IB 
Union Calendar No. 113 
112TH CONGRESS 
1ST SESSION H. R. 2596 
[Report No. 112–169] 
Making appropriations for Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 
30, 2012, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2011 
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 Departments of Commerce and 
Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2012, and for other purposes. 
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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, 2012, and for other pur-
poses, namely: 
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 44 U.S.C. 3702 and 3703; full 
medical coverage for dependent members of immediate 
families of employees stationed overseas and employees 
temporarily posted overseas; travel and transportation of 
employees of the International Trade Administration be-
tween two points abroad, without regard to 49 U.S.C. 
40118; employment of Americans and aliens by contract 
for services; rental of space abroad for periods not exceed-
ing 10 years, and expenses of alteration, repair, or im-
provement; purchase or construction of temporary de-
mountable exhibition structures for use abroad; payment 
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of tort claims, in the manner authorized in the first para-
graph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $327,000 for official representa-
tion expenses abroad; purchase of passenger motor vehi-
cles for official use abroad, not to exceed $45,000 per vehi-
cle; obtaining insurance on official motor vehicles; and 
rental of tie lines, $460,106,000, to remain available until 
September 30, 2013, of which $9,439,000 is to be derived 
from fees to be retained and used by the International 
Trade Administration, notwithstanding 31 U.S.C. 3302: 
Provided, That not less than $48,854,000 shall be for 
Manufacturing and Services; not less than $42,623,000 
shall be for Market Access and Compliance; not less than 
$67,358,000 shall be for the Import Administration; not 
less than $264,910,000 shall be for trade promotion and 
the United States and Foreign Commercial Service; and 
not less than $26,922,000 shall be for Executive Direction 
and Administration: Provided further, That not less than 
$7,000,000 shall be for the Office of China Compliance, 
and not less than $4,400,000 shall be for the China Coun-
tervailing Duty Group: Provided further, 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 without regard to 
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section 5412 of the Omnibus Trade and Competitiveness 
Act of 1988 (15 U.S.C. 4912); and that for the purpose 
of this Act, contributions under the provisions of the Mu-
tual Educational and Cultural Exchange Act of 1961 shall 
include payment for assessments 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 
abroad; full medical coverage for dependent members of 
immediate families of employees stationed overseas; em-
ployment of Americans and aliens by contract for services 
abroad; payment of tort claims, in the manner authorized 
in the first paragraph of 28 U.S.C. 2672 when such claims 
arise in foreign countries; not to exceed $15,000 for offi-
cial representation expenses abroad; awards of compensa-
tion to informers under the Export Administration Act of 
1979, and as authorized by 22 U.S.C. 401(b); and pur-
chase of passenger motor vehicles for official use and 
motor vehicles for law enforcement use with special re-
quirement vehicles eligible for purchase without regard to 
any price limitation otherwise established by law, 
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$100,141,000, to remain available until expended: Pro-
vided, That the provisions of the first sentence of section 
105(f) and all of section 108(c) of the Mutual Educational 
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 
and 2458(c)) shall apply in carrying out these activities: 
Provided further, That payments and contributions col-
lected and accepted for materials or services provided as 
part of such activities may be retained for use in covering 
the cost of such activities, and for providing information 
to the public with respect to the export administration and 
national security activities of the Department of Com-
merce and other export control programs of the United 
States and other governments. 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
For grants for economic development assistance as 
provided by the Public Works and Economic Development 
Act of 1965, 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 other purposes, $220,000,000, 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 such 
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loan guarantees: Provided, That the costs for loan guaran-
tees, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act 
of 1974: Provided further, That these funds are available 
to subsidize total loan principal, any part of which is to 
be guaranteed, not to exceed $50,000,000. 
SALARIES AND EXPENSES 
For necessary expenses of administering the eco-
nomic development assistance programs as provided for by 
law, $37,924,000: 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, $30,339,000. 
