II 
Calendar No. 397 
112TH CONGRESS 
2D SESSION 
H. R. 5326 
IN THE SENATE OF THE UNITED STATES 
MAY 14, 2012 
Received; read twice and placed on the calendar 
AN ACT 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2013, and for other pur-
poses, namely: 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
TITLE I 
DEPARTMENT OF COMMERCE 
INTERNATIONAL TRADE ADMINISTRATION 
OPERATIONS AND ADMINISTRATION 
For necessary expenses for international trade activi-
ties of the Department of Commerce provided for by law, 
and for engaging in trade promotional activities abroad, 
including expenses of grants and cooperative agreements 
for the purpose of promoting exports of United States 
firms, without regard to sections 3702 and 3703 of title 
44, United States Code; full medical coverage for depend-
ent members of immediate families of employees stationed 
overseas and employees temporarily posted overseas; travel 
and transportation of employees of the International 
Trade Administration between two points abroad, without 
regard to section 40118 of title 49, United States Code; 
employment of citizens of the United States and aliens by 
contract for services; rental of space abroad for periods 
not exceeding 10 years, and expenses of alteration, repair, 
or improvement; purchase or construction of temporary 
demountable exhibition structures for use abroad; pay-
ment of tort claims, in the manner authorized in the first 
paragraph of section 2672 of title 28, United States Code, 
when such claims arise in foreign countries; not to exceed 
$294,300 for official representation expenses abroad; pur-
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
chase of passenger motor vehicles for official use abroad, 
not to exceed $45,000 per vehicle; obtaining insurance on 
official 
motor 
vehicles; 
and 
rental 
of 
tie 
lines, 
$467,737,000, to remain available until September 30, 
2014, of which $9,439,000 is to be derived from fees to 
be retained and used by the International Trade Adminis-
tration, notwithstanding section 3302 of title 31, United 
States Code: Provided, That, of amounts provided under 
this heading, not less than $11,400,000 (increased by 
$5,000,000) shall be for China antidumping and counter-
vailing duty enforcement and compliance activities: Pro-
vided further, That the provisions of the first sentence of 
section 105(f) and all of section 108(c) of the Mutual Edu-
cational and Cultural Exchange Act of 1961 (22 U.S.C. 
2455(f) and 2458(c)) shall apply in carrying out these ac-
tivities; and that for the purpose of this Act, contributions 
under the provisions of the Mutual Educational and Cul-
tural Exchange Act of 1961 shall include payment for as-
sessments for services provided as part of these activities. 
BUREAU OF INDUSTRY AND SECURITY 
OPERATIONS AND ADMINISTRATION 
For necessary expenses for export administration and 
national security activities of the Department of Com-
merce, including costs associated with the performance of 
export administration field activities both domestically and 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
abroad; full medical coverage for dependent members of 
immediate families of employees stationed overseas; em-
ployment of citizens of the United States and aliens by 
contract for services abroad; payment of tort claims, in 
the manner authorized in the first paragraph of section 
2672 of title 28, United States Code, when such claims 
arise in foreign countries; not to exceed $13,500 for offi-
cial representation expenses abroad; awards of compensa-
tion to informers under the Export Administration Act of 
1979, and as authorized by section 1(b) of the Act of June 
15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase 
of passenger motor vehicles for official use and motor vehi-
cles for law enforcement use with special requirement vehi-
cles eligible for purchase without regard to any price limi-
tation otherwise established by law, $101,000,000, to re-
main available until expended: Provided, That the provi-
sions of the first sentence of section 105(f) and all of sec-
tion 108(c) of the Mutual Educational and Cultural Ex-
change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 
apply in carrying out these activities: Provided further, 
That payments and contributions collected and accepted 
for materials or services provided as part of such activities 
may be retained for use in covering the cost of such activi-
ties, and for providing information to the public with re-
spect to the export administration and national security 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
activities of the Department of Commerce and other ex-
port control programs of the United States and other gov-
ernments. 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
For grants for economic development assistance as 
provided by the Public Works and Economic Development 
Act of 1965, for trade adjustment assistance, for the cost 
of loan guarantees authorized by section 26 of the Steven-
son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3721), and for grants, including grants authorized under 
section 27 of the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3722), $182,000,000, to remain 
available until expended; of which $5,000,000 shall be for 
projects to facilitate the relocation, to the United States, 
of a source of employment located outside the United 
States; and of which up to $5,000,000 shall be for loan 
guarantees under section 26: Provided, That the costs for 
loan guarantees, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That these 
funds for loan guarantees under such section 26 are avail-
able to subsidize total loan principal, any part of which 
is to be guaranteed, not to exceed $70,000,000. 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
SALARIES AND EXPENSES 
For necessary expenses of administering the eco-
nomic development assistance programs as provided for by 
law, $37,500,000: Provided, That these funds may be used 
to monitor projects approved pursuant to title I of the 
Public Works Employment Act of 1976, title II of the 
Trade Act of 1974, and the Community Emergency 
Drought Relief Act of 1977. 
