evaluation or 

19 statistical purposes, without regard to the authoriza20 tions for such grant or reimbursement programs. 

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

22 by a grantee and based upon a determination of fiscal 

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

24 2978(e)(1) and (2), and 2904 of title I of the Omnibus 

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


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1 3797w(g)(1), 3797w-2(e)(1) and (2), 3797q-3) and sec2 tion 6(c)(3) of the Prison Rape Elimination Act of 2003 

3 (42 U.S.C. 15605(c)(3)) with respect to funds appro4 priated in this or any other Act making appropriations 

5 for fiscal years 2010 through 2013 for Adult and Juvenile 

6 Offender State and Local Reentry Demonstration Projects 

7 and for State, Tribal, and Local Reentry Courts author8 ized under part FF of title I of such Act of 1968, and 

9 for the Prosecution Drug Treatment Alternatives to Pris10 on Program authorized under part CC of such Act of 

11 1968, and Grants to Protect Inmates and Safeguard Com12 munities under such Act of 2003. 

13 SEC. 216. Notwithstanding any other provision of 

14 law, section 20109(a) of subtitle A of title II of the Violent 

15 Crime Control and Law Enforcement Act of 1994 (42 

16 U.S.C. 13709(a)) shall not apply to amounts made avail17 able by this or any other Act. 

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

19 this Act, other than for the national instant criminal back20 ground check system established under section 103 of the 

21 Brady Handgun Violence Prevention Act (18 U.S.C. 922 

22 note), may be used by a Federal law enforcement officer 

23 to facilitate the transfer of an operable firearm to an indi24 vidual if the Federal law enforcement officer knows or sus25 pects that the individual is an agent of a drug cartel unless 


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1 law enforcement personnel of the United States continu2 ously monitor or control the firearm at all times. 

3 SEC. 218. None of the funds made available to the 

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

5 purpose of implementing the requirement for public enti6 ties, places of public accommodation, and commercial fa7 cilities to provide a permanent means of accessible entry 

8 to pools and spas under the revised regulations for titles 

9 II and III of the Americans with Disabilities Act of 1990 

10 (28 C.F.R. 35.101 et seq.; 36.101 et seq.). 

11 SEC. 219. None of the funds made available by this 

12 Act may be used to require a person licensed under section 

13 923 of title 18, United States Code, to report information 

14 to the Department of Justice regarding the sale of mul15 tiple rifles or shotguns to the same person. 

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

17 Appropriations Act, 2013’’. 

18 TITLE III 

19 SCIENCE 

20 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

21 For necessary expenses of the Office of Science and 

22 Technology Policy, in carrying out the purposes of the Na23 tional Science and Technology Policy, Organization, and 

24 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of 

25 passenger motor vehicles, and services as authorized by 


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1 section 3109 of title 5, United States Code, not to exceed 

2 $2,250 for official reception and representation expenses, 

3 and rental of conference rooms in the District of Colum4 bia, $5,850,000. 

5 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

6 SCIENCE

7 For necessary expenses, not otherwise provided for, 

8 in the conduct and support of science research and devel9 opment activities, including research, development, oper10 ations, support, and services; maintenance and repair, fa11 cility planning and design; space flight, spacecraft control, 

12 and communications activities; program management; per13 sonnel and related costs, including uniforms or allowances 

14 therefor, as authorized by sections 5901 and 5902 of title 

15 5, United States Code; travel expenses; purchase and hire 

16 of passenger motor vehicles; and purchase, lease, charter, 

17 maintenance, and operation of mission and administrative 

18 aircraft, $5,095,000,000, to remain available until Sep19 tember 30, 2014, of which up to $14,500,000 shall be 

20 available for a reimbursable agreement with the Depart21 ment of Energy for the purpose of re-establishing facilities 

22 to produce fuel required for radioisotope thermoelectric 

23 generators to enable future missions: Provided, That not 

24 less than $150,000,000 shall be for Mars Next Decade: 

25 Provided further, That no funds shall be obligated for 


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1 Mars Next Decade unless and until the National Research 

2 Council has certified to the Committees on Appropriations 

3 that the chosen mission concept will lead to the accom4 plishment of Mars sample return as described in the most 

5 recent planetary science decadal survey: Provided further, 

6 That, in the event that the National Research Council de7 termines that the Mars Next Decade mission concept will 

8 not lead to the accomplishment of Mars sample return, 

9 all funding provided for Mars Next Decade shall be reallo10 cated to the development of a Jupiter Europa orbiter, con11 sistent with the priorities established in the aforemen12 tioned decadal survey: Provided further, That the formula13 tion and development costs (with development cost as de14 fined under section 30104 of title 51, United States Code) 

15 for the James Webb Space Telescope shall not exceed 

16 $8,000,000,000: Provided further, That should the indi17 vidual identified under subsection (c)(2)(E) of section 

18 30104 of title 51, United States Code, as responsible for 

19 the James Webb Space Telescope determine that the de20 velopment cost of the program is likely to exceed that limi21 tation, the individual shall immediately notify the Admin22 istrator and the increase shall be treated as if it meets 

23 the 30 percent threshold described in subsection (f) of sec24 tion 30104. 


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1 AERONAUTICS

2 For necessary expenses, not otherwise provided for, 

3 in the conduct and support of aeronautics research and 

4 development activities, including research, development, 

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

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

9 allowances therefor, as authorized by sections 5901 and 

10 5902 of title 5, United States Code; travel expenses; pur11 chase and hire of passenger motor vehicles; and purchase, 

12 lease, charter, maintenance, and operation of mission and 

13 administrative aircraft, $569,900,000, to remain available 

14 until September 30, 2014. 

15 SPACE TECHNOLOGY

16 For necessary expenses, not otherwise provided for, 

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

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

22 management; personnel and related costs, including uni23 forms or allowances therefor, as authorized by sections 

24 5901 and 5902 of title 5, United States Code; travel ex25 penses; purchase and hire of passenger motor vehicles; and 


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1 purchase, lease, charter, maintenance, and operation of 

2 mission and administrative aircraft, $632,500,000, to re3 main available until September 30, 2014. 