ECONOMIC AND STATISTICAL ANALYSIS 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by law, of eco-
nomic and statistical analysis programs of the Department 
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of Commerce, $97,060,000, to remain available until Sep-
tember 30, 2013. 
BUREAU OF THE CENSUS 
SALARIES AND EXPENSES 
For expenses necessary for collecting, compiling, ana-
lyzing, preparing, and publishing statistics, provided for 
by law, $258,506,000: Provided, That from amounts pro-
vided herein, funds may be used for promotion, outreach, 
and marketing activities. 
PERIODIC CENSUSES AND PROGRAMS 
For necessary expenses to collect and publish statis-
tics for periodic censuses and programs provided for by 
law, $596,842,000, to remain available until September 
30, 2013: Provided, That from amounts provided herein, 
funds may be used for promotion, outreach, and mar-
keting 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), $40,568,000: Provided, That, not-
withstanding 31 U.S.C. 1535(d), the Secretary of Com-
merce shall charge Federal agencies for costs incurred in 
spectrum management, analysis, operations, and related 
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services, and such fees shall be retained and used as off-
setting collections for costs of such spectrum services, to 
remain available until expended: Provided further, That 
the Secretary of Commerce is authorized to retain and use 
as offsetting collections all funds transferred, or previously 
transferred, from other Government agencies for all costs 
incurred in telecommunications research, engineering, and 
related activities by the Institute for Telecommunication 
Sciences of NTIA, in furtherance of its assigned functions 
under this paragraph, and such funds received from other 
Government agencies shall remain available until ex-
pended. 
PATENT AND TRADEMARK OFFICE 
SALARIES AND EXPENSES 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Patent and Trademark 
Office (PTO) provided for by law, including defense of 
suits instituted against the Under Secretary of Commerce 
for Intellectual Property and Director of the Patent and 
Trademark Office, $2,706,313,000, to remain available 
until expended: Provided, That the sum herein appro-
priated from the general fund shall be reduced as offset-
ting collections assessed and collected pursuant to section 
31 of the Trademark Act of 1946 (15 U.S.C. 1113) and 
sections 41 and 376 of title 35, United States Code, are 
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received during fiscal year 2012, so as to result in a fiscal 
year 2012 appropriation from the general fund estimated 
at $0: Provided further, That during fiscal year 2012, 
should the total amount of offsetting fee collections and 
the 
surcharge 
provided 
herein 
be 
less 
than 
$2,706,313,000, this amount shall be reduced accordingly: 
Provided further, That any amount received in excess of 
$2,706,313,000 in fiscal year 2012 and deposited in the 
Patent and Trademark Fee Reserve Fund shall remain 
available until expended: Provided further, That the Direc-
tor of the Patent and Trademark Office shall submit a 
spending plan to the Committees 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 $1,000 shall be 
made available in fiscal year 2012 for official reception 
and representation expenses: Provided further, That in fis-
cal year 2012 from the amounts made available for ‘‘Sala-
ries and Expenses’’ for the PTO, the amounts necessary 
to pay: (1) the difference between the percentage of basic 
pay contributed by the PTO and employees under section 
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8334(a) of title 5, 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 PTO’s specific use, of basic pay, of employees 
subject to subchapter III of chapter 83 of that title; and 
(2) the present value of the otherwise unfunded accruing 
costs, as determined by OPM for PTO’s specific use, of 
post-retirement life insurance and post-retirement health 
benefits coverage for all PTO employees who are enrolled 
in Federal Employees Health Benefits (FEHB) and Fed-
eral Employees Group Life Insurance (FEGLI), shall be 
transferred 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 PTO’s specific use shall be recognized as an 
imputed cost on PTO’s financial statements, where appli-
cable: Provided further, That sections 801, 802, and 803 
of division B, Public Law 108–447 shall remain in effect 
during fiscal year 2012: Provided further, That the Direc-
tor may, this year, reduce by regulation fees payable for 
documents in patent and trademark matters, in connec-
tion with the filing of documents filed electronically in a 
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NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 
For necessary expenses of the National Institute of 
Standards and Technology, $516,984,000, 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 of the Hollings Manufac-
turing Extension Partnership of the National Institute of 
Standards and Technology, $128,443,000, to remain 
available until expended. 
