[House Report 112-463]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-463

======================================================================
 
 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL, 
                                  2013

                                _______
                                

  May 2, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

            Mr. Wolf, from the Committee on Appropriations, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 5326]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for Commerce, Justice, Science, and related 
agencies for the fiscal year ending September 30, 2013, and for 
other purposes.

                        INDEX TO BILL AND REPORT

                                                            Page Number

                                                            Bill Report
Title I--Department of Commerce............................     2
                                                                      7
Title II--Department of Justice............................    21
                                                                     35
Title III--Science.........................................    58
                                                                     61
        Office of Science and Technology Policy............    58
                                                                     61
        National Aeronautics and Space Administration......    59
                                                                     63
        National Science Foundation........................    68
                                                                     76
Title IV--Related Agencies.................................    71
                                                                     81
        Commission on Civil Rights.........................    71
                                                                     81
        Equal Employment Opportunity Commission............    73
                                                                     82
        International Trade Commission.....................    74
                                                                     82
        Legal Services Corporation.........................    74
                                                                     82
        Marine Mammal Commission...........................    76
                                                                     83
        Office of the United States Trade Representative...    76
                                                                     84
        State Justice Institute............................    76
                                                                     85
Title V--General Provisions................................    77
                                                                     85

                              Bill Totals

    The Committee recommends a total of $51,459,000,000 for the 
departments and agencies funded in this bill for fiscal year 
2013, including $51,131,000,000 in discretionary budget 
authority. This level of discretionary budget authority is 
$1,613,000,000, or 3 percent, below fiscal year 2012, and 
$731,029,000, or 1.4 percent below the budget request. The 
fiscal year 2012 appropriation also included an additional 
$200,000,000 in disaster relief assistance. The recommendation 
for fiscal year 2013 does not include funding for disaster 
relief.
    The funding allocation for the fiscal year 2013 bill 
reflects the critical need to rein in government expenditures 
in the face of record-high deficits. Spending reductions are an 
essential component of putting the Nation on the path to 
economic recovery, job creation and financial security. 
Reductions in discretionary spending such as those included in 
the Committee recommendation are one part of the overall effort 
that will be required to avoid economic crisis. The Committee 
recommendation terminates 37 programs, resulting in savings of 
more than $300,000,000 from the fiscal year 2012 level and more 
than $140,000,000 from the President's request for these 
programs.

                      Oversight and Budget Review

    During its review of the fiscal year 2013 budget request 
and execution of appropriations for fiscal year 2012, the 
Subcommittee on Commerce, Justice, Science, and Related 
Agencies held 11 budget and oversight hearings. In addition to 
receiving testimony from Administration officials representing 
the departments and agencies funded in this bill, the Committee 
received testimony from expert witnesses, Members of Congress 
and 57 public witnesses. The Committee hearings are listed 
below:


                         Hearing                           Hearing date

Attorney General........................................       2/28/2012
Office of Science and Technology Policy Director........       2/29/2012
Patent and Trademark Office Director....................        3/1/2012
National Science Foundation Director....................        3/6/2012
Bureau of Prisons Director..............................        3/6/2012
Federal Bureau of Investigation Director................        3/7/2012
Secretary of Commerce...................................       3/20/2012
National Oceanic and Atmospheric Administration                3/20/2012
 Administrator..........................................
National Aeronautics and Space Administration                  3/21/2012
 Administrator..........................................
Members of Congress and Public Witnesses................       3/22/2012
U.S. Manufacturing and Job Repatriation.................       3/28/2012


    As part of the Committee's oversight and analysis of the 
annual budget request from the Administration, the Committee 
submitted a number of requests for additional information and 
written questions to be answered by the departments and 
agencies in support of the underlying budget request. These 
materials are important for the Committee in conducting 
oversight and making funding recommendations.
    In furtherance of this oversight responsibility, the 
Committee began in fiscal year 2012 to require the major 
agencies funded in this bill to provide information on the 
status of balances of appropriations, including amounts that 
are: unobligated and uncommitted; committed to contracts, 
grants or other planned obligations; and obligated but 
unexpended. The Committee found that the agencies cannot, in 
all cases, provide a comprehensive picture of the status of 
balances.
    The accurate and comprehensive reporting of balances 
enables the Committee to determine the amount of appropriations 
necessary to accomplish program purposes. The Committee directs 
the agencies included in section 507 of this Act to take the 
necessary administrative actions (including, when necessary, 
the reconfiguration of internal accounting systems) to capture 
and routinely report this information.
    Section 507 requires detailed quarterly reports from the 
Departments of Commerce and Justice, the National Aeronautics 
and Space Administration (NASA), and the National Science 
Foundation (NSF) on the status of unobligated balances, 
commitments and obligations, including the source year, or 
obligation year, of balances. The Committee expects that agency 
reports will show the status of balances at the appropriation 
account level, as well as at budget activity or other lower 
levels where such levels are reflected in the Committee's 
report accompanying an appropriations act.

                      Major Themes and Initiatives

    In the context of reducing overall discretionary spending 
in this bill, the Committee's funding recommendations focus 
resources on the areas of highest priority, reflecting the 
Committee's assessment of national priorities and ongoing 
challenges.
    Law enforcement and national security.--Defending the 
Nation from both internal and external threats remains the 
highest priority of the Department of Justice. This bill 
demonstrates a commitment to providing essential technological 
and human capital to detect, disrupt and deter threats to our 
national security. The bill provides $8.3 billion for the 
Federal Bureau of Investigation, an increase of $148 million 
above fiscal year 2012 and $34 million above the request. This 
level includes a program increase of $23 million to prevent and 
investigate state-sponsored, terrorist and criminal cyber 
intrusions.
    American innovation and competitiveness.--Investments in 
scientific research are a key to long-term economic growth. 
Basic research leads to innovation and improves the 
competitiveness of American businesses, leading, in turn, to 
positive impacts on the quality of life for all Americans. The 
bill includes $7.3 billion for the NSF, including an increase 
of $224 million, or 3.9 percent, above fiscal year 2012 for 
basic scientific research, and $830 million for research and 
standards work at the National Institute of Standards and 
Technology (NIST), including $128 million for Manufacturing 
Extension Partnerships to increase the competitiveness of the 
Nation's manufacturers. An efficient patent process is also 
critical for innovation and economic growth. The bill provides 
$2.9 billion for the Patent and Trademark Office (PTO), the 
full estimate of fee collections for fiscal year 2013, and an 
increase of $255 million above fiscal year 2012. Finally, the 
bill includes over $1 billion for science, technology, 
engineering and math (STEM) education programs across NSF, 
NASA, NIST and the National Oceanic and Atmospheric 
Administration (NOAA).
    Enhancing trade while strengthening enforcement and 
national security.--Also critical to the Nation's economic 
growth and security are efforts to increase American exports 
and enhance trade compliance and enforcement. The bill includes 
$468 million for the International Trade Administration, $51 
million for the Office of the U.S. Trade Representative and $83 
million for the International Trade Commission. In addition, 
the bill includes $101 million for the Bureau of Industry and 
Security to ensure that sensitive U.S. dual-use goods and 
technologies are not misused by proliferators, terrorists and 
others working contrary to our national security interests. The 
Committee report includes language pursuant to several 
conclusions and recommendations of the 2011 Report to the 
Congress of the U.S.-China Economic and Security Review 
Commission. This language reinforces efforts to understand and 
react appropriately to the implications of China's rise for 
U.S. economic and national security interests.

                   Committee Recommendation by Title

    Department of Commerce.--In title I of the bill, for the 
Department of Commerce, the Committee recommends a total of 
$7.7 billion in discretionary budget authority, an increase of 
$96 million above fiscal year 2012 and $280 million below the 
request. Highlights of the Committee's recommendation include:
           $468 million for the International Trade 
        Administration, an increase of $3 million above fiscal 
        year 2012;
           $2.9 billion for the Patent and Trademark 
        Office, which is equal to the amount of fee collections 
        estimated by the Congressional Budget Office, and an 
        increase of $255 million, or 9.5 percent, above fiscal 
        year 2012;
           $830 million for the National Institute of 
        Standards and Technology, including an increase of $54 
        million above fiscal year 2012 for scientific and 
        technical research, and $128 million for Manufacturing 
        Extension Partnerships; and
           $5 billion for the National Oceanic and 
        Atmospheric Administration, an increase of $68 million 
        above fiscal year 2012. The bill supports critical 
        weather forecasting programs, including $916 million 
        for Joint Polar Satellite System development, and $22.3 
        million above the request for National Weather Service 
        operations.
    Department of Justice.--In title II of the bill, for the 
Department of Justice, the Committee recommends a total of 
$27.1 billion in discretionary budget authority, which is $11 
million above fiscal year 2012 and $44 million below the 
request. Highlights of the Committee's recommendation include:
           $8.3 billion for the Federal Bureau of 
        Investigation, an increase of $148 million above fiscal 
        year 2012 and $34 million above the request, including 
        program increases for national security programs, 
        investigations of cyber attacks, violent gang crime and 
        financial and mortgage fraud;
           $2.4 billion for the Drug Enforcement 
        Administration, which is $50 million above fiscal year 
        2012, including an enhancement of $31 million for 
        prescription drug abuse regulatory and enforcement 
        initiatives;
           $6.9 billion for the Bureau of Prisons, an 
        increase of $269 million above fiscal year 2012 to 
        address overcrowded conditions in Federal prisons; and
           $1.8 billion for State and local law 
        enforcement assistance, including $415 million for 
        violence against women prevention and prosecution 
        programs.
    Science.--In title III of the bill, for the Office of 
Science and Technology Policy (OSTP), NASA and NSF, the 
Committee recommends a total of $24.9 billion, which is $75 
million above fiscal year 2012 and $178 million below the 
request. Highlights of the Committee's recommendation include:
     $17.6 billion for the National Aeronautics and 
Space Administration, which is $226 million below fiscal year 
2012 and $138 million below the request, including:
           $3.7 billion for Exploration, including 
        funding to keep NASA on schedule for upcoming Multi-
        Purpose Crew Vehicle and Space Launch System flight 
        milestones, and to maintain progress on a reconfigured 
        commercial crew program;
           $4 billion for Space Operations, continuing 
        the closeout of the Space Shuttle program for a savings 
        of $503 million; and
           $5.1 billion for Science programs, including 
        $1.4 billion for planetary science to ensure the 
        continuation of critical research and development 
        programs that were imperiled by the President's 
        request.
     $7.3 billion for the National Science Foundation, 
an increase of $299 million above fiscal year 2012 for basic 
scientific research and science education programs.
    Related agencies.--In title IV of the bill, the Committee 
recommends a total of $846 million, a decrease of $10 million 
below fiscal year 2012 and $83 million below the request. 
Highlights of the Committee's recommendation include:
     $328 million for the Legal Services Corporation, 
which is $20 million below fiscal year 2012; and
     $367 million for the Equal Employment Opportunity 
Commission, which is $7 million above fiscal year 2012.

                   Cybersecurity at Federal Agencies

    The security of Federal agency information systems is 
essential to protecting national and economic security as well 
as ensuring public safety. Safeguarding such systems and the 
information they contain has been on the Government 
Accountability Office's (GAO) list of high-risk areas since 
1997. Risks to such systems include escalating and emerging 
threats from around the globe, which are further heightened by 
steady advances in the sophistication of attack technology and 
the ease of obtaining and using hacking tools.
    The Committee directs each department and agency funded in 
this bill to submit an annual report to the Committee 
describing the cyber attacks and attempted cyber attacks 
against such department or agency and their consequences; the 
steps taken to prevent, mitigate or otherwise respond to such 
attacks; and the cybersecurity policies and procedures in 
place, including policies about ensuring safe use of computer 
and mobile devices by individual employees. The report shall 
include a description of all outreach efforts undertaken to 
increase awareness of cybersecurity risks among employees and 
contractors. The Committee expects each department and agency 
to submit this annual cybersecurity report by February 5, 2013.
    In addition, section 516 of the recommended bill requires 
the Departments of Commerce and Justice, NASA and NSF to assess 
the risk of cyber-espionage or sabotage before acquiring any 
information technology system. Further, if those same agencies 
plan to acquire systems produced by entities owned, directed or 
subsidized by the People's Republic of China, they must first 
make a determination that to do so is in the national interest.