MINORITY BUSINESS DEVELOPMENT AGENCY 
MINORITY BUSINESS DEVELOPMENT 
For necessary expenses of the Department of Com-
merce in fostering, promoting, and developing minority 
business enterprise, including expenses of grants, con-
tracts, and other agreements with public or private organi-
zations, $28,689,000. 
ECONOMIC AND STATISTICAL ANALYSIS 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by law, of eco-
nomic and statistical analysis programs of the Department 
of Commerce, $96,000,000, to remain available until Sep-
tember 30, 2014. 
BUREAU OF THE CENSUS 
SALARIES AND EXPENSES 
For necessary expenses for collecting, compiling, ana-
lyzing, preparing and publishing statistics, provided for by 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
law, $253,336,000: Provided, That, from amounts pro-
vided herein, funds may be used for promotion, outreach, 
and marketing activities. 
PERIODIC CENSUSES AND PROGRAMS 
For necessary expenses for collecting, compiling, ana-
lyzing, preparing and publishing statistics for periodic cen-
suses and programs, provided for by law, $625,357,000 
(reduced by $4,000,000), to remain available until Sep-
tember 30, 2014: Provided, That from amounts provided 
herein, funds may be used for promotion, outreach, and 
marketing activities. 
NATIONAL TELECOMMUNICATIONS AND INFORMATION 
ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses, as provided for by law, of 
the National Telecommunications and Information Ad-
ministration (NTIA), $45,568,000, to remain available 
until September 30, 2014: Provided, That, notwith-
standing 31 U.S.C. 1535(d), the Secretary of Commerce 
shall charge Federal agencies for costs incurred in spec-
trum management, analysis, operations, and related serv-
ices, and such fees shall be retained and used as offsetting 
collections for costs of such spectrum services, to remain 
available until expended: Provided further, That the Sec-
retary of Commerce is authorized to retain and use as off-
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
setting collections all funds transferred, or previously 
transferred, from other Government agencies for all costs 
incurred in telecommunications research, engineering, and 
related activities by the Institute for Telecommunication 
Sciences of NTIA, in furtherance of its assigned functions 
under this paragraph, and such funds received from other 
Government agencies shall remain available until ex-
pended. 
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING 
AND CONSTRUCTION 
For the administration of prior-year grants, recov-
eries and unobligated balances of funds previously appro-
priated are available for the administration of all open 
grants until their expiration. 