CONSTRUCTION OF RESEARCH FACILITIES 
For construction of new research facilities, including 
architectural and engineering design, and for renovation 
and maintenance of existing facilities, not otherwise pro-
vided for the National Institute of Standards and Tech-
nology, 
as 
authorized 
by 
U.S.C. 
278c–278e, 
$55,381,000, to remain available until expended: Pro-
vided, That the Secretary of Commerce shall include in 
the budget justification materials that the Secretary sub-
mits to Congress in support of the Department of Com-
merce budget (as submitted with the budget of the Presi-
dent under section 1105(a) of title 31, United States 
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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, $2,775,930,000, to remain available until Sep-
tember 30, 2013, except that funds provided for coopera-
tive enforcement shall remain available until September 
30, 2014: Provided, That fees and donations received by 
the National Ocean Service for the management of na-
tional marine sanctuaries may be retained and used for 
the salaries and expenses associated with those activities, 
notwithstanding 31 U.S.C. 3302: Provided further, That 
in addition, $66,200,000 shall be derived by transfer from 
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the fund entitled ‘‘Promote and Develop Fishery Products 
and Research Pertaining to American Fisheries’’: Pro-
vided further, That of the $2,848,130,000 provided for in 
direct obligations under this heading, $2,775,930,000 is 
appropriated from the general fund, $66,200,000 is pro-
vided by transfer, and $6,000,000 is derived from recov-
eries of prior year obligations: Provided further, That the 
total amount available for National Oceanic and Atmos-
pheric Administration corporate services administrative 
support costs shall not exceed $214,874,000: Provided fur-
ther, That any deviation from the amounts designated for 
specific activities in the report accompanying this Act, or 
any use of deobligated balances of funds provided under 
this heading in previous years, shall be subject to the pro-
cedures 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, 
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$1,702,772,000, to remain available until September 30, 
2014, except that funds provided for construction of facili-
ties shall remain available until expended: Provided, That 
of the $1,709,772,000 provided for in direct obligations 
under this heading, $1,702,772,000 is appropriated from 
the general fund and $7,000,000 is provided from recov-
eries of prior year obligations: Provided further, That any 
deviation from the amounts designated for specific activi-
ties in the report accompanying this Act, or any use of 
deobligated balances of funds provided under this heading 
in previous years, shall be subject to the procedures set 
forth in section 505 of this Act: Provided further, That 
the Secretary of Commerce shall include in budget jus-
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 
five subsequent fiscal years. 
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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, 2013: Provided, That 
of the funds provided herein the Secretary of Commerce 
may issue grants to the States of Washington, Oregon, 
Idaho, Nevada, California, and Alaska, and Federally-rec-
ognized tribes of the Columbia River and Pacific Coast 
(including Alaska) for projects necessary for conservation 
of salmon and steelhead populations that are listed as 
threatened or endangered, or identified by a State as at- 
risk to be so-listed, for maintaining populations necessary 
for exercise of tribal treaty fishing rights or native subsist-
ence fishing, or for conservation of Pacific coastal salmon 
and steelhead habitat, based on guidelines to be developed 
by the Secretary of Commerce: Provided further, That all 
funds shall be allocated based on scientific and other merit 
principles and shall not be available for marketing activi-
ties: Provided further, That funds disbursed to States shall 
be subject to a matching requirement of funds or docu-
mented 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 
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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 2012, obligations of direct 
loans may not exceed $24,000,000 for Individual Fishing 
Quota loans and may not exceed $59,000,000 for tradi-
tional direct loans as authorized by the Merchant Marine 
Act of 1936: Provided, That none of the funds made avail-
able under this heading may be used for direct loans for 
any new fishing vessel that will increase the harvesting 
capacity in any United States fishery. 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
For expenses necessary for the departmental manage-
ment of the Department of Commerce provided for by law, 
including not to exceed $5,000 for official reception and 
representation, $57,884,000: Provided, That the Secretary 
of Commerce shall establish a task force on job repatri-
ation and manufacturing growth and shall produce a re-
port on related incentive strategies and implementation 
plans. 