               Reprogramming and Spending Plan Procedures

    Section 505 of the bill contains language concerning the 
reprogramming of funds between programs and activities. The 
reprogramming process is based on comity between the Congress 
and the Executive Branch. This process is intended to provide 
departments and agencies sufficient flexibility to meet 
changing circumstances and emergent requirements not known at 
the time of Congressional review of the budget while preserving 
Congressional priorities and intent.
    The Committee expects that each department and agency 
funded in this bill shall follow the directions set forth in 
this bill and the accompanying report, and shall not reallocate 
resources or reorganize activities except as provided herein. 
Reprogramming procedures shall apply to funds provided in this 
bill, unobligated balances from previous appropriations Acts 
that are available for obligation or expenditure in fiscal year 
2013, and non-appropriated resources such as fee collections 
that are used to meet program requirements in fiscal year 2013. 
As specified in section 505, the Committee expects that the 
Appropriations Subcommittees on Commerce, Justice, Science, and 
Related Agencies of the House and Senate will be notified by 
letter a minimum of 15 days prior to any reprogramming of funds 
that--
          (1) creates or initiates a new program, project or 
        activity;
          (2) eliminates a program, project or activity;
          (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
          (4) relocates an office or employees;
          (5) reorganizes or renames offices, programs or 
        activities;
          (6) contracts out or privatizes any functions or 
        activities presently performed by Federal employees;
          (7) augments existing programs, projects or 
        activities in excess of $500,000 or 10 percent, 
        whichever is less, or reduces by 10 percent funding for 
        any program, project or activity, or numbers of 
        personnel by 10 percent; or
          (8) results from any general savings, including 
        savings from a reduction in personnel, which would 
        result in a change in existing programs, projects or 
        activities as approved by Congress.
    Any reprogramming request shall include any out-year 
budgetary impacts and a separate accounting of program or 
mission impacts on estimated carryover funds. The Committee 
further expects any department or agency funded in this bill 
which plans a reduction-in-force to notify by letter the 
Committee 30 days in advance of the date of any such planned 
personnel action.

           Relationship with Budget and Comptroller's Offices

    Through the years the Appropriations Committee has 
channeled most of its inquiries and requests for information 
and assistance through the budget offices or comptroller 
organizations of the various departments, agencies and 
commissions. Such relationships are necessary to accomplish the 
work of the Committee. While the Committee reserves the right 
to call upon all organizations in the departments, agencies and 
commissions for information and assistance, the primary contact 
between the Committee and these entities must be through the 
budget offices and comptroller organizations, or through a 
legislative affairs unit designated by the Committee to work on 
appropriations and budget matters.
    The workload generated in the budget process is large and 
growing; therefore, a positive, responsive relationship between 
the Committee and the budget and/or comptroller offices is 
essential for the Committee to fulfill the Constitutional 
appropriations responsibilities of Congress.

                Opportunities for Domestic Manufacturers

    The Committee directs the Departments of Commerce and 
Justice, NASA and NSF each to provide a report to the Committee 
on manufactured products they purchase on a regular basis (or 
which are purchased on their behalf) that are not currently 
manufactured in the United States. An interim report is 
required no later than 180 days after enactment of this Act, 
with a final report due no later than 365 days after the 
enactment of this Act. The final report shall also be shared 
with the President's Manufacturing Council and the 
Administrator of the Manufacturing Extension Partnership.

                                TITLE I


                         DEPARTMENT OF COMMERCE


                   International Trade Administration


                     OPERATIONS AND ADMINISTRATION

    The Committee recommends $467,737,000 in total resources 
for the programs of the International Trade Administration 
(ITA), which is $2,737,000 above fiscal year 2012 and 
$58,702,000 below the request. This amount is offset by 
$9,439,000 in estimated fee collections, resulting in a direct 
appropriation of $458,298,000. Of the amounts provided, funds 
are to be distributed as follows; any deviation of funds shall 
be subject to the procedures set forth in section 505 of this 
Act:




Manufacturing and Services............................       $42,130,000
Market Access and Compliance..........................        44,683,000
Import Administration.................................        77,296,000
Trade Promotion and the U.S. and Foreign Commercial          277,824,000
 Service..............................................
Executive Direction/Administration....................        24,365,000
Consolidation.........................................        -8,000,000
                                                       -----------------
    Total.............................................      $458,298,000


    ITA reorganization.--The Committee notes that the budget 
request hints at plans for organizational changes at ITA, but 
does not propose any specific changes. The Committee encourages 
ITA to examine its organizational structure and redirect 
resources to key export promotion programs; target emerging 
markets; expand market access; and more aggressively enforce 
trade agreements. The Committee reminds ITA that any 
organizational changes that it intends to effect, including any 
plan to consolidate its four business units into three, is 
subject to the reprogramming requirements of section 505 of 
this Act. Any such notification shall include additional cost 
savings that may be identified, and the timeframes for 
implementation. Any reorganization should include a description 
of ITA's participation in the Interagency Trade Enforcement 
Center (ITEC) and how ITA's proposed organizational structure 
will enable ITA to most effectively utilize its resources to 
expand American business export opportunities and enforce trade 
agreements.
    Trade Promotion and the U.S. and Foreign Commercial 
Service.--The Committee recommends $277,824,000 for Trade 
Promotion and the U.S. and Foreign Commercial Service, which is 
$8,020,000 above fiscal year 2012 and $40,353,000 below the 
amount requested. This increase is in addition to enhancements 
provided by the Committee in fiscal year 2012 for the National 
Export Initiative. The Committee directs ITA to submit a 
deployment plan no later than 90 days after enactment of this 
Act for the enhancements provided in fiscal year 2012 and an 
additional enhancement provided in fiscal year 2013.
    SelectUSA.--The Committee recommends $6,125,000 for the 
SelectUSA initiative, which is $3,425,000 more than the fiscal 
year 2012 level and $6,125,000 less than the request. The ITA 
redirected $2,700,000 in fiscal year 2012 base resources to 
provide assistance to States through a new interagency 
investment facilitation task force; engage in advocacy and 
outreach to promote the United States as the best market for 
business operations; and consolidate all information on Federal 
programs and services available to companies that operate in 
the United States. No later than November 30, 2013, the 
Secretary shall report on the location and type of assistance 
provided, the State to which firms sought to relocate and why, 
as well as the number of foreign firms that actually decided to 
locate in the United States as a result of the SelectUSA 
process. The Secretary shall notify the Committee promptly if 
any foreign direct investment proposals facilitated by 
SelectUSA are referred to the Committee on Foreign Investment 
in the United States.
    Interagency Trade Enforcement Center.--The Administration 
proposed the creation of the ITEC in March 2012 to collocate 
personnel from ITA, the Office of the U.S. Trade Representative 
and other executive branch agencies to improve trade 
enforcement. ITA redirected $4,400,000 in base resources during 
fiscal year 2012 to support its involvement in this initiative. 
The Committee notes that no new authorities were requested to 
establish this program and that it is intended to augment 
existing capabilities. The Committee is supportive of efforts 
to enhance trade enforcement and therefore recommends 
$15,075,000 for these activities in fiscal year 2013 to enable 
ITA to augment its existing enforcement capabilities. Personnel 
from ITA's Import Administration, Market Access and Compliance 
and Manufacturing and Services programs will be detailed to the 
ITEC during fiscal year 2013 to assist with specific trade 
enforcement issues. The Committee directs ITA to submit a 
report no later than 180 days after enactment of this Act 
describing performance goals, timeframes for achieving these 
goals, as well as how ITA intends to support the ITEC in the 
context of any future reorganization.
    China anti-dumping and countervailing duty activities.--The 
Committee includes revised bill language directing ITA to spend 
no less than $11,400,000 for China anti-dumping and 
countervailing duty enforcement and compliance activities. ITA 
shall submit a report to the Committee no later than 120 days 
after enactment of this Act detailing the amounts planned and 
full time equivalents (FTE) assigned to these activities, 
including the organizational unit to which these are assigned. 
Any proposed reorganization of ITA shall include information on 
how the ITEC will enhance ITA's capability with respect to 
pursuing additional cases against China.
    Trade enforcement remedies.--The Committee directs ITA, in 
cooperation with the Office of the U.S. Trade Representative 
and other trade enforcement agencies, to employ all remedies 
authorized by World Trade Organization rules to counter the 
effects of the Chinese government's extensive subsidies and 
their impact on U.S. products and services. The Committee also 
directs the Secretary of Commerce, in consultation with other 
relevant executive branch agencies, to assess the extent to 
which existing laws provide remedies against anticompetitive 
actions of Chinese state-owned or state-invested enterprises 
operating in the U.S. market. This assessment shall include for 
possible consideration additional legal remedies that may be 
necessary. The ITA shall submit this report to the Committee no 
later than 120 days after enactment of this Act.
    Bilateral investment treaties.--The Committee directs ITA 
to ensure that any bilateral investment treaty with China 
includes language on the principles of nondiscrimination and 
competitive neutrality between state-owned enterprises and 
other state-invested or state-supported entities and private 
enterprises. ITA shall submit a report to the Committee no 
later than November 30, 2013, detailing any such treaties and 
compliance with this directive.
    Chinese investment in the U.S.--The Committee directs ITA 
to report annually on Chinese investment in the United States, 
including data on investments by Chinese state-owned 
enterprises and other state-affiliated entities. The first such 
report shall be submitted to the Committee by the end of the 
first quarter of fiscal year 2013.
    Export.gov--The Committee supports ITA's efforts to upgrade 
its website and procure a new customer relationship management 
system and directs ITA to fund these upgrades within existing 
resources. ITA shall submit a spending plan as soon as 
practicable showing what base resources ITA intends to devote 
to this process and the timeframes for transitioning to the new 
website and system.
    Offsetting fee collections.--The Committee notes that a 
report on ITA's review of fee-based programs was to be 
completed by mid-summer 2011. The Committee directs ITA to 
submit this report as soon as possible.
    Human rights training.--The Committee directs ITA to 
continue to ensure that current and new customer-facing 
employees receive human rights training and to report to the 
Committee no later than 120 days after enactment of this Act 
regarding the number of staff trained during fiscal years 2011 
and 2012, a description of this training, and any improvements 
or changes ITA has documented as a result of this training.
    Support for firms.--The Committee encourages ITA to ensure 
that it is providing adequate support and services for women-, 
minority- and veteran-owned firms that are seeking assistance 
in gaining access to foreign markets for their products and 
services. The Committee recognizes that these firms possess 
tremendous economic potential if they participate more actively 
and effectively in export markets. As such, the Committee urges 
ITA to conduct outreach and promotional activities to such 
firms to enable them to assist in our trade goals of creating 
jobs and increasing exports.

                    Bureau of Industry and Security


                     OPERATIONS AND ADMINISTRATION

    The Committee recommends $101,000,000 for the Bureau of 
Industry and Security (BIS), which is the same as fiscal year 
2012 and $1,328,000 below the request. Of the amounts provided, 
funds are to be distributed as follows; any deviation of funds 
shall be subject to the procedures set forth in section 505 of 
this Act:

 
 
 
Export Administration.................................       $57,083,000
Export Enforcement....................................        38,623,000
Management and Policy Coordination....................         5,294,000
                                                       -----------------
    Total.............................................      $101,000,000
 

    Export control reform.--The Committee directs BIS to begin 
providing quarterly updates, beginning with the first quarter 
of fiscal year 2013, regarding ongoing export control reforms 
and process improvements that BIS will incorporate to ensure 
that it can conduct due diligence before an export license is 
granted and adequately conduct post-sale verification.

                  Economic Development Administration

    The Committee recommends $219,500,000 for the programs and 
administrative expenses of the Economic Development 
Administration (EDA), which is $238,000,000 below fiscal year 
2012 and $219,000 below the request. The fiscal year 2012 
appropriation included $200,000,000 for disaster assistance for 
areas that received a disaster designation in fiscal year 2011.

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

    The Committee recommends $182,000,000 for Economic 
Development Assistance programs, which is $38,000,000 below the 
comparable non-disaster fiscal year 2012 level and the same as 
the request. The Committee expects EDA to continue its efforts 
to assist communities impacted by economic dislocations in the 
coal and timber industries at no less than the fiscal year 2006 
level, and to prioritize assistance to distressed rural 
communities. The Committee also directs EDA to ensure that 
grant decision-making authority is maintained in the regional 
offices. Of the amounts provided, funds are to be distributed 
as follows; any deviation of funds shall be subject to the 
procedures set forth in section 505 of this Act:

 
 
 
Public Works..........................................       $85,500,000
Planning..............................................        27,000,000
Technical Assistance..................................        12,000,000
Research and Evaluation...............................         1,500,000
Trade Adjustment Assistance...........................        15,800,000
Economic Adjustment Assistance........................        40,200,000
                                                       -----------------
    Total.............................................      $182,000,000
 

    Repatriation grants.--Of the amount provided for Economic 
Adjustment Assistance, EDA shall use no less than $5,000,000 to 
continue efforts to encourage U.S. firms to relocate their 
manufacturing or services back to the United States. The 
Committee encourages EDA to include Native American communities 
as potential locations for these repatriation activities. The 
Committee established this program in fiscal year 2012 and 
directs EDA to submit a report no later than 120 days after 
enactment of this Act describing the number and types of 
industries that sought to take advantage of this program as 
well as a list of grants approved during fiscal year 2012.
    Innovative manufacturing loans.--Of the amount provided for 
Economic Adjustment Assistance, $5,000,000 is for Federal loan 
guarantees to small- and medium-sized manufacturers for the use 
or production of innovative technologies, as authorized by 
section 26 of the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3721). The Committee believes this program has 
the potential to boost manufacturing output and create 
manufacturing jobs in the United States. EDA shall report to 
the Committee in its fiscal year 2014 budget request regarding 
the implementation of this program, to include the number of 
loans provided, the amount of the loans, and the businesses 
supported. EDA shall continue to consult with the Commerce 
Inspector General to ensure that EDA incorporates appropriate 
oversight protocols and meets Federal Credit Reform Act 
requirements.
    Vocational training opportunities.--The Committee 
encourages EDA to consider developing programs that include 
supporting vocational and post-secondary training in 
economically distressed rural areas with high unemployment 
rates in order to address the shortage of skilled workers in 
various industries.