4 EXPLORATION

5 For necessary expenses, not otherwise provided for, 

6 in the conduct and support of exploration research and 

7 development activities, including research, development, 

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

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

12 allowances therefor, as authorized by sections 5901 and 

13 5902 of title 5, United States Code; travel expenses; pur14 chase and hire of passenger motor vehicles; and purchase, 

15 lease, charter, maintenance, and operation of mission and 

16 administrative aircraft, $3,711,900,000, to remain avail17 able until September 30, 2014: Provided, That not less 

18 than $1,024,900,000 shall be for the Orion Multi-Purpose 

19 Crew Vehicle: Provided further, That not less than 

20 $1,857,000,000 shall be for the Space Launch System, 

21 which shall have a lift capability not less than 130 metric 

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

23 elements developed simultaneously: Provided further, That 

24 of the funds made available for the Space Launch System, 

25 $1,454,200,000 shall be for launch vehicle development 


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1 and $402,800,000 shall be for exploration ground sys2 tems: Provided further, That funds made available for the 

3 Orion Multi-Purpose Crew Vehicle and Space Launch Sys4 tem are in addition to funds provided for these programs 

5 under the ‘‘Construction and Environmental Compliance 

6 and Restoration’’ heading. 

7 SPACE OPERATIONS

8 For necessary expenses, not otherwise provided for, 

9 in the conduct and support of space operations research 

10 and development activities, including research, develop11 ment, operations, support and services; space flight, space12 craft control and communications activities, including op13 erations, production, and services; maintenance and re14 pair, facility planning and design; program management; 

15 personnel and related costs, including uniforms or allow16 ances therefor, as authorized by sections 5901 and 5902 

17 of title 5, United States Code; travel expenses; purchase 

18 and hire of passenger motor vehicles; and purchase, lease, 

19 charter, maintenance and operation of mission and admin20 istrative aircraft, $3,985,000,000, to remain available 

21 until September 30, 2014. 

22 EDUCATION

23 For necessary expenses, not otherwise provided for, 

24 in carrying out aerospace and aeronautical education re25 search and development activities, including research, deVerDate Mar 15 2010 22:26 May 02, 2012 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H5326.RH H5326

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1 velopment, operations, support, and services; program 

2 management; personnel and related costs, including uni3 forms or allowances therefor, as authorized by sections 

4 5901 and 5902 of title 5, United States Code; travel ex5 penses; purchase and hire of passenger motor vehicles; and 

6 purchase, lease, charter, maintenance, and operation of 

7 mission and administrative aircraft, $100,000,000, to re8 main available until September 30, 2014, of which 

9 $9,000,000 shall be for the Experimental Program to 

10 Stimulate Competitive Research and $24,000,000 shall be 

11 for the National Space Grant College program. 

12 CROSS AGENCY SUPPORT

13 For necessary expenses, not otherwise provided for, 

14 in the conduct and support of science, aeronautics, explo15 ration, space operations and education research and devel16 opment activities, including research, development, oper17 ations, support, and services; maintenance and repair, fa18 cility planning and design; space flight, spacecraft control, 

19 and communications activities; program management; per20 sonnel and related costs, including uniforms or allowances 

21 therefor, as authorized by sections 5901 and 5902 of title 

22 5, United States Code; travel expenses; purchase and hire 

23 of passenger motor vehicles; not to exceed $63,000 for of24 ficial reception and representation expenses; and purchase, 

25 lease, charter, maintenance, and operation of mission and 


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1 administrative aircraft, $2,843,500,000, to remain avail2 able until September 30, 2014. 

3 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

4 RESTORATION

5 For necessary expenses for construction of facilities 

6 including repair, rehabilitation, revitalization, and modi7 fication of facilities, construction of new facilities and ad8 ditions to existing facilities, facility planning and design, 

9 and restoration, and acquisition or condemnation of real 

10 property, as authorized by law, and environmental compli11 ance and restoration, $598,000,000, to remain available 

12 until September 30, 2018: Provided, That hereafter, not13 withstanding section 315 of the National Aeronautics and 

14 Space Act of 1958 (51 U.S.C. 20145), all proceeds from 

15 leases entered into under that section shall be deposited 

16 into this account: Provided further, That such proceeds 

17 shall be available for a period of 5 years and in amounts 

18 as provided in annual appropriations Acts: Provided fur19 ther, That such proceeds referred to in the two preceding 

20 provisos shall be available for obligation for fiscal year 

21 2013 in an amount not to exceed $3,791,000: Provided 

22 further, That each annual budget request shall include an 

23 annual estimate of gross receipts and collections and pro24 posed use of all funds collected pursuant to section 315 


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1 of the National Aeronautics and Space Act of 1958 (51 

2 U.S.C. 20145). 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector 

5 General in carrying out the Inspector General Act of 1978, 

6 $38,000,000, of which $500,000 shall remain available 

7 until September 30, 2014. 

8 ADMINISTRATIVE PROVISIONS

9 Funds for announced prizes otherwise authorized 

10 shall remain available, without fiscal year limitation, until 

11 the prize is claimed or the offer is withdrawn. 

12 Not to exceed 5 percent of any appropriation made 

13 available for the current fiscal year for the National Aero14 nautics and Space Administration in this Act may be 

15 transferred between such appropriations, but no such ap16 propriation, except as otherwise specifically provided, shall 

17 be increased by more than 10 percent (or, in the case of 

18 ‘‘Construction and Environmental Compliance and Res19 toration’’, 15 percent) by any such transfers. Balances so 

20 transferred shall be merged with and available for the 

21 same purposes and the same time period as the appropria22 tions to which transferred. Any transfer pursuant to this 

23 provision shall be treated as a reprogramming of funds 

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


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1 for obligation except in compliance with the procedures set 

2 forth in that section. 

3 Section 1105 of the National Aeronautics and Space 

4 Administration Authorization Act of 2010 (42 U.S.C. 

5 18431) is amended by striking ‘‘The Administrator may 

6 not’’ and all that follows through ‘‘inefficiency.’’. 

7 The National Aeronautics and Space Administration 

8 shall submit a spending plan, signed by the Administrator, 

9 to the Committees on Appropriations of the House of Rep10 resentatives and the Senate within 45 days after the en11 actment of this Act. This spending plan shall be provided 

12 at the theme, program, project and activity level. The 

13 spending plan, as well as any subsequent change of an 

14 amount established in that spending plan that meets the 

15 notification requirements of section 505 of this Act, shall 

16 be treated as a reprogramming under section 505 of this 

17 Act and shall not be available for obligation or expenditure 

18 except in compliance with the procedures set forth in that 

19 section. 

20 Section 30102(c) of title 51, United States Code, is 

21 amended— 

22 (1) in paragraph (2) by striking ‘‘and’’ at the 

23 end; 

24 (2) in paragraph (3) by striking the period at 

25 the end inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(4) refunds or rebates received on an on-going 

3 basis from a credit card services provider under the 

4 National Aeronautics and Space Administration’s 

5 credit card programs.’’. 