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HERBERT C. HOOVER BUILDING RENOVATION AND 
MODERNIZATION 
For expenses necessary, including blast windows, for 
the renovation and modernization of the Herbert C. Hoo-
ver Building, $14,970,000, to remain available until ex-
pended. 
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.), $26,946,000. 
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE 
(INCLUDING RESCISSION) 
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. 
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 
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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 
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 
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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) For purposes of this section— 
(1) the term ‘‘Under Secretary’’ means Under 
Secretary of Commerce for Oceans and Atmosphere; 
(2) the term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Appropriations and 
the Committee on Commerce, Science, and 
Transportation of the Senate; and 
(B) the Committee on Appropriations and 
the Committee on Science, Space and Tech-
nology of the House of Representatives; 
(3) the term ‘‘satellite’’ means the satellites 
proposed to be acquired for the National Oceanic 
and Atmospheric Administration (NOAA); 
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(4) the term ‘‘development’’ means the phase of 
a program following the formulation phase and be-
ginning with the approval to proceed to implementa-
tion, as defined in NOAA Administrative Order 
216–108, Department of Commerce Administrative 
Order 208–3, and NASA’s Procedural Requirements 
7120.5c, dated March 22, 2005; 
(5) the term ‘‘development cost’’ means the 
total of all costs, including construction of facilities 
and civil servant costs, from the period beginning 
with the approval to proceed to implementation 
through the achievement of operational readiness, 
without regard to funding source or management 
control, for the life of the program; 
(6) the term ‘‘life-cycle cost’’ means the total of 
the direct, indirect, recurring, and nonrecurring 
costs, including the construction of facilities and civil 
servant costs, and other related expenses incurred or 
estimated to be incurred in the design, development, 
verification, production, operation, maintenance, 
support, and retirement of a program over its 
planned lifespan, without regard to funding source 
or management control; 
(7) the term ‘‘major program’’ means an activ-
ity approved to proceed to implementation that has 
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an 
estimated 
life-cycle 
cost 
of 
more 
than 
$250,000,000; and 
(8) the term ‘‘baseline’’ means the program as 
set following contract award and preliminary design 
review of the space and ground systems. 
(b)(1) NOAA shall not enter into a contract for devel-
opment of a major program, unless the Under Secretary 
determines that— 
(A) the technical, cost, and schedule risks 
of the program are clearly identified and the 
program has developed a plan to manage those 
risks; 
(B) the technologies required for the pro-
gram have been demonstrated in a relevant lab-
oratory or test environment; 
(C) the program complies with all relevant 
policies, regulations, and directives of NOAA 
and the Department of Commerce; 
(D) the program has demonstrated a high 
likelihood of accomplishing its intended goals; 
and 
(E) the acquisition of satellites for use in 
the program represents a good value to accom-
plishing NOAA’s mission. 
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(2) The Under Secretary shall transmit a re-
port describing the basis for the determination re-
quired under paragraph (1) to the appropriate con-
gressional committees at least 30 days before enter-
ing into a contract for development under a major 
program. 
(3) The Under Secretary may not delegate the 
determination requirement under this subsection, ex-
cept in cases in which the Under Secretary has a 
conflict of interest. 
(c)(1) Annually, at the same time as the President’s 
annual budget submission to the Congress, the Under Sec-
retary shall transmit to the appropriate congressional 
committees a report that includes the information required 
by this section for the satellite development program for 
which NOAA proposes to expend funds in the subsequent 
fiscal year. The report under this paragraph shall be 
known as the Major Program Annual Report. 