                         SALARIES AND EXPENSES

    The Committee recommends $37,500,000 for EDA salaries and 
expenses, which is the same as fiscal year 2012 and $219,000 
below the request. The Committee directs EDA to prioritize 
filling vacancies in the field rather than at headquarters to 
enable EDA to provide assistance to distressed communities in a 
timely manner.
    Cyber intrusion.--The Department of Commerce Chief 
Information Officer shall provide a report to the Committee no 
later than 90 days after enactment of this Act describing the 
cyber intrusion incident at EDA and the steps implemented to 
ensure that the Department's networks are hardened according to 
the information technology security requirements established in 
the Federal Information Security Management Act (Public Law 
107-347) and other relevant Federal cybersecurity mandates. 
Additional discussion about Commerce Department information 
technology networks is included in the Departmental Management 
section of this report.
    Shift from traditional economic development role.--The 
Committee remains concerned that EDA is shifting away from 
providing traditional infrastructure development assistance to 
rural communities impacted by systemic, long-term unemployment 
and economic distress. For example, a recent rural economic 
development initiative announced by the Administration includes 
language in the accompanying Federal Funding Opportunity 
announcement that states in part, ``Projects must benefit rural 
communities, but applicants need not be physically located in a 
rural community.'' The Committee directs the Government 
Accountability Office (GAO) to review EDA grants provided 
between fiscal years 2006 through 2012, to include the criteria 
EDA used to determine eligibility for each grant, the 
unemployment rate of the county of the grantee as compared to 
the state and national average during that year, the total 
number of persons living in poverty in the county of the 
grantee as compared to the state and national average during 
that year, the population density of the county that received 
the grant and the type of project funded. This review, to be 
submitted to the Committee by February 5, 2013, shall include a 
review of grants provided under the Economic Adjustment 
Assistance and Public Works programs.
    Nexus with manufacturing.--The Committee encourages EDA and 
the National Institute of Standards and Technology (NIST) 
Manufacturing Extension Partnership (MEP) program to 
collaborate on ways to encourage manufacturers or manufacturing 
supply chain firms to locate in areas impacted by severe and 
continued economic distress as indicated by high rates of 
unemployment and poverty.

                  Minority Business Development Agency


                     MINORITY BUSINESS DEVELOPMENT

    The Committee recommends $28,689,000 for the Minority 
Business Development Agency (MBDA), which is $1,650,000 below 
fiscal year 2012 and the same as the request.
    Assistance for agricultural and manufacturing startups.--
The Committee notes that manufacturing and agricultural startup 
companies often face particular challenges that can impede 
their chances of success. Therefore, the Committee expects MBDA 
to work with the MEP program at NIST and with ITA to see how 
their efforts can be better coordinated to ensure that Commerce 
is able to provide end-to-end services for startup businesses, 
including ones that are minority-owned.

                   Economic and Statistical Analysis


                         SALARIES AND EXPENSES

    The Committee recommends $96,000,000 for economics and 
statistical analysis, which is the same as fiscal year 2012 and 
$4,269,000 below the request.

                          Bureau of the Census

    The Committee recommends a total of $878,693,000 for the 
Bureau of the Census, which is $9,643,000 below fiscal year 
2012 and $91,732,000 below the request.
    Census Working Capital Fund.--In fiscal year 2012, the 
Bureau had large unobligated balances in its Working Capital 
Fund. Therefore, the Committee transferred $55,000,000 in such 
balances from its Working Capital Fund to the Periodic Censuses 
and Programs account to meet current year program requirements. 
The Committee notes that GAO's November 2011 report, 
Intragovernmental Revolving Funds: Commerce Departmental and 
Census Working Capital Funds Should Better Reflect Key 
Operating Principles, identified several areas in need of 
improvement for effective management of the Census Working 
Capital Fund. The Committee understands that as a result of 
this review, the Bureau is conducting an evaluation of its 
Working Capital Fund and that this review is expected to be 
complete in August 2012. The Committee expects that the 
Department shall review suggested changes to the management of 
the Census Working Capital Fund and brief the Committee on the 
results of this review no later than September 28, 2012.

                         SALARIES AND EXPENSES

    The Committee recommends $253,336,000 for the salaries and 
expenses of the Bureau of the Census, which is the same as 
fiscal year 2012 and $5,839,000 below the request. Of the 
amounts provided, funds are to be distributed as follows; any 
deviation of funds shall be subject to the procedures set forth 
in section 505 of this Act:

 
 
 
Current Economic Statistics...........................      $177,758,000
Current Demographic Statistics........................        72,995,000
Survey Development and Data Services..................         2,583,000
                                                       -----------------
  Total...............................................      $253,336,000
 

                     PERIODIC CENSUSES AND PROGRAMS

    The Committee recommends a total of $625,357,000 for 
periodic censuses and programs, which is $9,643,000 below 
fiscal year 2012 and $85,893,000 below the request. The fiscal 
year 2012 appropriation included a $55,000,000 transfer from 
the Census Working Capital Fund. Of the amounts provided, funds 
are to be distributed as follows; any deviation of funds shall 
be subject to the procedures set forth in section 505 of this 
Act:

 
 
 
Economic Statistics Programs
  Economic Censuses...................................      $132,292,000
  Census of Governments...............................        10,471,000
Demographic Statistics Programs
  Intercensal Demographic Estimates...................        10,092,000
  2010 Decennial Census Program.......................       284,373,000
  2020 Decennial Census...............................        79,829,000
  Demographic Surveys Sample Redesign.................         9,833,000
  Geographic Support..................................        66,035,000
  Data Processing System..............................        32,432,000
                                                       -----------------
    Total.............................................      $625,357,000
 

    Economic Census.--The Committee recommends $132,292,000 for 
the Economic Census, which is $20,000,000 above fiscal year 
2012 and $20,446,000 less than the request. Funding is reduced 
for collection and processing activities because responses are 
not due until five months into fiscal year 2013, and for data 
tabulation and macro analysis because Census will not begin 
these efforts until the end of fiscal year 2013.
    2020 Decennial Census.--The Committee recommendation for 
the 2020 Decennial Census is $79,829,000 which is $13,199,000 
above fiscal year 2012 and $51,596,000 below the request. The 
Committee recommends reduced funding because the Bureau has not 
yet established procedures that will enable it to increase 
response rates while containing costs. As recommended by the 
GAO in its report, Decennial Census: Additional Actions Could 
Improve the Census Bureau's Ability to Control Costs for the 
2020 Census, the Committee directs the Bureau to develop a 
method to identify and address specific factors that contribute 
to significant cost increases, identify key decision points, 
and finalize guidance for the 2020 life cycle cost estimate. 
The Committee directs the Bureau to analyze data from key 
census-taking activities to determine their marginal costs and 
benefits, and use this information to inform decisions on 
developing more cost-effective methods for 2020. The Committee 
directs the Bureau to submit yearly cost estimates and a total 
life cycle cost estimate for the 2020 Decennial as part of its 
fiscal year 2014 Congressional budget submission. Further, 
GAO's report, 2010 Census: Preliminary Lessons Learned 
Highlight the Need for Fundamental Reforms, estimated the cost 
of the 2010 Decennial at $13 billion. The Committee expects 
that the total life cycle cost for the 2020 Decennial will not 
exceed this amount. The Committee directs the Census Bureau to 
submit a spending plan for the 2020 Decennial Census funds no 
later than 90 days after enactment of this Act, to include 
activities and milestones that will be accomplished with the 
fiscal year 2013 appropriation.
    Cloud computing initiative.--The Committee understands that 
the Bureau is establishing a cloud computing infrastructure to 
support future IT business requirements. The Committee expects 
that the Bureau will collaborate with the Commerce Chief 
Information Officer and leverage the expertise of NIST's 
research in cloud computing to ensure that the systems 
developed are appropriately secure from cyber intrusion, and 
will increase efficiencies and savings.

       National Telecommunications and Information Administration


                         SALARIES AND EXPENSES

    The Committee recommends $45,568,000 for the salaries and 
expenses of the National Telecommunications and Information 
Administration (NTIA), which is the same as fiscal year 2012 
and $1,357,000 below the request.
    Public Safety Broadband Corporation.--The Committee directs 
NTIA and NIST to provide an implementation schedule to the 
Committee no later than 120 days after enactment of this Act 
that describes the timeframes for deploying the ``FirstNet'' 
public safety broadband network established under Public Law 
112-96 and includes a description of the types of research NIST 
will undertake and how this research will inform the NTIA 
grant-making process.
    Broadband Technology Opportunities Program.--The Committee 
directs NTIA to continue submitting quarterly reports on the 
Broadband Technology Opportunities Program. As part of this 
report, NTIA shall include a particular emphasis on the seven 
projects that are supporting deployment of 700 MHz public 
safety broadband networks and describe how these projects will 
be coordinated with ``FirstNet'' noted above.
    Institute for Telecommunications Sciences (ITS).--The 
recommendation includes a requested $1,886,000 reduction to 
eliminate multimedia quality research at the NTIA's ITS. The 
Committee directs the Secretary of Commerce to examine the 
research on public safety wireless communication conducted by 
ITS and make recommendations by February 5, 2013, for merging 
all or some of these research components into NIST. Further, 
the Committee expects NTIA to engage the National Academy of 
Sciences to analyze the research and activities of ITS and make 
recommendations regarding the extent to which ITS research is 
addressing future telecommunications challenges and spectrum 
needs. This report shall be provided to the Committee by June 
2013.

               United States Patent and Trademark Office


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

    The Committee recommends $2,933,241,000 for the United 
States Patent and Trademark Office (PTO), the full amount of 
fiscal year 2013 fee collections estimated by the Congressional 
Budget Office. The spending authority provided by this bill 
represents an increase of $255,241,000, or 9.5 percent, above 
fiscal year 2012. The recommendation maintains language making 
available any excess fee collections above the level provided 
in this Act.
    Quarterly reports.--The Committee directs PTO to continue 
providing quarterly reports on actual and projected fee 
collections. In addition, PTO shall include in this report the 
number of examiners and administrative patent judges hired and 
the number separated; the average pendency time to first action 
and average pendency to disposal; and updates on the backlog.
    Reprogramming and reserve.--The recommendation maintains 
bill language making available fee collections above the 
appropriated funding level and requiring PTO to follow the 
reprogramming notification procedures outlined in section 505 
of this Act before using such excess fee collections. In 
addition, the Committee understands that PTO plans to establish 
and grow an operating reserve that will equal one third of its 
yearly operating budget. Prior to obligating any of the funds 
in its operating reserve during fiscal year 2013, the PTO shall 
submit to the Committee a reprogramming notification with a 
spending plan describing how it intends to use these funds. The 
Committee expects that PTO will establish a schedule for 
submitting such notifications that is predictable and describes 
how the expenditure of these reserve funds will improve patent 
quality, reduce the backlog of pending applications and 
appeals, improve the information technology infrastructure, or 
otherwise improve the efficiency and effectiveness of PTO.
    Secrecy orders.--During fiscal year 2012, PTO convened 
national security agencies in order to review the current 
standards for issuing a secrecy order to determine whether 
those standards should be updated, and to examine the extent to 
which these agencies take into account export control subject 
matter. The Committee directs PTO to continue its efforts to 
ensure that the secrecy order process is updated as 
appropriate. The PTO shall conduct a review of this process and 
provide an annual report, to be submitted at the end of the 
second quarter of fiscal year 2014, on the secrecy order 
process, the recommendations of each participating agency, and 
any recommendations that are adopted.
    Third party cybersecurity standards.--The Committee directs 
PTO to add advisory language to the notices it sends to 
applicants informing them that their application has been 
placed under a secrecy order or may be sensitive from an 
economic or national security perspective. The Committee 
understands that PTO does not have statutory authority to 
require inventors and their lawyers to meet certain information 
security standards at their offices or other locations but 
expects PTO to advise applicants on minimum cybersecurity 
standards and best practices for private entities that 
electronically store private data on patent applications. PTO 
shall report to the Committee no later than 120 days after 
enactment of this Act regarding its implementation of this 
initiative.
    Trademark squatting.--The Committee directs PTO to submit a 
report to the Committee within 90 days of enactment of this Act 
detailing its efforts to date and future plans to combat the 
malicious practice of trademark squatting.
    Satellite offices.--The Committee supports PTO's satellite 
office program and directs PTO to submit a report to the 
Committee no later than 120 days after enactment of this Act 
showing patent applications by State between fiscal years 2007 
through 2011, the types of patent applications by State during 
this timeframe, the criteria PTO used to select the site of the 
first satellite office as well as the factors that PTO will use 
to determine the location of the remaining two satellite 
offices. This report shall also include an estimate of the 
yearly operating cost of each of the three satellite offices, 
to include breakouts of salaries and benefits, rent and other 
operating expenses, and information technology infrastructure 
needs. This report shall also include an update on the 
establishment of the first office as well as the number of 
applicants that this office has assisted since opening.
    Promoting stories of inventors.--The Committee notes that 
PTO is developing educational materials for use in K-12 
schools, highlighting the accomplishments of inventors and the 
advances realized as a result of inventions. The Committee is 
greatly supportive of these efforts and believes that these 
efforts could be further enhanced by helping to educate 
students about the accomplishments of inventors who lived or 
are living in the same geographic areas in which the students 
themselves are residing. Furthermore, the Committee believes 
that highlighting the inventions of women and minority 
inventors could help spur interest in innovation and Science, 
Technology, Engineering, and Mathematics (STEM) education among 
female and minority students, who are too often 
underrepresented in STEM fields. The Committee directs PTO, in 
consultation with the National Science Foundation, the 
Department of Education, and other Federal agencies, to further 
enhance its educational outreach efforts by developing a 
strategic plan to: (1) develop educational materials aimed at 
highlighting the innovation accomplishments of inventors from 
specific geographic areas, so as to help inspire students and 
promote STEM education and STEM fields among students residing 
in these same areas; and (2) develop educational materials 
aimed at highlighting the innovation accomplishments of women 
and minority inventors in the United States, so as to help 
inspire female and minority students and further promote STEM 
education and boost representation in STEM fields among 
historically underrepresented groups. The Committee further 
directs PTO to submit this plan along with a schedule for 
implementing related actions no later than 120 days after 
enactment of this Act. In addition, the Committee directs PTO 
to include in its fiscal year 2014 Congressional budget request 
an accounting of any PTO costs associated with these actions.