6 NATIONAL SCIENCE FOUNDATION

7 RESEARCH AND RELATED ACTIVITIES

8 For necessary expenses in carrying out the National 

9 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), 

10 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services 

11 as authorized by section 3109 of title 5, United States 

12 Code; maintenance and operation of aircraft and purchase 

13 of flight services for research support; acquisition of air14 craft; and authorized travel; $5,942,693,000, to remain 

15 available until September 30, 2014, of which not to exceed 

16 $500,000,000 shall remain available until expended for 

17 polar research and operations support, and for reimburse18 ment to other Federal agencies for operational and science 

19 support and logistical and other related activities for the 

20 United States Antarctic program: Provided, That receipts 

21 for scientific support services and materials furnished by 

22 the National Research Centers and other National Science 

23 Foundation supported research facilities may be credited 

24 to this appropriation. 


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1 MAJOR RESEARCH EQUIPMENT AND FACILITIES

2 CONSTRUCTION

3 For necessary expenses for the acquisition, construc4 tion, commissioning, and upgrading of major research 

5 equipment, facilities, and other such capital assets pursu6 ant to the National Science Foundation Act of 1950 (42 

7 U.S.C. 1861 et seq.), including authorized travel, 

8 $196,170,000, to remain available until expended: Pro9 vided, That none of the funds may be used to reimburse 

10 the Judgment Fund established under section 1304 of title 

11 31, United States Code. 

12 EDUCATION AND HUMAN RESOURCES

13 For necessary expenses in carrying out science, math14 ematics and engineering education and human resources 

15 programs and activities pursuant to the National Science 

16 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), includ17 ing services as authorized by section 3109 of title 5, 

18 United States Code, authorized travel, and rental of con19 ference rooms in the District of Columbia, $875,610,000, 

20 to remain available until September 30, 2014. 

21 AGENCY OPERATIONS AND AWARD MANAGEMENT

22 For agency operations and award management nec23 essary in carrying out the National Science Foundation 

24 Act of 1950 (42 U.S.C. 1861 et seq.); services authorized 

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1 senger motor vehicles; uniforms or allowances therefor, as 

2 authorized by sections 5901 and 5902 of title 5, United 

3 States Code; rental of conference rooms in the District of 

4 Columbia; and reimbursement of the Department of 

5 Homeland Security for security guard services; 

6 $299,400,000: Provided, That not to exceed $8,280 is for 

7 official reception and representation expenses: Provided 

8 further, That contracts may be entered into under this 

9 heading in fiscal year 2013 for maintenance and operation 

10 of facilities and for other services to be provided during 

11 the next fiscal year. 

12 OFFICE OF THE NATIONAL SCIENCE BOARD

13 For necessary expenses (including payment of sala14 ries, authorized travel, hire of passenger motor vehicles, 

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

16 and the employment of experts and consultants under sec17 tion 3109 of title 5, United States Code) involved in car18 rying out section 4 of the National Science Foundation 

19 Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 

20 (42 U.S.C. 1880 et seq.), $4,440,000: Provided, That not 

21 to exceed $2,500 shall be available for official reception 

22 and representation expenses. 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector 

25 General as authorized by the Inspector General Act of 


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1 1978, $14,200,000, of which $400,000 shall remain avail2 able until September 30, 2014. 

3 ADMINISTRATIVE PROVISION

4 Not to exceed 5 percent of any appropriation made 

5 available for the current fiscal year for the National 

6 Science Foundation in this Act may be transferred be7 tween such appropriations, but no such appropriation shall 

8 be increased by more than 15 percent by any such trans9 fers. Any transfer pursuant to this section shall be treated 

10 as a reprogramming of funds under section 505 of this 

11 Act and shall not be available for obligation except in com12 pliance with the procedures set forth in that section. 

13 TITLE IV 

14 RELATED AGENCIES 

15 COMMISSION ON CIVIL RIGHTS

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses of the Commission on Civil 

19 Rights, including hire of passenger motor vehicles, 

20 $9,193,000: Provided, That none of the funds appro21 priated in this paragraph shall be used to employ in excess 

22 of four full-time individuals under Schedule C of the Ex23 cepted Service exclusive of one special assistant for each 

24 Commissioner: Provided further, That none of the funds 

25 appropriated in this paragraph shall be used to reimburse 


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1 Commissioners for more than 75 billable days, with the 

2 exception of the chairperson, who is permitted 125 billable 

3 days: Provided further, That none of the funds appro4 priated in this paragraph shall be used for any activity 

5 or expense that is not explicitly authorized by section 3 

6 of the Civil Rights Commission Act of 1983 (42 U.S.C. 

7 1975a): Provided further, That there shall be an Inspector 

8 General at the Commission on Civil Rights who shall have 

9 the duties, responsibilities, and authorities specified in the 

10 Inspector General Act of 1978: Provided further, That an 

11 individual appointed to the position of Inspector General 

12 of the Government Accountability Office (GAO) shall, by 

13 virtue of such appointment, also hold the position of In14 spector General of the Commission on Civil Rights: Pro15 vided further, That the Inspector General of the Commis16 sion on Civil Rights shall utilize personnel of the Office 

17 of Inspector General of GAO in performing the duties of 

18 the Inspector General of the Commission on Civil Rights, 

19 and shall not appoint any individuals to positions within 

20 the Commission on Civil Rights: Provided further, That 

21 of the amounts made available in this paragraph, 

22 $250,000 shall be transferred directly to the Office of In23 spector General of GAO upon enactment of this Act for 

24 salaries and expenses necessary to carry out the duties of 

25 the Inspector General of the Commission on Civil Rights. 


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1 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Equal Employment 

4 Opportunity Commission as authorized by title VII of the 

5 Civil Rights Act of 1964, the Age Discrimination in Em6 ployment Act of 1967, the Equal Pay Act of 1963, the 

7 Americans with Disabilities Act of 1990, the Civil Rights 

8 Act of 1991, the Genetic Information Non-Discrimination 

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

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

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

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

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

14 1343(b); nonmonetary awards to private citizens; and up 

15 to $29,500,000 for payments to State and local enforce16 ment agencies for authorized services to the Commission, 

17 $366,568,000: Provided, That the Commission is author18 ized to make available for official reception and represen19 tation expenses not to exceed $2,250 from available funds: 

20 Provided further, That the Chair is authorized to accept 

21 and use any gift or donation to carry out the work of the 

22 Commission. 


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1 INTERNATIONAL TRADE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the International Trade 

4 Commission, including hire of passenger motor vehicles, 

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

6 United States Code, and not to exceed $2,250 for official 

7 reception and representation expenses, $83,000,000, to re8 main available until expended. 