U.S. PATENT AND TRADEMARK OFFICE 
SALARIES AND EXPENSES 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the United States Patent 
and Trademark Office (USPTO) provided for by law, in-
cluding defense of suits instituted against the Under Sec-
retary of Commerce for Intellectual Property and Director 
of the USPTO, $2,933,241,000 to remain available until 
expended: Provided, That the sum herein appropriated 
from the general fund shall be reduced as offsetting collec-
tions of fees and surcharges assessed and collected by the 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
USPTO under any law are received during fiscal year 
2013, so as to result in a fiscal year 2013 appropriation 
from the general fund estimated at $0: Provided further, 
That during fiscal year 2013, should the total amount of 
such offsetting collections be less than $2,933,241,000 
this amount shall be reduced accordingly: Provided fur-
ther, 
That 
any 
amount 
received 
in 
excess 
of 
$2,933,241,000 in fiscal year 2013 and deposited in the 
Patent and Trademark Fee Reserve Fund shall remain 
available until expended: Provided further, That the Direc-
tor of USPTO shall submit a spending plan to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate for any amounts made available by the 
preceding proviso and such spending plan shall be treated 
as a reprogramming under section 505 of this Act and 
shall not be available for obligation or expenditure except 
in compliance with the procedures set forth in that section: 
Provided further, That from amounts provided herein, not 
to exceed $900 shall be made available in fiscal year 2013 
for official reception and representation expenses: Pro-
vided further, That in fiscal year 2013 from the amounts 
made available for ‘‘Salaries and Expenses’’ for the 
USPTO, the amounts necessary to pay (1) the difference 
between the percentage of basic pay contributed by the 
USPTO and employees under section 8334(a) of title 5, 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
United States Code, and the normal cost percentage (as 
defined by section 8331(17) of that title) as provided by 
the Office of Personnel Management (OPM) for USPTO’s 
specific use, of basic pay, of employees subject to sub-
chapter III of chapter 83 of that title, and (2) the present 
value of the otherwise unfunded accruing costs, as deter-
mined by OPM for USPTO’s specific use of post-retire-
ment life insurance and post-retirement health benefits 
coverage for all USPTO employees who are enrolled in 
Federal Employees Health Benefits (FEHB) and Federal 
Employees Group Life Insurance (FEGLI), shall be trans-
ferred to the Civil Service Retirement and Disability 
Fund, the FEGLI Fund, and the FEHB Fund, as appro-
priate, and shall be available for the authorized purposes 
of those accounts: Provided further, That any differences 
between the present value factors published in OPM’s 
yearly 300 series benefit letters and the factors that OPM 
provides for USPTO’s specific use shall be recognized as 
an imputed cost on USPTO’s financial statements, where 
applicable: Provided further, That, notwithstanding any 
other provision of law, all fees and surcharges assessed 
and collected by USPTO are available for USPTO only 
pursuant to section 42(c) of title 35, United States Code, 
as amended by section 22 of the Leahy-Smith America 
Invents Act (Public Law 112–29): Provided further, That 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
within the amounts appropriated, $2,000,000 shall be 
transferred to the ‘‘Office of Inspector General’’ account 
for activities associated with carrying out investigations 
and audits related to the USPTO. 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 
For necessary expenses of the National Institute of 
Standards and Technology, $621,173,000, to remain 
available until expended, of which not to exceed 
$9,000,000 may be transferred to the ‘‘Working Capital 
Fund’’ Provided, That not to exceed $5,000 shall be for 
official reception and representation expenses. 
INDUSTRIAL TECHNOLOGY SERVICES 
For necessary expenses for industrial technology 
services, $149,000,000, to remain available until ex-
pended, of which $128,000,000 shall be for the Manufac-
turing Extension Partnership, and of which $21,000,000 
shall be for the Advanced Manufacturing Technology Con-
sortia. 
CONSTRUCTION OF RESEARCH FACILITIES 
For construction of new research facilities, including 
architectural and engineering design, and for renovation 
and maintenance of existing facilities, not otherwise pro-
vided for the National Institute of Standards and Tech-
nology, as authorized by sections 13 through 15 of the 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
National Institute of Standards and Technology Act (15 
U.S.C. 278c–278e), $60,000,000, to remain available until 
expended: Provided, That the Secretary of Commerce shall 
include in the budget justification materials that the Sec-
retary submits to Congress in support of the Department 
of Commerce budget (as submitted with the budget of the 
President under section 1105(a) of title 31, United States 
Code) an estimate for each National Institute of Stand-
ards and Technology construction project having a total 
multi-year program cost of more than $5,000,000 and si-
multaneously the budget justification materials shall in-
clude an estimate of the budgetary requirements for each 
such project for each of the five subsequent fiscal years. 
NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of activities authorized by law 
for the National Oceanic and Atmospheric Administration, 
including maintenance, operation, and hire of aircraft and 
vessels; grants, contracts, or other payments to nonprofit 
organizations for the purposes of conducting activities 
pursuant to cooperative agreements; and relocation of fa-
cilities, $2,968,371,000 (increased by $1,600,000) (re-
duced by $542,000) (reduced by $18,000,000), to remain 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
available until September 30, 2014, except that funds pro-
vided for cooperative enforcement shall remain available 
until September 30, 2015: Provided, That fees and dona-
tions received by the National Ocean Service for the man-
agement of national marine sanctuaries may be retained 
and used for the salaries and expenses associated with 
those activities, notwithstanding section 3302 of title 31, 
United States Code: Provided further, That in addition, 
$119,064,000 shall be derived by transfer from the fund 
entitled ‘‘Promote and Develop Fishery Products and Re-
search Pertaining to American Fisheries’’: Provided fur-
ther, That of the $3,102,435,000 (reduced by $542,000) 
(reduced by $18,000,000) provided for in direct obliga-
tions under this heading, $2,968,371,000 (reduced by 
$542,000) (reduced by $18,000,000) is appropriated from 
the general fund, $119,064,000 is provided by transfer, 
and $15,000,000 is derived from recoveries of prior year 
obligations: Provided further, That the total amount avail-
able for National Oceanic and Atmospheric Administra-
tion corporate services administrative support costs shall 
not exceed $207,013,000: Provided further, That any devi-
ation from the amounts designated for specific activities 
in the statement accompanying this Act, or any use of 
deobligated balances of funds provided under this heading 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
in previous years, shall be subject to the procedures set 
forth in section 505 of this Act. 