             National Institute of Standards and Technology

    The Committee recommendation includes $830,173,000 for 
NIST, which is $79,349,000 above fiscal year 2012 and 
$26,827,000 below the request.

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

    The Committee recommendation includes $621,173,000 for 
NIST's scientific and technical core programs, which is 
$54,173,000 above fiscal year 2012 and $26,827,000 below the 
request. The recommendation provides funding above the current 
year for metrology infrastructure and standards to support 
biomanufacturing, standards to support nanomanufacturing, the 
Materials Genome Initiative, measurement science and standards 
to support smart manufacturing, the NIST Manufacturing 
Fellowship Program, secure and interoperable communications, 
and disaster resilience and natural hazards risk reduction. The 
Committee encourages NIST, as Federal coordinator for the 
National Initiative for Cybersecurity Education, to explore 
establishing a training program at NIST dedicated to 
cybersecurity education for veterans. The Committee encourages 
NIST to continue to explore the research field of graphene 
ribbon and carbon-based nanomanufacturing.
    Centers of Excellence.--The recommendation includes 
$20,000,000 as requested to establish four Centers of 
Excellence which are designed to focus on innovations in 
measurement science and emerging technology areas, including 
advanced communications, advanced manufacturing, 
biomanufacturing, cyberphysical systems, or quantitative 
biology. NIST shall use its existing organizational structure 
to implement this program and not develop another program 
office.
    National Strategy for Trusted Identities in Cyberspace 
(NSTIC).--The recommendation does not include funding for 
NSTIC. The Committee understands that fiscal year 2012 funding 
for pilots will not be obligated until the end of fiscal year 
2012. NIST shall report to the Committee no later than 120 days 
after enactment of this Act listing the pilots funded and then, 
subsequently, regarding the results of these pilots. These 
reports shall also detail the activities and accomplishments of 
the National Program Office and Steering Group. NIST may 
support the work of the National Program Office in fiscal year 
2013 with remaining balances of fiscal year 2012 
appropriations. The report mentioned above shall include a 
spending plan for any such proposed use of fiscal year 2012 
balances.

                     INDUSTRIAL TECHNOLOGY SERVICES

    The Committee recommends $149,000,000 for Industrial 
Technology Services, which is $20,557,000 above fiscal year 
2012 and the same as the request. This amount includes 
$128,000,000 for the Manufacturing Extension Partnership (MEP) 
program, which is $443,000 below fiscal year 2012 and the same 
as the request.
    Manufacturing Extension Partnership program (MEP).--The MEP 
consists of 60 centers around the country that work with small- 
and medium-sized manufacturers to deliver technical assistance 
to improve their manufacturing processes. The Committee expects 
the MEP program to reduce overhead costs, which represent 13 
percent of the total program budget in fiscal year 2012, and 
use this funding to provide direct assistance to additional 
manufacturers. The GAO shall evaluate the extent to which the 
MEP program achieves administrative efficiencies and provide a 
report to the Committee by February 5, 2013.
    The Committee is disappointed that the Secretary has not 
submitted the report requested in the statement accompanying 
Public Law 112-55 regarding the MEP program and directs the 
Secretary to submit this report no later than May 1, 2012.
    National Innovation Marketplace (NIM).--Within the amount 
provided for the MEP program for fiscal year 2013, not less 
than $2,500,000 is for the NIM, a web-based tool being 
developed by NIST to help companies, communities, colleges and 
universities, inventors, and entrepreneurs accelerate supply 
chain connections and facilitate partnerships. The Committee 
commends the Department's efforts to increase participation in 
the NIM, but notes that significant work remains to ensure that 
potential participants are aware of and able to access this 
helpful resource. The Committee directs the Department to 
provide, no later than 60 days after enactment of this Act, a 
specific and detailed plan for publicizing and promoting the 
NIM, with an aim toward greatly increasing participation 
throughout the country and across the Nation's economy. The 
Committee directs the Department to include in this plan 
specific timetables paired with specific numerical goals for 
each category of NIM participant.
    Advanced Manufacturing Technology Consortia.--The Committee 
recommendation includes $21,000,000, the full amount requested, 
to establish industry-led Advanced Manufacturing Technology 
Consortia to identify and prioritize research projects 
supporting long-term industrial research needs. NIST shall 
provide a report and overall assessment to the Committee by 
February 5, 2013, that includes actual and planned obligation 
and expenditure data for each activity funded as well as a 
description of the activities, accomplishments, research areas 
identified, and long-term goals and milestones of the Advanced 
Manufacturing Technology Consortia program. The Committee 
expects NIST to allocate no more than $1,000,000 under this 
program for administrative costs and to ensure that competitive 
research awards under this program benefit all industry members 
and are based on open access to intellectual property.

                  CONSTRUCTION OF RESEARCH FACILITIES

    The Committee recommends $60,000,000 for NIST construction, 
which is $4,619,000 above fiscal year 2012 and the same as the 
request.
    Boulder Building 1 renovation.--Of the amounts provided, 
$11,800,000 is provided as requested for continued renovation 
activities at the Boulder, Colorado, facility. NIST shall 
provide an update on the status of these renovations, to 
include obligations and expenditures of prior year funds, no 
later than 120 days after enactment of this Act.
    Safety, Capacity, Maintenance, and Major Repairs.--The 
remaining $48,200,000 in construction funds are provided for 
Safety, Capacity, Maintenance, and Major Repairs, as requested. 
NIST shall provide a report to the Committee no later than 30 
days after enactment of this Act regarding the projects that 
will be funded and the milestones for completion. This report 
shall also include a description of projects previously funded 
between fiscal years 2009 and 2012, to include a report on the 
obligations and expenditures of funds associated with each 
activity. NIST shall also provide a report, including 
obligations and expenditures, of projects funded with the 
$180,000,000 NIST received in the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5) to address NIST's 
backlog of maintenance and renovation projects.

            National Oceanic and Atmospheric Administration

    The Committee recommends a total of $4,961,669,000 in 
discretionary funds for the National Oceanic and Atmospheric 
Administration (NOAA), which is $67,994,000 above fiscal year 
2012 and $92,877,000 below the request.
    Congressional justifications.--The Committee did not 
receive budget justification materials from NOAA until over a 
month after the President's budget submission. The Committee 
depends on the timely submission of this information in order 
to provide oversight and make funding recommendations and 
expects NOAA and the Department will ensure that this situation 
does not occur in the future.
    Science Advisory Board.--The Committee understands that the 
NOAA Science Advisory Board is evaluating NOAA's research 
enterprise and the effectiveness of its management structure to 
meet its science requirements. Preliminary recommendations will 
be available later this year. The Committee requests that the 
NOAA Science Advisory Board brief the Committee no later than 
30 days after providing its recommendations to NOAA.
    Administrative overhead.--The Committee directs NOAA to 
conduct a review of its programs with the goal of reducing and 
consolidating administrative overhead. For example, the 
Committee understands that during fiscal year 2011, NOAA 
administrative costs for the Coastal Zone Management (CZM) 
program were funded in at least three different lines on the 
NOAA funding table. NOAA shall submit a report no later than 
120 days after enactment of this Act displaying administrative 
or other charges assessed by NOAA in fiscal years 2011 and 2012 
to each of the lines on the NOAA ``Control Table,'' to include 
the amount assessed and the purpose.
    Data sources.--The Committee directs GAO to examine NOAA's 
various ocean and coastal data collection systems, including 
but not limited to: Integrated Ocean Observing System (IOOS), 
Physical Oceanographic Real-Time System (PORTS), National Water 
Level Observation Network (NWLON), Coastal-Marine Automated 
Network (C-MAN), Argo, Deep-ocean Assessment and Reporting of 
Tsunamis (DART), drifting buoys, the Toga Tao array, and 
gliders. This report, to be submitted no later than 180 days 
after enactment of this Act, shall include the location of 
these sensors; the yearly cost to maintain these systems; the 
NOAA line office that is responsible for the system; how these 
systems are used by the various NOAA line offices, other 
Federal government agencies and the private sector; and a 
review of the data that these systems provide, how this data is 
used and a determination as to whether or not the data they 
collect is duplicative of, different from or complements other 
data available to NOAA.
    Facilities Maintenance.--The Committee is concerned that 
NOAA does not maintain a standard for assessing facilities 
maintenance funding requirements. The Committee expects NOAA to 
provide more transparency and clarity in the ongoing 
maintenance needs of its labs and other facilities and 
therefore directs NOAA to include in its fiscal year 2014 
Congressional budget submission separate facilities maintenance 
funding requests for each of the line offices.
    Biological opinions related to pesticide registration.--The 
Committee directs NOAA to submit a report on how it has 
complied with the March 2009 Presidential Memorandum to all 
executive branch departments and agencies that instructs each 
agency to conduct peer reviews on certain scientific 
information that the agency intends to disseminate. 
Specifically, the Committee directs NOAA to provide a report no 
later than 120 days after enactment of this Act on NOAA's 
development of biological opinions on pesticide registrations 
in compliance with consultation requirements under section 7 of 
the Endangered Species Act.
    Coastal and marine spatial planning.--The Committee notes 
that coastal and marine spatial planning was funded as a 
separate line item in the National Ocean Service in fiscal year 
2011. No funding was provided in fiscal year 2012 and none was 
requested in fiscal year 2013. Consequently, this bill includes 
no funds for coastal and marine spatial planning activities 
under any NOAA program, project or activity in this Act.

                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommendation includes a total program level 
of $3,102,435,000 under this account for the coastal, 
fisheries, marine, weather, satellite and other programs of 
NOAA. This total funding level includes $2,968,371,000 in 
direct appropriations, a transfer of $119,064,000 from balances 
in the ``Promote and Develop Fishery Products and Research 
Pertaining to American Fisheries'' account and $15,000,000 
derived from recoveries of prior year obligations. The direct 
appropriation of $2,968,371,000 is $53,860,000 below fiscal 
year 2012 and $74,089,000 below the request.
    The following narrative descriptions and tables identify 
the specific activities and funding levels included in this 
Act.
    National Ocean Service.--The recommendation provides 
$427,275,000 for National Ocean Service (NOS) operations, 
research and facilities.
    Navigation Services.--The Committee recommendation includes 
$150,829,000 for Navigation Services and restores the 
$1,240,000 reduction proposed for the Navigation Response 
Teams. These teams respond to accidents and natural events that 
create navigation hazards but also spend a majority of their 
time conducting regular mapping and charting production 
activities that also contribute to navigation safety and 
efficiency. However, the Committee directs NOAA to pursue 
reimbursable agreements as appropriate with respect to 
providing assistance requested by other agencies in response to 
accidents or natural disasters.
    Ocean Resources Conservation and Assessment.--The Committee 
recommendation includes $148,589,000 for Ocean Resources 
Conservation and Assessment programs. Within this amount, NOAA 
recommends a total of $31,468,000 for IOOS, which is $2,080,000 
above the fiscal year 2012 amount. Within the amounts provided, 
NOAA shall ensure that sufficient resources are allocated for 
verification and validation of existing equipment.
    Marine debris.--The Committee does not approve of the 
transfer of these activities to the National Marine Fisheries 
Service and includes $3,000,000 for marine debris activities 
within NOS.
    Lessons learned from the Deepwater Horizon oil spill.--The 
Committee encourages NOAA to develop specific biosensor 
methodologies and validate specific model organisms to use as 
biological sentinels to detect the impacts of environmental 
disasters. In addition, the Committee encourages NOAA to draw 
on lessons learned from its response to the Deepwater Horizon 
oil spill and engage with its academic partners to develop a 
response plan in the event of an oil spill in the Caribbean. 
NOAA shall provide a report to the Committee no later than 120 
days after enactment of this Act outlining a response plan.
    Competitive Research.--The Committee recommends $11,000,000 
for Competitive Research within NOS, which is $1,968,000 higher 
than fiscal year 2012 and the same as the request. All 
$11,000,000 shall be used for competitive research and not for 
NOAA administrative activities or expenses. The Committee 
directs NOAA to assess the placement of this program within the 
NOS and whether this program is more appropriately funded in 
the Office of Oceanic and Atmospheric Research. NOAA shall 
report to the Committee on this assessment no later than 90 
days after enactment of this Act.
    Coastal and Ocean Management.--The Committee recommends a 
total of $127,857,000 for coastal management and the Marine 
Sanctuary Program. The Committee directs the GAO to submit an 
evaluation of NOAA's implementation of the Coastal Zone 
Management Act since it was enacted by Congress 40 years ago. 
This report shall include: amounts provided by year to each 
State since the program's inception; a sampling of yearly 
milestones presented by NOAA and the States and whether or not 
those milestones and overall program goals have been achieved; 
a discussion of how the types of projects funded over time have 
changed; and any recommendations for improvements in NOAA's 
oversight of the program. This review shall include a sampling 
and description of how the States used the funds provided. The 
GAO shall provide this report to the Committee no later than 
180 days after enactment of this Act.