9 LEGAL SERVICES CORPORATION

10 PAYMENT TO THE LEGAL SERVICES CORPORATION

11 For payment to the Legal Services Corporation to 

12 carry out the purposes of the Legal Services Corporation 

13 Act of 1974, $328,000,000, of which $302,400,000 is for 

14 basic field programs and required independent audits; 

15 $4,200,000 is for the Office of Inspector General, of which 

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

17 additional audits of recipients; $17,000,000 is for manage18 ment and grants oversight; $3,400,000 is for client self19 help and information technology; and $1,000,000 is for 

20 loan repayment assistance: Provided, That the Legal Serv21 ices Corporation may continue to provide locality pay to 

22 officers and employees at a rate no greater than that pro23 vided by the Federal Government to Washington, DC24 based employees as authorized by section 5304 of title 5, 

25 United States Code, notwithstanding section 1005(d) of 


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1 the Legal Services Corporation Act (42 U.S.C. 2996(d)): 

2 Provided further, That the authorities provided in section 

3 205 of this Act shall be applicable to the Legal Services 

4 Corporation: Provided further, That, for the purposes of 

5 sections 505, 533 and 535 of this Act, the Legal Services 

6 Corporation shall be considered an agency of the United 

7 States Government. 

8 ADMINISTRATIVE PROVISIONS—LEGAL SERVICES

9 CORPORATION

10 None of the funds appropriated in this Act to the 

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

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

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

15 Act to the Legal Services Corporation shall be subject to 

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

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

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

19 2013, respectively. 

20 Section 501(a)(2)(A) of the Departments of Com21 merce, Justice, and State, the Judiciary, and Related 

22 Agencies Appropriations Act, 1996 (Public Law 104–134) 

23 is amended by striking ‘‘on the basis of the most recent 

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1 tion 141 of title 13, United States Code’’ and inserting 

2 ‘‘triennially by the Bureau of the Census’’. 

3 MARINE MAMMAL COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Marine Mammal Com6 mission as authorized by title II of the Marine Mammal 

7 Protection Act of 1972 (16 U.S.C. 1361 et seq.), 

8 $3,025,000. 

9 OFFICE OF THE UNITED STATES TRADE

10 REPRESENTATIVE

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the United 

13 States Trade Representative, including the hire of pas14 senger motor vehicles and the employment of experts and 

15 consultants as authorized by section 3109 of title 5, 

16 United States Code, $51,251,000, of which $1,000,000 

17 shall remain available until expended: Provided, That not 

18 to exceed $111,600 shall be available for official reception 

19 and representation expenses. 

20 STATE JUSTICE INSTITUTE

21 SALARIES AND EXPENSES

22 For necessary expenses of the State Justice Institute, 

23 as authorized by the State Justice Institute Authorization 

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

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


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1 2014: Provided, That not to exceed $2,250 shall be avail2 able for official reception and representation expenses: 

3 Provided further, That, for the purposes of section 505 

4 of this Act, the State Justice Institute shall be considered 

5 an agency of the United States Government. 

6 TITLE V 

7 GENERAL PROVISIONS 

8 (INCLUDING RESCISSIONS)

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

10 this Act shall be used for publicity or propaganda purposes 

11 not authorized by the Congress. 

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

13 this Act shall remain available for obligation beyond the 

14 current fiscal year unless expressly so provided herein. 

15 SEC. 503. The expenditure of any appropriation 

16 under this Act for any consulting service through procure17 ment contract, pursuant to section 3109 of title 5, United 

18 States Code, shall be limited to those contracts where such 

19 expenditures are a matter of public record and available 

20 for public inspection, except where otherwise provided 

21 under existing law, or under existing Executive order 

22 issued pursuant to existing law. 

23 SEC. 504. If any provision of this Act or the applica24 tion of such provision to any person or circumstances shall 

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1 tion of each provision to persons or circumstances other 

2 than those as to which it is held invalid shall not be af3 fected thereby. 

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

5 or provided under previous appropriations Acts to the 

6 agencies funded by this Act that remain available for obli7 gation or expenditure in fiscal year 2013, or provided from 

8 any accounts in the Treasury of the United States derived 

9 by the collection of fees available to the agencies funded 

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

11 through a reprogramming of funds that: (1) creates or ini12 tiates a new program, project or activity; (2) eliminates 

13 a program, project or activity; (3) increases funds or per14 sonnel by any means for any project or activity for which 

15 funds have been denied or restricted; (4) relocates an of16 fice or employees; (5) reorganizes or renames offices, pro17 grams or activities; (6) contracts out or privatizes any 

18 functions or activities presently performed by Federal em19 ployees; (7) augments existing programs, projects or ac20 tivities in excess of $500,000 or 10 percent, whichever is 

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

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

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

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

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1 proved by Congress; unless the House and Senate Com2 mittees on Appropriations are notified 15 days in advance 

3 of such reprogramming of funds. 

4 SEC. 506. (a) If it has been finally determined by 

5 a court or Federal agency that any person intentionally 

6 affixed a label bearing a ‘‘Made in America’’ inscription, 

7 or any inscription with the same meaning, to any product 

8 sold in or shipped to the United States that is not made 

9 in the United States, the person shall be ineligible to re10 ceive any contract or subcontract made with funds made 

11 available in this Act, pursuant to the debarment, suspen12 sion, and ineligibility procedures described in sections 

13 9.400 through 9.409 of title 48, Code of Federal Regula14 tions. 

15 (b)(1) To the extent practicable, with respect to au16 thorized purchases of promotional items, funds made 

17 available by this Act shall be used to purchase items that 

18 are manufactured, produced, or assembled in the United 

19 States, its territories, or its possessions. 

20 (2) The term ‘‘promotional items’’ has the meaning 

21 given the term in OMB Circular A–87, Attachment B, 

22 Item (1)(f)(3). 

23 SEC. 507. (a) The Departments of Commerce and 

24 Justice, the National Science Foundation, and the Na25 tional Aeronautics and Space Administration shall provide 


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1 to the Committees on Appropriations of the House of Rep2 resentatives and the Senate a quarterly report on the sta3 tus of balances of appropriations at the account level. For 

4 unobligated, uncommitted balances and unobligated, com5 mitted balances the quarterly reports shall separately 

6 identify the amounts attributable to each source year of 

7 appropriation from which the balances were derived. For 

8 balances that are obligated, but unexpended, the quarterly 

9 reports shall separately identify amounts by the year of 

10 obligation. 