(2) The first Major Program Annual Report for 
NOAA’s satellite development program shall include 
a Baseline Report that shall, at a minimum, in-
clude— 
(A) the purposes of the program and key 
technical characteristics necessary to fulfill 
those purposes; 
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(B) an estimate of the life-cycle cost for 
the program, with a detailed breakout of the 
development cost, program reserves, and an es-
timate of the annual costs until development is 
completed; 
(C) the schedule for development, including 
key program milestones; 
(D) the plan for mitigating technical, cost, 
and schedule risks identified in accordance with 
subsection (b)(1)(A); and 
(E) the name of the person responsible for 
making notifications under subsection (d), who 
shall be an individual whose primary responsi-
bility is overseeing the program. 
(3) For the major program for which a Base-
line Report has been submitted, subsequent Major 
Program Annual Reports shall describe any changes 
to the information that had been provided in the 
Baseline Report, and the reasons for those changes. 
(d)(1) The individual identified under subsection 
(c)(2)(E) shall immediately notify the Under Secretary 
any time that individual has reasonable cause to believe 
that, for the major program for which he or she is respon-
sible, the development cost of the program has exceeded 
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the estimate provided in the Baseline Report of the pro-
gram by 20 percent or more. 
(2) Not later than 30 days after the notification 
required under paragraph (1), the individual identi-
fied under subsection (c)(2)(E) shall transmit to the 
Under Secretary a written notification explaining the 
reasons for the change in the cost of the program 
for which notification was provided under paragraph 
(1). 
(3) Not later than 15 days after the Under Sec-
retary receives a written notification under para-
graph (2), the Under Secretary shall transmit the 
notification to the appropriate congressional commit-
tees. 
(e) Not later than 30 days after receiving a written 
notification under subsection (d)(2), the Under Secretary 
shall determine whether the development cost of the pro-
gram has exceeded the estimate provided in the Baseline 
Report of the program by 20 percent or more. If the deter-
mination is affirmative, the Under Secretary shall— 
(1) transmit to the appropriate congressional 
committees, not later than 15 days after making the 
determination, a report that includes— 
(A) a description of the increase in cost 
and a detailed explanation for the increase; 
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(B) a description of actions taken or pro-
posed to be taken in response to the cost in-
crease; and 
(C) a description of any impacts the cost 
increase, or the actions described under sub-
paragraph (B), will have on any other program 
within NOAA; and 
(2) if the Under Secretary intends to continue 
with the program, promptly initiate an analysis of 
the program, which shall include, at a minimum— 
(A) the projected cost and schedule for 
completing the program if current requirements 
of the program are not modified; 
(B) the projected cost and the schedule for 
completing the program after instituting the ac-
tions described under paragraph (1)(B); and 
(C) a description of, and the projected cost 
and schedule for, a broad range of alternatives 
to the program. 
(f) NOAA shall complete an analysis initiated under 
paragraph (2) not later than 6 months after the Under 
Secretary makes a determination under this subsection. 
The Under Secretary shall transmit the analysis to the 
appropriate congressional committees not later than 30 
days after its completion. 
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SEC. 106. Notwithstanding any other law, the Sec-
retary may furnish services (including but not limited to 
utilities, telecommunications, and security services) nec-
essary to support the operation, maintenance, and im-
provement 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, as amended, on a reimbursable or non-reimbursable 
basis. Amounts received as reimbursement for services 
provided under this section or the authority under which 
the use or occupancy of the space is authorized, up to 
$200,000, shall be credited to the appropriation or fund 
which initially bears the costs of such services. 
SEC. 107. Nothing in this title shall be construed to 
prevent a grant recipient from deterring child 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-
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its of available appropriations, the land, services, equip-
ment, personnel, and facilities of any department, agency 
or instrumentality of the United States, or of any State, 
local government, Indian tribal government, Territory or 
possession, or of any political subdivision thereof, or of 
any foreign government or international organization for 
purposes related to carrying out the responsibilities of any 
statute administered by the National Oceanic and Atmos-
pheric Administration. 