                         NATIONAL OCEAN SERVICE
                  Operations, Research, and Facilities
                        (in thousands of dollars)
------------------------------------------------------------------------
                         Program                               Amount
------------------------------------------------------------------------
Navigation Services
  Mapping and Charting
    Mapping and Charting Base............................      $50,584
    Hydrographic Research and Technology Development.....        6,964
    Electronic Navigational Charts.......................        5,780
    Shoreline Mapping....................................        2,272
    Address Survey Backlog/Contracts.....................       26,946
                                                          --------------
  Subtotal, Mapping and Charting.........................       92,546
                                                          --------------
  Geodesy
    Geodesy Base.........................................       26,822
    National Height Modernization........................        2,406
                                                          --------------
  Subtotal, Geodesy......................................       29,228
                                                          --------------
  Tide and Current Data
    Tide and Current Data................................       29,055
                                                          --------------
  Subtotal, Tide and Current Data........................       29,055
                                                          --------------
Total, Navigation Services...............................      150,829
                                                          ==============
Ocean Resources Conservation and Assessment
  Ocean Assessment Program
    IOOS Regional Observations...........................       26,568
    NOAA IOOS............................................        4,900
    Coastal Storms.......................................        2,495
    Coastal Services Center..............................       22,237
    Coral Reef Program...................................       24,098
                                                          --------------
Subtotal, Ocean Assessment Program.......................       80,298
                                                          --------------
  Response and Restoration
    Response and Restoration Base........................       21,859
    Marine Debris........................................        3,000
                                                          --------------
Subtotal, Response and Restoration.......................       24,859
                                                          --------------
  National Centers for Coastal Ocean Science
    National Centers for Coastal Ocean Science...........       32,432
    Competitive Research.................................       11,000
                                                          --------------
  Subtotal, National Centers for Coastal Ocean Science...       43,432
                                                          --------------
Total, Ocean Resources Conservation and Assessment.......      148,589
                                                          ==============
Ocean and Coastal Management
  Coastal Management
    Coastal Zone Management Grants.......................       59,531
    Coastal Zone Management Act and Stewardship..........        5,313
    Regional Ocean Partnership Grants....................        4,000
    National Estuarine Research Reserve System...........       17,081
                                                          --------------
Subtotal, Coastal Management.............................       85,925
                                                          --------------
Ocean Management
  Marine Sanctuary Program
    Marine Sanctuary Program.............................       41,932
                                                          --------------
Subtotal, Ocean Management...............................       41,932
                                                          --------------
Total, Coastal and Ocean Management......................      127,857
                                                          ==============
Total, National Ocean Service, Operations, Research, and      $427,275
 Facilities..............................................
------------------------------------------------------------------------

    National Marine Fisheries Service.--The Committee 
recommends $775,427,000 for the National Marine Fisheries 
Service (NMFS) operations, research and facilities.
    Protected Species Research and Management.--The Committee 
recommends $154,234,000 for Protected Species Research and 
Management programs, including the full request of $38,972,000 
for base programs. NMFS shall submit a detailed breakout of 
this base funding to the Committee no later than 60 days after 
enactment of this Act. Within available resources, the 
Committee encourages NOAA to maintain funding for marine mammal 
stranding grants.
    Fisheries Research and Management.--The Committee 
recommends $425,042,000 for Fisheries Research and Management 
programs, including the full amount requested, $177,560,000, 
for base activities. NMFS shall submit a detailed breakout of 
this base funding to the Committee no later than 60 days after 
enactment of this Act. The Committee recommends $68,645,000, 
the full amount requested, for Expand Annual Stock Assessments 
and Improve Data Collection, which is $5,083,000 more than the 
fiscal year 2012 level for these activities. The Committee 
expects that NMFS will use these funds to improve its ability 
to accurately estimate fish stocks and urges NMFS to review 
recent National Academy of Sciences reports on stock 
assessments and other relevant topics and update its 
methodologies as appropriate.
    Salmon Management Activities.--The Committee recommends 
$36,920,000 for Salmon Management Activities. Within this 
amount, an increase of $10,000,000 is provided above the 
request to allow hatcheries to be reformed according to the 
recommendations of the Hatchery Scientific Review Group.
    Enforcement and Observers Training.--The Committee 
recommends $110,289,000 for Enforcement and Observers Training, 
which is $4,928,000 above the fiscal year 2012 level and the 
same as the request. The Committee directs NOAA to implement 
the recommendations from the Commerce Inspector General report 
OIG-12-019-I, More Action Needed to Improve Controls in Asset 
Forfeiture Fund, particularly with respect to implementing 
controls to ensure that all proceeds received are accurately 
recorded. NOAA shall report to the Committee no later than 120 
after enactment of this Act regarding progress made in 
addressing the problems raised in the Inspector General report.
    Habitat Conservation and Restoration.--The Committee does 
not approve of the transfer of the Marine Debris program from 
NOS to NMFS; funds are provided for these activities in NOS, as 
in previous years.
    Cooperative research.--The recommendation includes the full 
$12,000,000 requested for cooperative research, which is 
$1,035,000 more than the fiscal year 2012 level. The Committee 
expects that all funding provided shall be used for cooperative 
fisheries research and not for NOAA activities or 
administrative overhead costs.
    Marine invasive species.--The Committee encourages NMFS to 
strengthen partnerships with states and interstate fisheries 
commissions on the management and research of marine invasive 
species.

                    NATIONAL MARINE FISHERIES SERVICE
                  Operations, Research, and Facilities
                        (in thousands of dollars)
------------------------------------------------------------------------
                         Program                               Amount
------------------------------------------------------------------------
Protected Species Research and Management
  Protected Species Research and Management Programs Base      $38,972
  Species Recovery Grants................................        4,317
  Marine Mammals.........................................       39,969
  Marine Turtles.........................................        9,569
  Other Protected Species (marine fish, plants, and              6,433
   invertebrates)........................................
  Atlantic Salmon........................................        2,700
  Pacific Salmon.........................................       52,274
                                                          --------------
Total, Protected Species Research and Management.........      154,234
                                                          ==============
Fisheries Research and Management
  Fisheries Research and Management Programs Base........      177,560
  National Catch Share Program...........................       25,200
  Expand Annual Stock Assessments--Improve Data                 68,645
   Collection............................................
  Economics and Social Sciences Research.................        6,996
  Salmon Management Activities...........................       36,920
  Regional Councils and Fisheries Commissions............       24,614
  Fisheries Statistics...................................       21,178
  Fish Information Networks..............................       19,937
  Survey and Monitoring Projects.........................       21,902
  Fisheries Oceanography.................................        6,432
  American Fisheries Act.................................        5,058
  National Standard 8....................................          915
  Reducing Bycatch.......................................        3,096
  Product Quality and Safety.............................        6,589
                                                          --------------
Total, Fisheries Research and Management.................      425,042
                                                          ==============
Enforcement and Observers/Training
  Enforcement............................................       67,123
  Observers/Training.....................................       43,166
                                                          --------------
Total, Enforcement and Observers/Training................      110,289
                                                          ==============
Habitat Conservation and Restoration
  Habitat Management and Restoration.....................       29,388
                                                          --------------
Total, Habitat Conservation and Restoration..............       29,388
                                                          ==============
Other Activities Supporting Fisheries
  Antarctic Research.....................................        2,489
  Aquaculture............................................        5,115
  Climate Regimes and Ecosystem Productivity.............        1,626
  Computer Hardware and Software.........................        1,658
  Cooperative Research...................................       12,000
  Information Analyses and Dissemination.................       16,163
  Marine Resources Monitoring, Assessment and Prediction           758
   Program...............................................
  National Environmental Policy Act......................        5,910
  NMFS Facilities Maintenance............................        3,052
  Regional Studies.......................................        7,703
                                                          --------------
Total, Other Activities Supporting Fisheries.............       56,474
                                                          ==============
Total, National Marine Fisheries Service, Operations,         $775,427
 Research, and Facilities................................
------------------------------------------------------------------------

    Oceanic and Atmospheric Research.--The Committee recommends 
$404,941,000 for Oceanic and Atmospheric Research (OAR) 
operations, research, and facilities activities. This amount is 
$30,519,000 above the fiscal year 2012 level and $1,500,000 
more than the request. This funding level underscores the 
Committee's prioritization of research across the broad 
spectrum of NOAA programs.
    Balancing the research portfolio.--The Committee notes that 
the overall request for Climate Research activities exceeds 
that for Weather and Air Chemistry Research and Ocean, Coastal, 
and Great Lakes Research combined. Therefore, the Committee 
recommends a more balanced funding allocation across NOAA's 
research programs, including additional funding for Weather and 
Air Chemistry and Ocean, Coastal, and Great Lakes Research 
programs. This reallocation provides for the ongoing operation 
at no less than current operating levels of NOAA's research 
labs funded within OAR. The Committee encourages NOAA and its 
Science Advisory Board to review NOAA's overall research 
portfolio to ensure that it is appropriately allocated to 
support NOAA's core operational mission requirements.
    Weather and Air Chemistry Research.--The Committee directs 
NOAA to provide a report no later than 120 days after enactment 
of this Act regarding the use of unmanned aerial systems in 
hurricane research.
    The recommendation includes requested funding for Multi-
function Phased-Array Radar research and development for 
improved forecast accuracy. The Committee supports NOAA's 
ongoing deployment of dual polarization capability which is 
critical for improving the ability of weather forecasters to 
better distinguish precipitation types. The Committee 
encourages NOAA to continue its internal and external research 
and development activities in this area, and to submit a report 
no later than February 5, 2013, on these efforts.
    In addition, the Committee directs NOAA to collaborate with 
the National Science Foundation and academic and private sector 
partners to study tornadoes and other severe weather events, 
including, but not limited to, variables in humidity and 
topography and how these factors can impact the formation, 
intensity, and storm path of tornadoes. NOAA shall report to 
the Committee, within 90 days of enactment, on plans for this 
research.
    Ocean Exploration and Research.--The Committee supports 
ocean exploration and research and educational programs and 
provides $23,000,000 for these activities, which is $545,000 
below fiscal year 2012 and $3,335,000 above the request. The 
Committee encourages NOAA to utilize its two exploration ships, 
the Oceanos Explorer and the E/V Nautilus, on research and 
exploration missions in the U.S. Exclusive Economic Zone.

               OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
                  Operations, Research, and Facilities
                        (in thousands of dollars)
------------------------------------------------------------------------
                         Program                               Amount
------------------------------------------------------------------------
Climate Research
    Laboratories and Cooperative Institutes..............      $53,350
    Climate Data and Information.........................       13,003
    Climate Competitive Research, Sustained Observations       120,000
     and Regional Information............................
                                                          --------------
Total, Climate Research..................................      186,353
                                                          ==============
Weather and Air Chemistry Research
    Laboratories and Cooperative Institutes..............       63,476
    U.S. Weather Research Program........................        7,553
    Tornado Severe Storm Research/Phased Array Radar.....       13,008
                                                          --------------
Total, Weather and Air Chemistry Research................       84,037
                                                          ==============
Ocean, Coastal, and Great Lakes Research
    Laboratories and Cooperative Institutes..............       31,125
    National Sea Grant College Program Base..............       57,092
    Marine Aquaculture Program...........................        4,556
    Ocean Exploration and Research.......................       23,000
    Integrated Ocean Acidification.......................        6,400
                                                          --------------
Total, Ocean, Coastal, and Great Lakes Research..........      122,173
                                                          ==============
 
High Performance Computing Initiatives...................       12,378
                                                          ==============
Total, Office of Oceanic and Atmospheric Research,            $404,941
 Operations, Research, and Facilities....................
------------------------------------------------------------------------

    National Weather Service.--The Committee recommends 
$897,055,000 for National Weather Service (NWS) operations, 
research and facilities, which is $3,709,000 below the enacted 
level and $22,301,000 above the request. The Committee 
continues to prioritize funding for these core life and safety 
programs.
    Local Warnings and Forecasts base.--The recommendation for 
Local Warnings and Forecasts base activities is $639,905,000, 
which is $8,737,000 more than the current level and $11,341,000 
more that the request. The Committee does not support NOAA's 
proposal to reduce funding for information technology positions 
at each of the Weather Forecast Offices (WFO). Eliminating 
these positions during deployment of Advanced Weather 
Interactive Processing System (AWIPS) upgrades is risky. In 
addition, NOAA has not yet developed a thorough concept for 
where the proposed information technology deployment teams 
would be located, how many technicians would be on each team, 
or how they would be deployed if more than four information 
technology needs arose at the same time. The recommendation 
supports the continuation of such positions at each WFO.
    NOAA Profiler Network.--The recommendation includes 
$4,228,000 to maintain NOAA's Profiler Network (NPN), which is 
the same as the fiscal year 2012 level and $2,417,000 more than 
the request. The NPN consists of 35 operational and two support 
radars that observe wind direction and velocity at various 
altitudes. The data collected have improved probability of 
detection, decreased false alarm rates, and improved lead time 
for tornado warnings and other severe weather events. Thirty of 
these wind profilers are located along ``Tornado Alley.'' The 
Committee does not agree with the proposal to eliminate funding 
for technology refreshments for the NPN. The Committee is 
disappointed that NOAA chose to eliminate this funding and not 
propose alternative data sources to ensure continuity of the 
types of data collected by the NPN. The Committee directs NOAA 
to submit a report no later than 90 days after enactment of 
this Act with a plan for utilizing other data sources that can 
provide similar or better data than that currently provided by 
the NPN.
    Strengthen U.S. tsunami warning network.--The 
recommendation includes $23,466,000 for NOAA's tsunami program, 
which is the same as fiscal year 2012 and $4,554,000 above the 
request. The Committee does not approve of NOAA's proposal to 
terminate partner funding for education and awareness programs 
of the National Tsunami Hazard Mitigation Program or NOAA's 
proposal to reduce funding for maintenance of the DART buoy 
network. The Committee expects NOAA to repair any DART stations 
that are not currently operational and report to the Committee 
no later than 30 days after enactment of this Act regarding the 
status of the entire DART network. The Committee also expects 
NOAA to engage the National Academy of Sciences to review the 
need for, and assess the utility of, establishing a third 
tsunami warning center in the Caribbean, collocated at one of 
NOAA's existing facilities.