11 (b) The report described in subsection (a) shall be 

12 submitted within 30 days of the end of the first quarter 

13 of fiscal year 2013, and subsequent reports shall be sub14 mitted within 30 days of the end of each quarter there15 after. 

16 (c) If a department or agency is unable to fulfill any 

17 aspect of a reporting requirement described in subsection 

18 (a) due to a limitation of a current accounting system, 

19 the department or agency shall fulfill such aspect to the 

20 maximum extent practicable under such accounting sys21 tem and shall identify and describe in each quarterly re22 port the extent to which such aspect is not fulfilled. 

23 SEC. 508. Any costs incurred by a department or 

24 agency funded under this Act resulting from, or to pre25 vent, personnel actions taken in response to funding reVerDate Mar 15 2010 22:26 May 02, 2012 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H5326.RH H5326

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1 ductions included in this Act shall be absorbed within the 

2 total budgetary resources available to such department or 

3 agency: Provided, That the authority to transfer funds be4 tween appropriations accounts as may be necessary to 

5 carry out this section is provided in addition to authorities 

6 included elsewhere in this Act: Provided further, That use 

7 of funds to carry out this section shall be treated as a 

8 reprogramming of funds under section 505 of this Act and 

9 shall not be available for obligation or expenditure except 

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

11 SEC. 509. None of the funds provided by this Act 

12 shall be available to promote the sale or export of tobacco 

13 or tobacco products, or to seek the reduction or removal 

14 by any foreign country of restrictions on the marketing 

15 of tobacco or tobacco products, except for restrictions 

16 which are not applied equally to all tobacco or tobacco 

17 products of the same type. 

18 SEC. 510. None of the funds made available in this 

19 Act may be used to pay the salaries and expenses of per20 sonnel of the Department of Justice to obligate more than 

21 $720,000,000 during fiscal year 2013 from the fund es22 tablished by section 1402 of chapter XIV of title II of 

23 Public Law 98–473 (42 U.S.C. 10601). 

24 SEC. 511. None of the funds made available to the 

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1 nate against or denigrate the religious or moral beliefs of 

2 students who participate in programs for which financial 

3 assistance is provided from those funds, or of the parents 

4 or legal guardians of such students. 

5 SEC. 512. None of the funds made available in this 

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government, except 

8 pursuant to a transfer made by, or transfer authority pro9 vided in, this Act or any other appropriations Act. 

10 SEC. 513. Any funds provided in this Act used to im11 plement E-Government Initiatives shall be subject to the 

12 procedures set forth in section 505 of this Act. 

13 SEC. 514. (a) Tracing studies conducted by the Bu14 reau of Alcohol, Tobacco, Firearms and Explosives are re15 leased without adequate disclaimers regarding the limita16 tions of the data. 

17 (b) For fiscal year 2013 and thereafter, the Bureau 

18 of Alcohol, Tobacco, Firearms and Explosives shall include 

19 in all such data releases, language similar to the following 

20 that would make clear that trace data cannot be used to 

21 draw broad conclusions about firearms-related crime: 

22 (1) Firearm traces are designed to assist law 

23 enforcement authorities in conducting investigations 

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1 arms traces for any reason, and those reasons are 

2 not necessarily reported to the Federal Government. 

3 Not all firearms used in crime are traced and not all 

4 firearms traced are used in crime. 

5 (2) Firearms selected for tracing are not chosen 

6 for purposes of determining which types, makes, or 

7 models of firearms are used for illicit purposes. The 

8 firearms selected do not constitute a random sample 

9 and should not be considered representative of the 

10 larger universe of all firearms used by criminals, or 

11 any subset of that universe. Firearms are normally 

12 traced to the first retail seller, and sources reported 

13 for firearms traced do not necessarily represent the 

14 sources or methods by which firearms in general are 

15 acquired for use in crime. 

16 SEC. 515. (a) The Inspectors General of the Depart17 ment of Commerce, the Department of Justice, the Na18 tional Aeronautics and Space Administration, the Na19 tional Science Foundation, and the Legal Services Cor20 poration shall conduct audits, pursuant to the Inspector 

21 General Act (5 U.S.C. App.), of grants or contracts for 

22 which funds are appropriated by this Act, and shall submit 

23 reports to Congress on the progress of such audits, which 

24 may include preliminary findings and a description of 

25 areas of particular interest, within 180 days after initiVerDate Mar 15 2010 22:26 May 02, 2012 Jkt 019200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H5326.RH H5326

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1 ating such an audit and every 180 days thereafter until 

2 any such audit is completed. 

3 (b) Within 60 days after the date on which an audit 

4 described in subsection (a) by an Inspector General is 

5 completed, the Secretary, Attorney General, Adminis6 trator, Director, or President, as appropriate, shall make 

7 the results of the audit available to the public on the Inter8 net website maintained by the Department, Administra9 tion, Foundation, or Corporation, respectively. The results 

10 shall be made available in redacted form to exclude— 

11 (1) any matter described in section 552(b) of 

12 title 5, United States Code; and 

13 (2) sensitive personal information for any indi14 vidual, the public access to which could be used to 

15 commit identity theft or for other inappropriate or 

16 unlawful purposes. 

17 (c) A grant or contract funded by amounts appro18 priated by this Act may not be used for the purpose of 

19 defraying the costs of a banquet or conference that is not 

20 directly and programmatically related to the purpose for 

21 which the grant or contract was awarded, such as a ban22 quet or conference held in connection with planning, train23 ing, assessment, review, or other routine purposes related 

24 to a project funded by the grant or contract. 


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1 (d) Any person awarded a grant or contract funded 

2 by amounts appropriated by this Act shall submit a state3 ment to the Secretary of Commerce, the Attorney General, 

4 the Administrator, Director, or President, as appropriate, 

5 certifying that no funds derived from the grant or contract 

6 will be made available through a subcontract or in any 

7 other manner to another person who has a financial inter8 est in the person awarded the grant or contract. 