In addition, for necessary retired pay expenses under 
the Retired Serviceman’s Family Protection and Survivor 
Benefits Plan, and for payments for the medical care of 
retired personnel and their dependents under the Depend-
ents Medical Care Act (10 U.S.C. 55), such sums as may 
be necessary. 
PROCUREMENT, ACQUISITION AND CONSTRUCTION 
For procurement, acquisition and construction of 
capital assets, including alteration and modification costs, 
of the National Oceanic and Atmospheric Administration, 
$1,931,948,000, to remain available until September 30, 
2015, except that funds provided for construction of facili-
ties shall remain available until expended: Provided, That 
of the $1,946,948,000 provided for in direct obligations 
under this heading, $1,931,948,000 is appropriated from 
the general fund and $15,000,000 is provided from recov-
eries of prior year obligations: Provided further, That any 
deviation from the amounts designated for specific activi-
ties in the statement accompanying this Act, or any use 
of deobligated balances of funds provided under this head-
ing in previous years, shall be subject to the procedures 
set forth in section 505 of this Act: Provided further, That 
the Secretary of Commerce shall include in budget jus-
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
tification materials that the Secretary submits to Congress 
in support of the Department of Commerce budget (as 
submitted with the budget of the President under section 
1105(a) of title 31, United States Code) an estimate for 
each National Oceanic and Atmospheric Administration 
procurement, acquisition or construction project having a 
total of more than $5,000,000 and simultaneously the 
budget justification shall include an estimate of the budg-
etary requirements for each such project for each of the 
5 subsequent fiscal years. 
PACIFIC COASTAL SALMON RECOVERY 
For necessary expenses associated with the restora-
tion of Pacific salmon populations, $65,000,000, to re-
main available until September 30, 2014: Provided, That, 
of the funds provided herein, the Secretary of Commerce 
may issue grants to the States of Washington, Oregon, 
Idaho, Nevada, California, and Alaska, and to the Feder-
ally recognized tribes of the Columbia River and Pacific 
Coast (including Alaska), for projects necessary for con-
servation of salmon and steelhead populations that are 
listed as threatened or endangered, or that are identified 
by a State as at-risk to be so listed, for maintaining popu-
lations necessary for exercise of tribal treaty fishing rights 
or native subsistence fishing, or for conservation of Pacific 
coastal salmon and steelhead habitat, based on guidelines 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
to be developed by the Secretary of Commerce: Provided 
further, That all funds shall be allocated based on sci-
entific and other merit principles and shall not be available 
for marketing activities: Provided further, That funds dis-
bursed to States shall be subject to a matching require-
ment of funds or documented in-kind contributions of at 
least 33 percent of the Federal funds. 
FISHERMEN’S CONTINGENCY FUND 
For carrying out the provisions of title IV of Public 
Law 95–372, not to exceed $350,000, to be derived from 
receipts collected pursuant to that Act, to remain available 
until expended. 
FISHERIES FINANCE PROGRAM ACCOUNT 
Subject to section 502 of the Congressional Budget 
Act of 1974, during fiscal year 2013, obligations of direct 
loans may not exceed $24,000,000 for Individual Fishing 
Quota loans and not to exceed $59,000,000 for traditional 
direct loans as authorized by the Merchant Marine Act 
of 1936: Provided, That none of the funds made available 
under this heading may be used for direct loans for any 
new fishing vessel that will increase the harvesting capac-
ity in any United States fishery. 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
For necessary expenses for the management of the 
Department of Commerce provided for by law, including 
not to exceed $4,500 for official reception and representa-
tion, $55,000,000: Provided, That the Secretary of Com-
merce shall maintain a task force on job repatriation and 
manufacturing growth and shall produce an annual report 
on related incentive strategies, implementation plans and 
program results. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978 (5 U.S.C. App.), $28,753,000. 