                        NATIONAL WEATHER SERVICE
                  Operations, Research, and Facilities
                        (in thousands of dollars)
------------------------------------------------------------------------
                         Program                               Amount
------------------------------------------------------------------------
Local Warnings and Forecasts
    Local Warnings and Forecasts Base....................     $639,905
    Air Quality Forecasting..............................        3,987
    Alaska Data Buoys....................................        1,683
    Sustain Cooperative Observer Network.................        1,865
    NOAA Profiler Network................................        4,228
    Strengthen U.S. Tsunami Warning Network..............       23,466
    Pacific Island Compact...............................        3,775
                                                          --------------
  Subtotal, Local Warnings and Forecasts.................      678,909
                                                          --------------
Operations and Research
    Advanced Hydrological Prediction Services............        6,209
    Aviation Weather.....................................       21,452
    WFO Maintenance......................................        6,588
    Weather Radio Transmitters...........................        2,297
                                                          --------------
  Subtotal, Operations and Research......................       36,546
                                                          --------------
    Central Forecast Guidance............................       79,224
                                                          --------------
Total, Local Warnings and Forecasts, Operations and            794,679
 Research, Central Forecast Guidance.....................
                                                          ==============
Systems Operation and Maintenance
    NEXRAD...............................................       46,247
    ASOS.................................................       11,352
    AWIPS................................................       39,495
    NWSTG Backup--CIP....................................        5,282
                                                          --------------
Total, Systems Operation and Maintenance.................      102,376
                                                          ==============
Total, National Weather Service, Operations, Research,        $897,055
 and Facilities..........................................
------------------------------------------------------------------------

    National Environmental Satellite, Data and Information 
Service.--The Committee recommends $176,907,000 for National 
Environmental Satellite, Data and Information Service (NESDIS) 
operations, research and facilities.
    Data Centers and Information Services.--The Committee 
recommends $66,028,000 for these activities, including not less 
than the current level for each activity currently funded under 
archive, access and assessment programs.

     NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
                  Operations, Research, and Facilities
                        (in thousands of dollars)
------------------------------------------------------------------------
                         Program                               Amount
------------------------------------------------------------------------
Environmental Satellite Observing Systems
  Office of Satellite and Product Operations
    Satellite Command and Control........................      $36,214
    NSOF Operations......................................        7,208
    Product, Processing and Distribution.................       41,114
                                                          --------------
  Subtotal, Office of Satellite and Product Operations...       84,536
                                                          --------------
  Product Development, Readiness and Application
    Product Development, Readiness and Application.......       17,591
    Product Development, Readiness and Applications              3,652
     (Ocean Remote Sensing)..............................
    Joint Center for Satellite Data Assimilation.........        3,046
                                                          --------------
  Subtotal, Product Development, Readiness and                  24,289
   Application...........................................
                                                          --------------
    Commercial Remote Sensing Regulatory Affairs.........        1,006
    Office of Space Commercialization....................          593
    Group on Earth Observations..........................          455
                                                          --------------
Total, Environmental Satellite Observing Systems.........      110,879
                                                          ==============
Data Centers and Information Services
    Archive, Access and Assessment.......................       48,510
    Coastal Data Development.............................        3,600
    Regional Climate Services............................        5,177
    Environmental Data Systems Modernization.............        8,741
                                                          --------------
Total, Data Centers and Information Services.............       66,028
                                                          ==============
Total, NESDIS, Operations, Research, and Facilities......     $176,907
------------------------------------------------------------------------

    Program Support.--The Committee recommends $420,830,000 for 
Program Support (PS) operations, research and facilities, which 
is $13,674,000 below the enacted level and $11,128,000 below 
the request.
    Aircraft services.--The recommendation includes $30,241,000 
for Aircraft Services, which is $2,557,000 above the enacted 
level and the same as the request. Within the amount provided 
for Aircraft Services, NOAA shall distribute resources to 
ensure that hurricane research and reconnaissance aircraft are 
funded at levels to maintain prior year operating tempos 
sufficient to meet hurricane research and reconnaissance needs. 
The Committee expects NOAA to reduce funding for lower priority 
flights and ensure that NOAA hurricane research and 
reconnaissance needs are prioritized. The Committee understands 
that the NOAA fiscal year 2013 budget includes funds to operate 
two of NOAA's three hurricane research and reconnaissance 
aircraft; the third aircraft has reached the end of its service 
life and has been taken out of service. The Committee directs 
GAO to assess the status of NOAA's aircraft and its ability to 
meet core research and operational needs and provide a report 
to the Committee by February 5, 2013. As part of this review, 
GAO shall examine the data collected by NOAA aircraft and 
determine if this data is being collected by other assets 
including NOAA or NASA satellites, or other government assets 
such as data buoys and determine if operating the NOAA aircraft 
is the best or most cost effective method for fulfilling the 
operational and research requirements of NOAA. Lastly, this 
review should include a review of the cost effectiveness of 
NOAA maintaining its own aircraft for non-hurricane research 
needs.
    Management and administrative costs.--The recommendation 
includes language capping NOAA corporate services 
administrative support costs at $207,013,000, which equals the 
amount recommended in this bill for corporate services, Chief 
Information Officer activities and facilities management. As 
directed by the Committee, NOAA submitted a report during 
fiscal year 2012 on management and administrative costs which 
showed that in fiscal year 2011 NOAA spent $338,822,700 on 
management and administration activities across all of the line 
offices. The Committee commends NOAA for undertaking the review 
but finds that the report raises additional questions about how 
the line offices are accounting for administrative overhead. 
The Committee expects NOAA to continue to work with the 
Committee to standardize the treatment of management and 
administrative costs in a manner that maximizes transparency 
and accountability.
    NOAA education program.--The Committee recommends 
$17,561,000 for NOAA's Competitive Educational Grants and 
Programs, which is $7,529,000 below fiscal year 2012 and 
$6,295,000 above the request. The Committee directs NOAA to 
spend no less than $7,561,000 of the amount provided to 
continue its Educational Partnership Program with Minority 
Serving Institutions, with remaining funds supporting NOAA's 
general competitive education program.
    Extramural research.--The Committee believes that NOAA 
benefits from its collaboration with academia and the private 
sector with respect to cooperative institutes and competitive 
research as these relationships build broad community support 
and leverage external funding for mission-oriented research. 
The Committee expects NOAA to continue to track intra- and 
extramural research and report on such expenditures in 
subsequent budget requests.

                             PROGRAM SUPPORT
                  Operations, Research, and Facilities
                        (in thousands of dollars)
------------------------------------------------------------------------
                         Program                               Amount
------------------------------------------------------------------------
Program Support
  Corporate Services
    Under Secretary and Associate Offices Base...........      $27,420
    NOAA-Wide Corporate Services and Agency Management...       99,820
    DOC Accounting System................................        9,733
    Payment to the DOC Working Capital Fund..............       37,074
                                                          --------------
  Subtotal, Corporate Services...........................      174,047
                                                          --------------
  Office of the Chief Information Officer
    IT Security..........................................        8,431
                                                          --------------
  Total, Corporate Services and Chief Information Officer      182,478
                                                          ==============
  NOAA Education Program
    Education Partnership Program/Minority Serving               7,561
     Institutions........................................
    NOAA Education Program Base..........................       10,000
                                                          --------------
  Total, NOAA Education Program..........................       17,561
                                                          ==============
 
                                                          --------------
  NOAA Facilities Management, Maintenance, Construction         24,535
   and Safety............................................
                                                          ==============
 
                                                          --------------
Total, Program Support...................................      224,574
                                                          ==============
Office of Marine and Aviation Operations
  Marine Operations and Maintenance......................      166,015
  Aircraft Services......................................       30,241
                                                          --------------
Total, Office of Marine and Aviation Operations..........      196,256
                                                          ==============
Total, Program Support and OMAO, Operations, Research,        $420,830
 and Facilities..........................................
------------------------------------------------------------------------

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

    The Committee recommendation includes a total program level 
of $1,946,948,000 in direct obligations under this heading, of 
which $1,931,948,000 is appropriated from the general fund and 
$15,000,000 is derived from recoveries of prior year 
obligations. The direct appropriation is $114,854,000 above 
fiscal year 2012 and $33,788,000 below the request. The 
following narrative descriptions and tables identify the 
specific activities and funding levels included in this Act:
    National Weather Service (NWS).--The Committee recommends 
$99,139,000 for NWS systems acquisitions and construction, 
which is $8,029,000 above fiscal year 2012 and $1,700,000 above 
the request, to maintain NOAA's Profiler Network. This amount 
includes the full amount requested, $12,400,000, for the Ground 
Readiness Project to enable the NWS to update its information 
technology infrastructure to ensure that the Weather Forecast 
Offices can receive the data from the Suomi National Polar-
orbiting Partnership (NPP) satellite, Joint Polar Satellite 
System (JPSS), and Geostationary Operational Environmental 
Satellites (GOES). NOAA shall provide a report to the Committee 
no later than 30 days after enactment of this Act with a 
spending plan for these funds as well as the status of 
deploying the upgrades to each of the Weather Forecast Offices.
    National Environmental Satellite, Data and Information 
Service (NESDIS).--The recommendation includes $1,822,821,000 
for NESDIS acquisition and construction. This amount is 
$126,176,000 above fiscal year 2012 and $27,488,000 below the 
request. NOAA shall notify the Committee prior to obligating 
any of its reserve funds for either the GOES-R or JPSS 
programs.
    Geostationary Operational Environmental Satellite-R (GOES-
R) Series.--The Committee recommends $796,000,000 for GOES-R, 
which is $180,378,000 above fiscal year 2012 and $6,000,000 
below the request.
    Joint Polar Satellite System.--The Committee recommends 
$916,364,000 for the JPSS program, which is $7,650,000 below 
fiscal year 2012 level and the same as the request. Funding 
provided will continue development of the JPSS instruments, 
ground systems and spacecraft, including funding to continue 
development of the OMPS-Nadir instrument as requested. The 
Committee understands that failure to complete OMPS-Nadir could 
lead to a need to redesign the JPSS-1 spacecraft and redo 
thermal and mechanical analyses for certain other instruments 
which would have an impact on schedule and cost. The Committee 
notes that no alternatives exist to fill the anticipated gap in 
weather data between the end of the expected operational 
capabilities of the Suomi NPP, estimated to be in 2016, and the 
time when JPSS-1 becomes fully operational in 2018. Therefore, 
NOAA shall report to the Committee within 30 days after 
enactment of this Act, and on a monthly basis thereafter, on 
program progress and adherence to the JPSS budget and schedule.
    Quarterly satellite briefings.--The Committee directs NOAA 
to continue providing quarterly satellite briefings to the 
Committee regarding NOAA major system acquisition programs. 
NOAA shall provide quarterly obligations reports for each of 
the satellite programs beginning with funds expended during 
fiscal year 2012.