9 (e) The provisions of the preceding subsections of this 

10 section shall take effect 30 days after the date on which 

11 the Director of the Office of Management and Budget, in 

12 consultation with the Director of the Office of Government 

13 Ethics, determines that a uniform set of rules and require14 ments, substantially similar to the requirements in such 

15 subsections, consistently apply under the executive branch 

16 ethics program to all Federal departments, agencies, and 

17 entities. 

18 SEC. 516. (a) None of the funds appropriated or oth19 erwise made available under this Act may be used by the 

20 Departments of Commerce and Justice, the National Aer21 onautics and Space Administration, or the National 

22 Science Foundation to acquire an information technology 

23 system unless the head of the entity involved, in consulta24 tion with the Federal Bureau of Investigation or other ap25 propriate Federal entity, has made an assessment of any 


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1 associated risk of cyber-espionage or sabotage associated 

2 with the acquisition of such system, including any risk as3 sociated with such system being produced, manufactured 

4 or assembled by one or more entities that are owned, di5 rected or subsidized by the People’s Republic of China. 

6 (b) None of the funds appropriated or otherwise 

7 made available under this Act may be used to acquire an 

8 information technology system described in an assessment 

9 required by subsection (a) and produced, manufactured or 

10 assembled by one or more entities that are owned, directed 

11 or subsidized by the People’s Republic of China unless the 

12 head of the assessing entity described in subsection (a) 

13 determines, and reports that determination to the Com14 mittees on Appropriations of the House of Representatives 

15 and the Senate, that the acquisition of such system is in 

16 the national interest of the United States. 

17 SEC. 517. None of the funds made available in this 

18 Act shall be used in any way whatsoever to support or 

19 justify the use of torture by any official or contract em20 ployee of the United States Government. 

21 SEC. 518. (a) Notwithstanding any other provision 

22 of law or treaty, in the current fiscal year and any fiscal 

23 year thereafter, none of the funds appropriated or other24 wise made available under this Act or any other Act may 

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1 strumentality of the United States to pay administrative 

2 expenses or to compensate an officer or employee of the 

3 United States in connection with requiring an export li4 cense for the export to Canada of components, parts, ac5 cessories or attachments for firearms listed in Category 

6 I, section 121.1 of title 22, Code of Federal Regulations 

7 (International Trafficking in Arms Regulations (ITAR), 

8 part 121, as it existed on April 1, 2005) with a total value 

9 not exceeding $500 wholesale in any transaction, provided 

10 that the conditions of subsection (b) of this section are 

11 met by the exporting party for such articles. 

12 (b) The foregoing exemption from obtaining an ex13 port license— 

14 (1) does not exempt an exporter from filing any 

15 Shipper’s Export Declaration or notification letter 

16 required by law, or from being otherwise eligible 

17 under the laws of the United States to possess, ship, 

18 transport, or export the articles enumerated in sub19 section (a); and 

20 (2) does not permit the export without a license 

21 of— 

22 (A) fully automatic firearms and compo23 nents and parts for such firearms, other than 

24 for end use by the Federal Government, or a 

25 Provincial or Municipal Government of Canada; 


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1 (B) barrels, cylinders, receivers (frames) or 

2 complete breech mechanisms for any firearm 

3 listed in Category I, other than for end use by 

4 the Federal Government, or a Provincial or Mu5 nicipal Government of Canada; or 

6 (C) articles for export from Canada to an7 other foreign destination. 

8 (c) accordance with this section, the District Direc9 tors of Customs and postmasters shall permit the perma10 nent or temporary export without a license of any unclassi11 fied articles specified in subsection (a) to Canada for end 

12 use in Canada or return to the United States, or tem13 porary import of Canadian-origin items from Canada for 

14 end use in the United States or return to Canada for a 

15 Canadian citizen. 

16 (d) The President may require export licenses under 

17 this section on a temporary basis if the President deter18 mines, upon publication first in the Federal Register, that 

19 the Government of Canada has implemented or main20 tained inadequate import controls for the articles specified 

21 in subsection (a), such that a significant diversion of such 

22 articles has and continues to take place for use in inter23 national terrorism or in the escalation of a conflict in an24 other nation. The President shall terminate the requireVerDate Mar 15 2010 22:26 May 02, 2012 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H5326.RH H5326

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1 ments of a license when reasons for the temporary require2 ments have ceased. 

3 SEC. 519. Notwithstanding any other provision of 

4 law, in the current fiscal year and any fiscal year there5 after, no department, agency, or instrumentality of the 

6 United States receiving appropriated funds under this Act 

7 or any other Act shall obligate or expend in any way such 

8 funds to pay administrative expenses or the compensation 

9 of any officer or employee of the United States to deny 

10 any application submitted pursuant to 22 U.S.C. 

11 2778(b)(1)(B) and qualified pursuant to 27 CFR section 

12 478.112 or .113, for a permit to import United States ori13 gin ‘‘curios or relics’’ firearms, parts, or ammunition. 

14 SEC. 520. None of the funds made available in this 

15 Act may be used to include in any new bilateral or multi16 lateral trade agreement the text of— 

17 (1) paragraph 2 of article 16.7 of the United 

18 States-Singapore Free Trade Agreement; 

19 (2) paragraph 4 of article 17.9 of the United 

20 States-Australia Free Trade Agreement; or 

21 (3) paragraph 4 of article 15.9 of the United 

22 States-Morocco Free Trade Agreement. 

23 SEC. 521. None of the funds made available in this 

24 Act may be used to authorize or issue a national security 

25 letter in contravention of any of the following laws authorVerDate Mar 15 2010 22:26 May 02, 2012 Jkt 019200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H5326.RH H5326

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1 izing the Federal Bureau of Investigation to issue national 

2 security letters: The Right to Financial Privacy Act; The 

3 Electronic Communications Privacy Act; The Fair Credit 

4 Reporting Act; The National Security Act of 1947; USA 

5 PATRIOT Act; and the laws amended by these Acts. 

6 SEC. 522. If at any time during any quarter, the pro7 gram manager of a project within the jurisdiction of the 

8 Departments of Commerce or Justice, the National Aero9 nautics and Space Administration, or the National Science 

10 Foundation totaling more than $75,000,000 has reason11 able cause to believe that the total program cost has in12 creased by 10 percent, the program manager shall imme13 diately inform the respective Secretary, Administrator, or 

14 Director. The Secretary, Administrator, or Director shall 

15 notify the House and Senate Committees on Appropria16 tions within 30 days in writing of such increase, and shall 

17 include in such notice: the date on which such determina18 tion was made; a statement of the reasons for such in19 creases; the action taken and proposed to be taken to con20 trol future cost growth of the project; changes made in 

21 the performance or schedule milestones and the degree to 

22 which such changes have contributed to the increase in 

23 total program costs or procurement costs; new estimates 

24 of the total project or procurement costs; and a statement 


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1 validating that the project’s management structure is ade2 quate to control total project or procurement costs. 