(RESCISSION) 
SEC. 109. All balances in the Coastal Zone Manage-
ment Fund, whether unobligated or unavailable, are here-
by permanently rescinded, and notwithstanding Section 
308(b) of the Coastal Zone Management Act of 1972, as 
amended (16 U.S.C. 1456a), any future payments to the 
Fund made pursuant to sections 307 (16 U.S.C. 1456) 
and 308 (16 U.S.C. 1456a) of the Coastal Zone Manage-
ment Act of 1972, as amended, shall, in this fiscal year 
and any future fiscal years, be treated in accordance with 
the Federal Credit Reform Act of 1990, as amended. 
SEC. 110. There is established in the Treasury a non- 
interest bearing fund to be known as the ‘‘Fisheries En-
forcement Asset Forfeiture Fund’’, which shall consist of 
all sums received as fines, penalties, and forfeitures of 
property for violations of any provisions of 16 U.S.C. ch. 
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38 or of any other marine resource law enforced by the 
Secretary of Commerce, including the Lacey Act Amend-
ments of 1981 (16 U.S.C. 3371 et seq.) and with the ex-
ception of collections pursuant to 16 U.S.C. 1437, which 
are currently deposited in the Operations, Research, and 
Facilities account: Provided, That all unobligated balances 
that have been collected pursuant to 16 U.S.C. 1861 or 
any other marine resource law enforced by the Secretary 
of Commerce with the exception of 16 U.S.C. 1437 shall 
be transferred from the Operations, Research, and Facili-
ties account into the Fisheries Enforcement Asset For-
feiture Fund and shall remain available until expended. 
SEC. 111. There is established in the Treasury a non- 
interest bearing fund to be known as the ‘‘Sanctuaries En-
forcement Asset Forfeiture Fund’’, which shall consist of 
all sums received as fines, penalties, and forfeitures of 
property for violations of any provisions of 16 U.S.C. ch. 
38, which are currently deposited in the Operations, Re-
search, and Facilities account: Provided, That all unobli-
gated balances that have been collected pursuant to 16 
U.S.C. 1437 shall be transferred from the Operations, Re-
search, and Facilities account into the Sanctuaries En-
forcement Asset Forfeiture Fund and shall remain avail-
able until expended. 
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SEC. 112. The Department of Commerce shall notify 
the Committee 15 days in advance of any planned official 
travel to China by any employee of the U.S. Department 
of Commerce, including the purpose of such travel. 
This title may be cited as the ‘‘Department of Com-
merce Appropriations Act, 2012’’. 
TITLE II—DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
SALARIES AND EXPENSES 
For expenses necessary for the administration of the 
Department of Justice, $72,338,000, of which not to ex-
ceed $4,000,000 for security and construction of Depart-
ment of Justice facilities shall remain available until ex-
pended. 
JUSTICE INFORMATION SHARING TECHNOLOGY 
For necessary expenses for information sharing tech-
nology, including planning, development, deployment and 
departmental direction, $44,307,000, to remain available 
until expended. 
LAW ENFORCEMENT WIRELESS COMMUNICATIONS 
For the costs of developing and implementing com-
munications systems supporting Federal law enforcement 
and for the costs of operations and maintenance of exist-
ing communications systems, $99,800,000, to remain 
available until expended: Provided, That the Attorney 
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General shall transfer to this account all funds made avail-
able to the Department of Justice for the purchase of 
portable and mobile radios: Provided further, That any 
transfer pursuant to the previous proviso shall be treated 
as a reprogramming under section 505 of this Act and 
shall not be available for obligation or expenditure except 
in compliance with the procedures set forth in that section. 
ADMINISTRATIVE REVIEW AND APPEALS 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for the administration of par-
don and clemency petitions and immigration-related activi-
ties, $300,084,000, of which $4,000,000 shall be derived 
by transfer from the Executive Office for Immigration Re-
view fees deposited in the ‘‘Immigration Examinations 
Fee’’ account. 