               PROCUREMENT, ACQUISITION, AND CONSTRUCTION
                        (in thousands of dollars)
------------------------------------------------------------------------
                         Program                               Amount
------------------------------------------------------------------------
Office of Oceanic and Atmospheric Research
    Research Supercomputing/CCRI.........................      $10,379
                                                          ==============
National Weather Service
  Systems Acquisition
    ASOS.................................................        1,635
    AWIPS................................................       20,592
    NWSTG Legacy Replacement.............................        8,185
    Radiosonde Network Replacement.......................        4,014
    Weather and Climate Supercomputing...................       38,169
    Cooperative Observer Network Modernization (NERON)...        3,700
    Complete and Sustain NOAA Weather Radio..............        5,594
    NOAA Profiler Conversion.............................        1,700
    Ground Readiness Project.............................       12,400
                                                          --------------
  Subtotal, NWS Systems Acquisition......................       95,989
                                                          --------------
    WFO Construction.....................................        3,150
                                                          --------------
  Subtotal, NWS Construction.............................        3,150
                                                          --------------
Total, NWS--PAC..........................................       99,139
                                                          ==============
National Environmental Satellite, Data and Information
 Service
  Systems Acquisition
    Geostationary Systems--N.............................       23,412
    Geostationary Systems--R.............................      796,000
    Polar Orbiting Systems--POES.........................       28,741
    Jason-3..............................................       19,000
    Joint Polar Satellite System (JPSS)..................      916,364
    DSCOVR...............................................       22,383
    EOS and Advanced Polar Data Processing, Distribution           990
     and Archiving Systems...............................
    CIP--single point of failure.........................        2,772
    Comprehensive Large Array Data Stewardship System            6,476
     (CLASS).............................................
    NPOESS Preparatory Data Exploitation.................        4,455
                                                          --------------
  Subtotal, NESDIS Systems Acquisition...................    1,820,593
                                                          --------------
  Construction
    Satellite CDA Facility...............................        2,228
                                                          --------------
Total, NESDIS--PAC.......................................    1,822,821
                                                          ==============
Office of Marine and Aviation Operations
  Fleet Replacement
    Fleet Capital Improvements and Tech Infusion (Vessel        11,712
     Equip and Tech Refresh).............................
    New Vessel Construction..............................        2,897
                                                          --------------
Total, Office of Marine and Aviation Operations, PAC.....       14,609
                                                          ==============
Total, Procurement, Acquisition, and Construction........   $1,946,948
------------------------------------------------------------------------

                    PACIFIC COASTAL SALMON RECOVERY

    The Committee provides $65,000,000 for Pacific Coastal 
Salmon Recovery, which is the same as fiscal year 2012 and 
$15,000,000 above the request. In addition, the accompanying 
bill includes language that requires all funds to be allocated 
based on scientific and merit principles and prohibits the 
availability of funds for marketing activities.

                      FISHERMEN'S CONTINGENCY FUND

    The Committee recommends $350,000, which is the same as 
fiscal year 2012 and the request, for the Fishermen's 
Contingency Fund, to compensate U.S. commercial fishermen for 
damage or loss caused by obstructions related to oil and gas 
exploration. The funds used to provide this compensation are 
derived from fees collected by the Secretary of the Interior.

                   FISHERIES FINANCE PROGRAM ACCOUNT

    The Committee recommends language under this heading 
limiting obligations of direct loans to $24,000,000 for 
Individual Fishing Quota loans and $59,000,000 for traditional 
direct loans. NOAA shall provide a report to the Committee by 
January 1, 2013, providing the current status of loans under 
this program.

                        Departmental Management


                         SALARIES AND EXPENSES

    The Committee recommendation includes $55,000,000 for 
Departmental Management, which is $2,000,000 below fiscal year 
2012 and $1,000,000 below the request.
    Reprogramming procedures.--The Committee reminds the 
Secretary of Commerce of section 505 of this Act. 
Unfortunately, over the last year the Department has chosen to 
announce a range of new activities that create new programs and 
relocate employees without first notifying the Committee. The 
Committee expects the Department to adhere to all reprogramming 
notification procedures.
    Cybersecurity.--The Committee remains concerned about the 
cyber intrusion at EDA and the subsequent negative impacts on 
the agency and its ability to efficiently and quickly assist 
economically distressed communities. The Committee directs the 
Department of Commerce Chief Information Officer to provide a 
quarterly report, to begin with the second quarter following 
enactment of this Act, on progress made by the Department in 
implementing information technology security standards mandated 
in the Federal Information Security Management Act and other 
relevant Federal cybersecurity requirements. Further, the 
Department shall ensure that it uses to the fullest extent 
possible the toolkits and protocols developed by NIST. The 
Committee expects that the Department will coordinate with the 
Department of Homeland Security with respect to cybersecurity 
to ensure that Commerce information technology systems are 
appropriately protected. The Committee directs the Secretary to 
ensure that no later than 60 days after enactment of this Act 
appropriate personnel within each bureau and within the Office 
of the Secretary have received a briefing as directed in the 
fiscal year 2012 appropriations Act. The Secretary, in 
cooperation with other Federal agencies, shall submit a report 
no later than 30 days after enactment of this Act regarding the 
cyber intrusion that occurred at EDA and steps taken to address 
this issue.
    Repatriation and manufacturing initiatives.--The Committee 
expects the Secretary to continue the Department's efforts with 
respect to the repatriation task force and other repatriation 
and manufacturing initiatives established in Public Law 112-55 
and to provide a report to the Committee on the Department's 
activities with respect to these programs no later than 120 
days after enactment of this Act.
    Commercialization of Federally-funded research.--The 
Committee is concerned that some businesses, after developing a 
commercial application for Federally-funded research and 
development, choose to use that application to produce goods 
and services overseas. Such occurrences damage the economic 
interests and competitiveness of the United States and reduce 
the return on taxpayers' investment in Federal research. The 
Committee directs the Department to report to the Committee no 
later than 90 days after the enactment of this Act on efforts 
to prevent the outsourcing of commercialized Federal research 
and development, including the development of a U.S. 
Government-wide policy.
    Economic Security Commission.--The recommendation includes 
$1,000,000 for the Economic Security Commission established by 
the Secretary in fiscal year 2012. The Committee expects the 
first report by the Commission to focus on the strategic 
economic security activities and investments made by China, 
Russia, Brazil, India, Japan and the European Union during 2009 
through 2011 and, to the extent possible, those planned for the 
next five years. The Committee expects the Secretary of 
Commerce to consult with other Federal agencies with respect to 
gathering this data. Funds provided will support the research 
necessary for this annual report. The Committee expects that 
the first such report shall be submitted no later than 180 days 
after enactment of this Act.
    Domestic production capabilities.--The Committee directs 
the Secretary to submit a report no later than 120 days after 
enactment of this Act that reviews the percentage of steel 
slabs manufactured by integrated steel mills in the U.S. that 
are internally consumed by the producer versus those made 
available for commercial sale to other U.S. rolling mills, and 
whether and to what extent U.S. rolling mills with insufficient 
or no capacity to manufacture slabs are able to meet their 
demand for steel slabs from domestic sources. The study shall 
evaluate the ability of rolling mills with insufficient or no 
slab production capacity to meet their demand for steel slabs 
from domestic sources over the past 15 years.
    Cooperatives.--With more than $3 trillion in assets, over 
$500 billion in total revenue, $25 billion in wages and 
benefits, and nearly one million jobs, cooperatives have proven 
themselves to be vital components of the nation's economy. The 
Committee encourages the Department of Commerce to build on its 
efforts to create opportunities for community wealth building, 
workforce training, and job creation by working with national 
and local stakeholders in the cooperative sphere to look at the 
role that business cooperatives can play in stimulating 
industrial and commercial growth in economically distressed 
areas of the United States. The Department shall report to the 
Committee, within 120 days of enactment of this Act, with a 
plan to strengthen business cooperatives and to assist 
communities and organizations attempting to form cooperatives. 
Additionally, this report should include plans to assist 
employee-owned businesses.

                      Office of Inspector General

    The Committee recommends $28,753,000 for the Office of the 
Inspector General (IG), which is $1,807,000 above fiscal year 
2012 and the same as the request. The increase will enable the 
IG to enhance its oversight of the Department's acquisition and 
contracting activities. An additional $2,000,000 is provided 
under the PTO heading for transfer to the IG in order to 
provide adequate oversight of that agency.

               General Provisions--Department of Commerce

    The Committee recommends the following general provisions 
for the Department of Commerce:
    Section 101 makes funds available for advanced payments 
only upon certification of officials, designated by the 
Secretary, that such payments are considered to be in the 
public interest.
    Section 102 makes appropriations for the Department 
available for hire of passenger motor vehicles, for services, 
and for uniforms and allowances as authorized by law.
    Section 103 provides the authority to transfer funds 
between Department of Commerce appropriation accounts and 
requiring notification to the Committee of certain actions.
    Section 104 provides that any costs incurred by the 
Department in response to funding reductions shall be absorbed 
within the total budgetary resources available to the 
Department and shall be subject to the reprogramming 
limitations set forth in this Act.
    Section 105 extends Congressional notification requirements 
for NOAA satellite programs.
    Section 106 provides for reimbursement for services within 
Department of Commerce buildings.
    Section 107 clarifies that grant recipients under the 
Department of Commerce may continue to deter child pornography, 
copyright infringement, or any other unlawful activity over 
their networks.
    Section 108 provides the Administrator with the authority 
to avail NOAA of needed resources, with the consent of those 
supplying the resources, to carry out responsibilities of any 
statute administered by NOAA.
    Section 109 requires a monthly report on official travel to 
China.

                                TITLE II


                         DEPARTMENT OF JUSTICE


                         General Administration


                         SALARIES AND EXPENSES

    The Committee recommends $110,322,000 for Department of 
Justice, General Administration, Salaries and Expenses, which 
is $500,000 below fiscal year 2012 and $17,345,000 below the 
request.
    Liaison partnerships.--The Council on American-Islamic 
Relations (CAIR) was listed as an unindicted co-conspirator in 
a case in which the Holy Land Foundation was found guilty of 
material support of a terrorist organization. The Committee 
acknowledges the Attorney General's refusal to attend certain 
meetings knowing that CAIR officials would be present, as 
indicated in testimony before the Committee on February 28, 
2012. The Committee understands that the Federal Bureau of 
Investigation (FBI) has an existing policy prohibiting its 
employees from engaging in any formal non-investigative 
cooperation with CAIR. The Committee encourages the Attorney 
General to adopt a similar policy for all Department officials.
    Prescription drug abuse.--The number of Americans abusing 
controlled substance pharmaceuticals far exceeds the number 
abusing cocaine, heroin and hallucinogens combined. According 
to the Centers for Disease Control and Prevention (CDC), opioid 
pain reliever overdose deaths rose nearly 300 percent between 
1999 and 2008. The Committee urges the Attorney General to 
convene a national summit on the prescription drug abuse 
problem as a means of sharing best practices for reducing 
prescription drug diversion and abuse, including the 
establishment of prescription drug monitoring programs, proper 
drug disposal, and increased enforcement on pill mills and 
doctor shopping.
    Prison Rape Elimination Act (PREA).--On June 23, 2009, the 
bipartisan National Prison Rape Elimination Commission 
presented its recommended standards to the Attorney General. 
PREA requires the Attorney General to promulgate binding 
standards within one year of receiving the Commission's 
recommendations. Nearly two years have elapsed since that 
deadline. In the meantime, about 434,000 more inmates in the 
United States have become victims of sexual abuse while behind 
bars, according to the Department's own statistics. The 
Committee once again directs the Department of Justice to 
publish, as soon as possible, this final rule, and to continue 
efforts to provide assistance in the form of training, 
technical assistance, and implementation grants to assist 
State, local, and tribal jurisdictions in achieving compliance 
with the PREA national standards.
    Obscenity enforcement.--The Committee remains concerned 
that the Department's incorporation of the responsibilities of 
the Obscenity Prosecution Task Force into the Child 
Exploitation and Obscenity Section of the Criminal Division may 
weaken adult obscenity enforcement. The Task Force was designed 
to draw upon the expertise of several other Criminal Division 
sections, such as the Organized Crime and Racketeering Section 
(now known as the Organized Crime and Gang Section), the Asset 
Forfeiture and Money Laundering Section, and the Computer Crime 
and Intellectual Property Section. The Committee supports the 
work of the Department in investigating and prosecuting major 
producers and distributors of hardcore adult pornography that 
meets the test for obscenity, as defined by the Supreme Court, 
and expects that the responsibilities that had been assigned to 
the Task Force have not and will not be diminished by this 
reorganization. The Committee believes that targeted 
enforcement of adult obscenity is necessary to protect the 
welfare of families and children as traffickers in illegal 
adult obscenity extend their influence through advances in 
technology. The Committee directs the Department to submit a 
report no later than 90 days after the enactment of this Act on 
its adult obscenity investigation and prosecution workload 
statistics and accomplishments during the twelve months prior 
to the enactment of this Act.
    Product procurements.--The recommendation continues 
language from the Commerce, Justice, Science, and Related 
Agencies Appropriations Act, 2012, directing that, to the 
extent practicable, promotional items purchased with funds 
provided by this Act shall be produced in the United States. 
Additional language in the Act provided Federal Prison 
Industries (FPI) with the authority to manufacture products 
that are no longer made in the United States. Therefore, the 
Committee directs the Attorney General to survey annually the 
Department and other Federal agencies to determine which 
promotional products purchased by such agencies are 
manufactured outside the United States, and might otherwise be 
procured through FPI. The Committee expects that FPI will 
maintain this information in a database in order to help inform 
its board of directors of new opportunities to repatriate 
manufacturing, and that any manufacturing activities initiated 
as a result are intended to create new American jobs, not 
compete with existing United States businesses.
    Human trafficking.--The recommendation includes resources 
and guidance throughout this title to combat trafficking in 
persons. The Committee expects the Attorney General to make the 
investigation and prosecution of such crimes a top priority. 
Trafficking frequently targets the most vulnerable in society 
and in many instances is the equivalent of modern-day slavery. 
The Attorney General shall submit a comprehensive report on all 
Department anti-trafficking activities no later than 60 days 
after the date of enactment of this Act, including any 
recommendations for additional legislation that may be 
necessary or helpful to these efforts.
    In addition, the Committee directs the Attorney General to 
provide a report to the Committee detailing any actions the 
Department has taken to investigate allegations of trafficking 
or abuse of nonimmigrants holding an A-3 or a G-5 visa (as such 
terms are defined in section 203(f) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008) and 
actions the Department has taken under section 3271 of title 
18, United States Code, to enforce the United States' policy of 
zero-tolerance for sex and labor trafficking by contractors and 
subcontractors working for the United States.
    Drug-related violence.--The Committee is aware that efforts 
by Federal law enforcement to reduce drug trafficking and 
associated violence in the Southwest border region have 
affected trafficking routes and crime rates in the Caribbean. 
The Committee expects the Attorney General to address these 
trends by allocating necessary resources to areas substantially 
affected by drug-related violence, and reporting such actions 
to the Committee.
    Gang violence.--Gangs remain a significant threat to public 
safety in the United States. Gangs often operate across 
multiple jurisdictions, and in these cases, Federal assistance 
is often necessary to facilitate the efforts of State and local 
law enforcement agencies. The Committee appreciates that the 
Department has an extensive plan to combat gangs and recognizes 
the critical importance of State and local law enforcement and 
community groups working in a coordinated fashion against gang 
violence. Because of this, the Committee does not adopt the 
Department's proposal to eliminate funding for the National 
Gang Intelligence Center (NGIC) under the FBI. The NGIC 
collects, analyzes, produces, and disseminates gang 
intelligence and intelligence products to support Federal, 
State, local, and tribal law enforcement as well as 
correctional agencies throughout the U.S. The Committee 
appreciates the Department's continued attention to the threat 
of organized gang violence, and directs the Department to 
continue to produce the National Gang Threat Assessment, which 
shall include a description of efforts to date and future plans 
to cooperate with state and local law enforcement in a 
concerted effort to combat the unlawful activities of 
multijurisdictional gangs.
    Oil and Gas Price Fraud Working Groups.--The Committee 
directs the Department of Justice to report to the Committees 
on Appropriations the status of the Oil and Gas Price Fraud 
Working Group's activities no later than 60 days after the 
enactment of this Act.