3 SEC. 523. Funds appropriated by this Act, or made 

4 available by the transfer of funds in this Act, for intel5 ligence or intelligence related activities are deemed to be 

6 specifically authorized by the Congress for purposes of sec7 tion 504 of the National Security Act of 1947 (50 U.S.C. 

8 414) during fiscal year 2013 until the enactment of the 

9 Intelligence Authorization Act for fiscal year 2013. 

10 SEC. 524. The Departments, agencies, and commis11 sions funded under this Act, shall establish and maintain 

12 on the homepages of their Internet websites— 

13 (1) a direct link to the Internet websites of 

14 their Offices of Inspectors General; and 

15 (2) a mechanism on the Offices of Inspectors 

16 General website by which individuals may anony17 mously report cases of waste, fraud, or abuse with 

18 respect to those Departments, agencies, and commis19 sions. 

20 SEC. 525. None of the funds appropriated or other21 wise made available by this Act may be used to enter into 

22 a contract in an amount greater than $5,000,000 or to 

23 award a grant in excess of such amount unless the pro24 spective contractor or grantee certifies in writing to the 

25 agency awarding the contract or grant that, to the best 


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1 of its knowledge and belief, the contractor or grantee has 

2 filed all Federal tax returns required during the three 

3 years preceding the certification, has not been convicted 

4 of a criminal offense under the Internal Revenue Code of 

5 1986, and has not, more than 90 days prior to certifi6 cation, been notified of any unpaid Federal tax assessment 

7 for which the liability remains unsatisfied, unless the as8 sessment is the subject of an installment agreement or 

9 offer in compromise that has been approved by the Inter10 nal Revenue Service and is not in default, or the assess11 ment is the subject of a non-frivolous administrative or 

12 judicial proceeding. 

13 (RESCISSIONS)

14 SEC. 526. (a) Of the unobligated balances available 

15 to the Department of Justice, the following funds are 

16 hereby rescinded, not later than September 30, 2013, from 

17 the following accounts in the specified amounts— 

18 (1) ‘‘Working Capital Fund’’, $26,000,000; 

19 (2) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

20 $675,000,000, of which $314,000,000 shall be per21 manently rescinded; 

22 (3) ‘‘Bureau of Alcohol, Tobacco, Firearms and 

23 Explosives, Violent Crime Reduction Program’’, 

24 $1,028,000; 


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1 (4) ‘‘Federal Prison System, Buildings and Fa2 cilities’’, $64,700,000; 

3 (5) ‘‘State and Local Law Enforcement Activi4 ties, Office on Violence Against Women, Violence 

5 Against Women Prevention and Prosecution Pro6 grams’’, $12,000,000; 

7 (6) ‘‘State and Local Law Enforcement Activi8 ties, Office of Justice Programs’’, $43,000,000; and 

9 (7) ‘‘State and Local Law Enforcement Activi10 ties, Community Oriented Policing Services’’, 

11 $12,200,000. 

12 (b) The Department of Justice shall submit to the 

13 Committees on Appropriations of the House of Represent14 atives and the Senate a report no later than September 

15 1, 2013 specifying the amount of each rescission made 

16 pursuant to subsection (a). 

17 SEC. 527. None of the funds made available in this 

18 Act may be used to purchase first class or premium airline 

19 travel in contravention of sections 301–10.122 through 

20 301–10.124 of title 41 of the Code of Federal Regulations. 

21 SEC. 528. None of the funds made available in this 

22 Act may be used to send or otherwise pay for the attend23 ance of more than 50 employees from a Federal depart24 ment or agency at any single conference occurring outside 

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1 ment training or operational conference for law enforce2 ment personnel and the majority of Federal employees in 

3 attendance are law enforcement personnel stationed out4 side the United States. 

5 SEC. 529. None of the funds appropriated or other6 wise made available in this or any other Act may be used 

7 to transfer, release, or assist in the transfer or release to 

8 or within the United States, its territories, or possessions 

9 Khalid Sheikh Mohammed or any other detainee who— 

10 (1) is not a United States citizen or a member 

11 of the Armed Forces of the United States; and 

12 (2) is or was held on or after June 24, 2009, 

13 at the United States Naval Station, Guantanamo 

14 Bay, Cuba, by the Department of Defense. 

15 SEC. 530. (a) None of the funds appropriated or oth16 erwise made available in this or any other Act may be used 

17 to construct, acquire, or modify any facility in the United 

18 States, its territories, or possessions to house any indi19 vidual described in subsection (c) for the purposes of de20 tention or imprisonment in the custody or under the effec21 tive control of the Department of Defense. 

22 (b) The prohibition in subsection (a) shall not apply 

23 to any modification of facilities at United States Naval 

24 Station, Guantanamo Bay, Cuba. 


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1 (c) An individual described in this subsection is any 

2 individual who, as of June 24, 2009, is located at United 

3 States Naval Station, Guantanamo Bay, Cuba, and who— 

4 (1) is not a citizen of the United States or a 

5 member of the Armed Forces of the United States; 

6 and 

7 (2) is— 

8 (A) in the custody or under the effective 

9 control of the Department of Defense; or 

10 (B) otherwise under detention at United 

11 States Naval Station, Guantanamo Bay, Cuba. 

12 SEC. 531. None of the funds made available in this 

13 Act may be distributed to the Association of Community 

14 Organizations for Reform Now (ACORN) or its subsidi15 aries. 

16 SEC. 532. To the extent practicable, funds made 

17 available in this Act should be used to purchase light bulbs 

18 that are ‘‘Energy Star’’ qualified or have the ‘‘Federal En19 ergy Management Program’’ designation. 

20 SEC. 533. The Director of the Office of Management 

21 and Budget shall instruct any department, agency, or in22 strumentality of the United States Government receiving 

23 funds appropriated in this Act to track undisbursed bal24 ances in expired grant accounts and include in its annual 


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1 performance plan and performance and accountability re2 ports the following: 

3 (1) Details on future action the department, 

4 agency, or instrumentality will take to resolve 

5 undisbursed balances in expired grant accounts. 

6 (2) The method that the department, agency, or 

7 instrumentality uses to track undisbursed balances 

8 in expired grant accounts. 