DETENTION TRUSTEE 
For necessary expenses of the Federal Detention 
Trustee, $1,515,626,000, to remain available until ex-
pended: Provided, That the Trustee shall be responsible 
for managing the Justice Prisoner and Alien Transpor-
tation System: Provided further, That not to exceed 
$20,000,000 shall be considered ‘‘funds appropriated for 
State and local law enforcement assistance’’ pursuant to 
18 U.S.C. 4013(b). 
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OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General, $84,199,000, including not to exceed $10,000 to 
meet unforeseen emergencies of a confidential character. 
UNITED STATES PAROLE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the United States Parole 
Commission as authorized, $12,833,000. 
LEGAL ACTIVITIES 
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES 
For expenses necessary for the legal activities of the 
Department of Justice, not otherwise provided for, includ-
ing not to exceed $20,000 for expenses of collecting evi-
dence, to be expended under the direction of, and to be 
accounted for solely under the certificate of, the Attorney 
General; and rent of private or Government-owned space 
in the District of Columbia, $841,767,000, of which not 
to exceed $10,000,000 for litigation support contracts 
shall remain available until expended: Provided, That of 
the total amount appropriated, not to exceed $10,000 shall 
be available to INTERPOL Washington for official recep-
tion and representation expenses: Provided further, That 
of the amount appropriated, such sums as may be nec-
essary shall be available to reimburse the Office of Per-
sonnel Management for salaries and expenses associated 
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with the election monitoring program under section 8 of 
the Voting Rights Act of 1965 (42 U.S.C. 1973f): Pro-
vided further, That of the amounts provided under this 
heading for the election monitoring program, $3,390,000 
shall remain available until expended. 
In addition, for reimbursement of expenses of the De-
partment of Justice associated with processing cases 
under the National Childhood Vaccine Injury Act of 1986, 
not to exceed $7,833,000, to be appropriated from the 
Vaccine Injury Compensation Trust Fund. 
SALARIES AND EXPENSES, ANTITRUST DIVISION 
For expenses necessary for the enforcement of anti-
trust and kindred laws, $162,844,000, to remain available 
until expended: Provided, That notwithstanding any other 
provision of law, fees collected for premerger notification 
filings under the Hart-Scott-Rodino Antitrust Improve-
ments Act of 1976 (15 U.S.C. 18a), regardless of the year 
of collection (and estimated to be $108,000,000 in fiscal 
year 2012), shall be retained and used for necessary ex-
penses in this appropriation, and shall remain available 
until expended: Provided further, That the sum herein ap-
propriated from the general fund shall be reduced as such 
offsetting collections are received during fiscal year 2012, 
so as to result in a final fiscal year 2012 appropriation 
from the general fund estimated at $54,844,000. 
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SALARIES AND EXPENSES, UNITED STATES ATTORNEYS 
For necessary expenses of the Offices of the United 
States Attorneys, including inter-governmental and coop-
erative agreements, $1,930,135,000: Provided, That of the 
total amount appropriated, not to exceed $8,000 shall be 
available for official reception and representation ex-
penses: Provided further, That not to exceed $25,000,000 
shall remain available until expended: Provided further, 
That each United States Attorney shall establish a task 
force on human trafficking. 
UNITED STATES TRUSTEE SYSTEM FUND 
For necessary expenses of the United States Trustee 
Program, as authorized, $219,442,000, to remain avail-
able until expended and to be derived from the United 
States Trustee System Fund: Provided, That notwith-
standing any other provision of law, deposits to the Fund 
shall be available in such amounts as may be necessary 
to pay refunds due depositors: Provided further, That, not-
withstanding any other provision of law, $219,442,000 of 
offsetting collections pursuant to 28 U.S.C. 589a(b) shall 
be retained and used for necessary expenses in this appro-
priation and shall remain available until expended: Pro-
vided further, That the sum herein appropriated from the 
Fund shall be reduced as such offsetting collections are 
received during fiscal year 2012, so as to result in a final 
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