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE 
SEC. 101. During the current fiscal year, applicable 
appropriations and funds made available to the Depart-
ment of Commerce by this Act shall be available for the 
activities specified in the Act of October 26, 1949 (15 
U.S.C. 1514), to the extent and in the manner prescribed 
by the Act, and, notwithstanding 31 U.S.C. 3324, may 
be used for advanced payments not otherwise authorized 
only upon the certification of officials designated by the 
Secretary of Commerce that such payments are in the 
public interest. 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
SEC. 102. During the current fiscal year, appropria-
tions made available to the Department of Commerce by 
this Act for salaries and expenses shall be available for 
hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 
3109; and uniforms or allowances therefor, as authorized 
by law (5 U.S.C. 5901–5902). 
SEC. 103. Not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the De-
partment of Commerce in this Act may be transferred be-
tween such appropriations, but no such appropriation shall 
be increased by more than 10 percent by any such trans-
fers: Provided, That any transfer pursuant to this section 
shall be treated as a reprogramming of funds under sec-
tion 505 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section: Provided further, That the 
Secretary of Commerce shall notify the Committees on Ap-
propriations at least 15 days in advance of the acquisition 
or disposal of any capital asset (including land, structures, 
and equipment) not specifically provided for in this Act 
or any other law appropriating funds for the Department 
of Commerce. 
SEC. 104. Any costs incurred by a department or 
agency funded under this title resulting from personnel 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
actions taken in response to funding reductions included 
in this title or from actions taken for the care and protec-
tion of loan collateral or grant property shall be absorbed 
within the total budgetary resources available to such de-
partment or agency: Provided, That the authority to trans-
fer funds between appropriations accounts as may be nec-
essary to carry out this section is provided in addition to 
authorities included elsewhere in this Act: Provided fur-
ther, That use of funds to carry out this section shall be 
treated as a reprogramming of funds under section 505 
of this Act and shall not be available for obligation or ex-
penditure except in compliance with the procedures set 
forth in that section. 
SEC. 105. (a) Section 105(f) of the Commerce, Jus-
tice, Science, and Related Agencies Appropriations Act, 
2012 (Public Law 112–55) is amended— 
(1) by striking ‘‘paragraph (2)’’ and inserting 
‘‘subsection (e)(2)’’; and 
(2) by striking ‘‘this subsection’’ and inserting 
‘‘subsection (e)’’. 
(b) The requirements set forth by section 105 of the 
Commerce, Justice, Science, and Related Agencies Appro-
priations Act, 2012 (Public Law 112–55), as amended by 
subsection (a) of this section, are hereby adopted by ref-
erence. 
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS
HR 5326 PCS 
SEC. 106. Notwithstanding any other provision of 
law, the Secretary may furnish services (including but not 
limited to utilities, telecommunications, and security serv-
ices) necessary to support the operation, maintenance, and 
improvement of space that persons, firms, or organizations 
are authorized, pursuant to the Public Buildings Coopera-
tive Use Act of 1976 or other authority, to use or occupy 
in the Herbert C. Hoover Building, Washington, DC, or 
other buildings, the maintenance, operation, and protec-
tion of which has been delegated to the Secretary from 
the Administrator of General Services pursuant to the 
Federal Property and Administrative Services Act of 1949 
on a reimbursable or non-reimbursable basis. Amounts re-
ceived as reimbursement for services provided under this 
section or the authority under which the use or occupancy 
of the space is authorized, up to $200,000, shall be cred-
ited to the appropriation or fund which initially bears the 
costs of such services. 
SEC. 107. Nothing in this title shall be construed to 
prevent a grant recipient from deterring child pornog-
raphy, copyright infringement, or any other unlawful ac-
tivity over its networks. 
SEC. 108. The Administrator of the National Oceanic 
and Atmospheric Administration is authorized to use, with 
their consent, with reimbursement and subject to the lim-
VerDate Mar 15 2010 
23:32 May 14, 2012
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5326.PCS
H5326
mstockstill on DSK4VPTVN1PROD with BILLS