9 (3) Identification of undisbursed balances in ex10 pired grant accounts that may be returned to the 

11 Treasury of the United States. 

12 (4) In the preceding 3 fiscal years, details on 

13 the total number of expired grant accounts with 

14 undisbursed balances (on the first day of each fiscal 

15 year) for the department, agency, or instrumentality 

16 and the total finances that have not been obligated 

17 to a specific project remaining in the accounts. 

18 SEC. 534. (a) None of the funds made available by 

19 this Act may be used for the National Aeronautics and 

20 Space Administration (NASA) or the Office of Science 

21 and Technology Policy (OSTP) to develop, design, plan, 

22 promulgate, implement, or execute a bilateral policy, pro23 gram, order, or contract of any kind to participate, col24 laborate, or coordinate bilaterally in any way with China 

25 or any Chinese-owned company unless such activities are 


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1 specifically authorized by a law enacted after the date of 

2 enactment of this Act. 

3 (b) The limitation in subsection (a) shall also apply 

4 to any funds used to effectuate the hosting of official Chi5 nese visitors at facilities belonging to or utilized by NASA. 

6 (c) The limitations described in subsections (a) and 

7 (b) shall not apply to activities which NASA or OSTP has 

8 certified— 

9 (1) pose no risk of resulting in the transfer of 

10 technology, data, or other information with national 

11 security or economic security implications to China 

12 or a Chinese-owned company; and 

13 (2) will not involve knowing interactions with 

14 officials who have been determined by the United 

15 States to have direct involvement with violations of 

16 human rights. 

17 (d) Any certification made under subsection (c) shall 

18 be submitted to the Committees on Appropriations of the 

19 House of Representatives and the Senate no later than 

20 30 days prior to the activity in question and shall include 

21 a description of the purpose of the activity, its agenda, 

22 its major participants, and its location and timing. 

23 SEC. 535. (a) The head of any department, agency, 

24 board or commission funded by this Act shall submit quar25 terly reports to the Inspector General, or the senior ethics 


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1 official for any entity without an inspector general, of the 

2 appropriate department, agency, board or commission re3 garding the costs and contracting procedures relating to 

4 each conference held by the department, agency, board or 

5 commission during fiscal year 2013 for which the cost to 

6 the Government was more than $20,000. 

7 (b) Each report submitted under subsection (a) shall 

8 include, for each conference described in that subsection 

9 held during the applicable quarter— 

10 (1) a description of the subject of and number 

11 of participants attending that conference; 

12 (2) a detailed statement of the costs to the Gov13 ernment relating to that conference, including— 

14 (A) the cost of any food or beverages; 

15 (B) the cost of any audio-visual services; 

16 and 

17 (C) a discussion of the methodology used 

18 to determine which costs relate to that con19 ference; and 

20 (3) a description of the contracting procedures 

21 relating to that conference, including— 

22 (A) whether contracts were awarded on a 

23 competitive basis for that conference; and 

24 (B) a discussion of any cost comparison 

25 conducted by the department, agency, board or 


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1 commission in evaluating potential contractors 

2 for that conference. 

3 SEC. 536. None of the funds made available in this 

4 Act may be used to pay the salaries or expenses of per5 sonnel to deny, or fail to act on, an application for the 

6 importation of any model of shotgun if— 

7 (1) all other requirements of law with respect to 

8 the proposed importation are met; and 

9 (2) no application for the importation of such 

10 model of shotgun, in the same configuration, had 

11 been denied by the Attorney General prior to Janu12 ary 1, 2011, on the basis that the shotgun was not 

13 particularly suitable for or readily adaptable to 

14 sporting purposes. 

15 SEC. 537. (a) None of the funds made available in 

16 this Act may be used to maintain or establish a computer 

17 network unless such network blocks the viewing, 

18 downloading, and exchanging of pornography. 

19 (b) Nothing in subsection (a) shall limit the use of 

20 funds necessary for any Federal, State, tribal, or local law 

21 enforcement agency or any other entity carrying out crimi22 nal investigations, prosecution, or adjudication activities. 

23 SEC. 538. None of the funds made available by this 

24 Act may be used to enter into a contract, memorandum 

25 of understanding, or cooperative agreement with, make a 


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1 grant to, or provide a loan or loan guarantee to, any cor2 poration that was convicted of a felony criminal violation 

3 under any Federal law within the preceding 24 months, 

4 where the awarding agency is aware of the conviction, un5 less an agency has considered suspension or debarment 

6 of the corporation and has made a determination that this 

7 further action is not necessary to protect the interests of 

8 the Government. 

9 SEC. 539. None of the funds made available by this 

10 Act may be used to enter into a contract, memorandum 

11 of understanding, or cooperative agreement with, make a 

12 grant to, or provide a loan or loan guarantee to, any cor13 poration that has any unpaid Federal tax liability that has 

14 been assessed, for which all judicial and administrative 

15 remedies have been exhausted or have lapsed, and that 

16 is not being paid in a timely manner pursuant to an agree17 ment with the authority responsible for collecting the tax 

18 liability, where the awarding agency is aware of the unpaid 

19 tax liability, unless an agency has considered suspension 

20 or debarment of the corporation and has made a deter21 mination that this further action is not necessary to pro22 tect the interests of the Government. 

23 SEC. 540. None of the funds made available by this 

24 Act may be used to implement, administer, or enforce the 

25 final regulations on ‘‘Disparate Impact and Reasonable 


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1 Factors Other Than Age Under the Age Discrimination 

2 in Employment Act’’ published by the Equal Employment 

3 Opportunity Commission in the Federal Register on 

4 March 30, 2012 (77 Fed. Reg. 19080 et seq.). 

5 SPENDING REDUCTION ACCOUNT

6 SEC. 541. The amount by which the applicable alloca7 tion of new budget authority made by the Committee on 

8 Appropriations of the House of Representatives under sec9 tion 302(b) of the Congressional Budget Act of 1974 ex10 ceeds the amount of proposed new budget authority is $0. 

11 This Act may be cited as the ‘‘Commerce, Justice, 

12 Science, and Related Agencies Appropriations Act, 2013’’. 


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Union Calendar No. 324 

112TH CONGRESS 

2D SESSION H. R. 5326 

[Report No. 112–463] 

A BILL 

Making appropriations for the Departments of 

2013, and for other purposes. Agencies for the fiscal year ending September 30, Commerce and Justice, Science, and Related 

MAY 2, 2012 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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