                 JUSTICE INFORMATION SHARING TECHNOLOGY

    The Committee recommends $33,426,000 for Justice 
Information Sharing Technology, which is $10,881,000 below 
fiscal year 2012 and the same as the request.

                   ADMINISTRATIVE REVIEW AND APPEALS

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $313,438,000 for the Executive 
Office for Immigration Review (EOIR) and the Office of the 
Pardon Attorney, of which $4,000,000 is from immigration 
examination fees. The recommendation is $8,438,000 above fiscal 
year 2012 and the same as the request. The recommendation fully 
funds the request in order to allow EOIR to fill vacant 
positions, augment its highly successful Legal Orientation 
Program (LOP), and keep pace with its increase in workload. The 
Committee recommends that the Department consider lifting the 
EOIR hiring freeze in light of the current case backlog and the 
fact that the Committee has fully funded the request.
    Legal Orientation Program.--The recommendation includes a 
total program increase of $1,963,000 for the LOP. The LOP 
increases detained aliens' awareness of their rights with 
regard to EOIR immigration proceedings, allowing them to make 
more informed decisions earlier in the adjudication process and 
increasing efficiencies for both EOIR courts and Department of 
Homeland Security detention programs. A 2008 Vera Institute of 
Justice study found that LOP participants conclude their 
immigration court cases an average of 13 days sooner than alien 
detainees who do not receive LOP assistance. There are 
currently 26 LOP sites, 24 of which are in detention settings. 
The recommendation supports the addition of six sites, in 
response to increasing demand.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $84,199,000 for the Office of 
Inspector General, which is the same as fiscal year 2012 and 
$1,786,000 below the request.
    The Committee notes that the Department convened a task 
force in January 1996 to act on the findings of an Inspector 
General (IG) report on FBI laboratory practices, and that this 
task force concluded its work in 2004. The task force 
identified impacted cases, undertook independent reviews in 
certain cases and notified the relevant prosecutors so that 
they could determine what information needed to be disclosed to 
defense counsel. The Committee encourages the IG to undertake a 
follow-up review of these activities and to recommend any 
further actions, as appropriate, to uphold defendants' rights 
to fair trials.

                    United States Parole Commission


                         SALARIES AND EXPENSES

    The Committee recommends $12,772,000 for the United States 
Parole Commission, which is $61,000 below fiscal year 2012 and 
the same as the request.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

    The Committee recommends $863,367,000 for General Legal 
Activities, which is the same as fiscal year 2012 and 
$40,236,000 below the request. This appropriation supports the 
establishment of litigation policy, the conduct of litigation, 
and other legal responsibilities of the Department of Justice 
through the Office of the Solicitor General, the Tax Division, 
the Criminal Division, the Civil Division, the Environment and 
Natural Resources Division, the Civil Rights Division, the 
Office of Legal Counsel, INTERPOL Washington and the Office of 
Dispute Resolution. The Committee expects the Criminal Division 
to prioritize, within available resources, prosecution of cases 
in connection with the Project Safe Childhood program. The 
Committee further expects INTERPOL Washington to prioritize, 
within available resources, efforts to arrest fugitive sex 
offenders, track convicted sex offenders that travel to foreign 
countries, combat child sex tourism and locate missing and 
exploited children.
    INTERPOL.--An INTERPOL red notice is the closest instrument 
to an international arrest warrant in use today. The Committee 
is concerned by news reports that have suggested that some 
foreign governments have fabricated criminal charges against 
opposition activists who have been given refuge in other 
countries, and then sought their arrest by obtaining red 
notices from INTERPOL. The Committee expects the Department and 
INTERPOL Washington to ensure that safeguards are in place to 
prevent the alleged abuse of the red notice protocols by 
foreign countries to target political or religious dissidents.
    In addition, the Committee notes that Egypt recently 
requested INTERPOL red notices seeking the arrest of American 
and other nongovernmental workers it accused of illegally 
operating democracy programs and stirring unrest. The Committee 
expects the Department to ensure that no such politically-
motivated red notices are issued by INTERPOL.
    Human trafficking.--The Committee recommendation includes 
not less than the fiscal year 2012 funding level for the Human 
Trafficking and Slavery Prosecution Unit (HTSPU) in the Civil 
Rights Division to fight human trafficking and slavery. The 
Committee encourages the HTSPU and the Anti-Trafficking 
Coordination Teams to continue working with victim service 
providers and non-governmental organizations to ensure victim 
needs are prioritized as part of the overall strategy to combat 
human trafficking and slavery in the United States.
    Intellectual property.--U.S. industries lose billions of 
dollars each year due to counterfeiting and global trade of 
illegitimate goods. Within the funding provided, the Committee 
expects the Criminal Division to make combating international 
piracy of intellectual property a priority, including by 
allocating appropriate resources both domestically and overseas 
to support anti-piracy efforts.

                 VACCINE INJURY COMPENSATION TRUST FUND

    The recommendation includes $7,833,000 as a reimbursement 
from the Vaccine Injury Compensation Trust Fund for costs of 
litigating cases under the National Childhood Vaccine Injury 
Act of 1986 (Public Law 99-660).

               SALARIES AND EXPENSES, ANTITRUST DIVISION

    The Committee recommends $159,587,000 for salaries and 
expenses of the Antitrust Division, which is the same as fiscal 
year 2012 and $5,166,000 below the request. The recommended 
funding level is offset by $115,000,000 in fee collections for 
a net direct appropriation of $44,587,000.

             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

    The Committee recommends $1,965,000,000 for the Executive 
Office for United States Attorneys and the 94 United States 
Attorneys' offices, which is $5,000,000 above fiscal year 2012 
and $9,378,000 below the request.
    Adam Walsh Act.--The recommendation includes not less than 
the fiscal year 2012 level for the investigation and 
prosecution of cases involving the sexual exploitation of 
children, as authorized by the Adam Walsh Child Protection and 
Safety Act of 2006 (Public Law 109-248).
    Human trafficking.--In fiscal year 2012, Congress directed 
each U.S. Attorney to establish or participate in a regional 
human trafficking task force. The accompanying statement of the 
managers also directed, ``Task force meetings should focus 
specifically on combatting human trafficking, with an emphasis 
on undertaking proactive investigations. Such investigations 
shall include, for example, the investigation of persons or 
entities facilitating trafficking in persons through the use of 
classified advertising on the Internet.'' The Committee 
currently awaits a response to questions from its February 28, 
2012, hearing at which the Attorney General appeared as a 
witness, regarding the status of these task forces and whether 
a directive from the Attorney General had been sent to the 
field on this matter. The Committee expects U.S. Attorneys to 
maintain their task force participation and leadership roles in 
fiscal year 2013 and to undertake proactive investigations, 
including investigations of persons or entities facilitating 
trafficking in persons through the use of classified 
advertising on the Internet. The Committee directs the 
Department to submit an annual report regarding the work of 
these task forces. This report shall also identify any U.S. 
Attorney's office that is not in compliance with this 
directive.
    In addition, the Committee directs the Department to 
continue to undertake outreach efforts in the form of public 
notices with regard to the prevalence of human trafficking 
activities and to report to the Committee regarding such 
outreach efforts.
    Pill mills.--The dispensing of addictive prescription pain 
medication under the guise of a doctor's care at so-called 
``pill mill'' pain clinics has become an escalating law 
enforcement and public health challenge, and the CDC has 
classified the abuse of prescription drugs as a national 
epidemic. The Committee notes that the Department has 
undertaken impressive efforts to reduce these rogue pill mills 
in Florida. While the number of Florida doctors in the 
nationwide list of the top 100 oxycodone-purchasing physicians 
dropped from 90 to 13 in 2012, the Drug Enforcement 
Administration's (DEA) Automation of Reports and Consolidated 
Orders System now indicates that many of these pill mills have 
relocated to other States. Because of the widespread nature of 
prescription drug abuse, within the funds provided, the 
Committee expects U.S. Attorneys to prioritize the 
investigation and prosecution of pain clinics serving as fronts 
for the illegal distribution of addictive pain killers.

                   UNITED STATES TRUSTEE SYSTEM FUND

    The Committee recommends $223,258,000 for the United States 
Trustee Program (USTP), which is the same as fiscal year 2012 
and $4,149,000 below the request. The recommended funding is 
fully offset by fee collections.

      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

    The Committee recommends $2,000,000 for the Foreign Claims 
Settlement Commission, which is the same as fiscal year 2012 
and $139,000 below the request.

                     FEES AND EXPENSES OF WITNESSES

    The Committee recommends $270,000,000 for fees and expenses 
of witnesses who appear on behalf of the Government in cases in 
which the United States is a party, which is the same as fiscal 
year 2012 and the request. This appropriation is considered 
mandatory for scorekeeping purposes.

           SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

    The Committee recommends $11,456,000 for the Community 
Relations Service, which is the same as fiscal year 2012 and 
$580,000 below the request.

                         ASSETS FORFEITURE FUND

    The Committee recommends $20,948,000 for the Assets 
Forfeiture Fund, which is the same as fiscal year 2012 and the 
request. The Committee expects the Department, in exceptional 
circumstances, to allow the use of equitable sharing monies for 
the cost of support personnel.

                     United States Marshals Service


                         SALARIES AND EXPENSES

    The Committee recommends $1,188,488,000 for the salaries 
and expenses of the United States Marshals Service (USMS), 
which is $14,488,000 above fiscal year 2012 and $15,000,000 
below the request.

                              CONSTRUCTION

    The Committee recommends $10,000,000 for construction and 
related expenses in space controlled, occupied or utilized by 
the USMS for prisoner holding and related support, which is 
$5,000,000 below fiscal year 2012 and the same as the request.

                       FEDERAL PRISONER DETENTION

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $1,647,383,000 for Federal 
Prisoner Detention (FPD), which is $66,788,000 above the amount 
appropriated in fiscal year 2012 to the Office of the Federal 
Detention Trustee (OFDT) and $20,852,000 below the request.
    Since 2002, the care of Federal detainees in private, State 
and local facilities and the costs associated with these 
efforts have been funded under OFDT. The Committee adopts the 
proposal in the request to eliminate the OFDT and merge its 
activities and resources into the USMS. The resulting merger 
will align the accountability of resources with the 
responsibility of Federal detention operations under a single 
command and control structure within the USMS leadership. The 
Committee expects that the USMS will expand upon OFDT's work to 
achieve efficiencies, cost reductions and cost avoidance in 
detention through process and infrastructure improvements.

                       National Security Division


                         SALARIES AND EXPENSES

    The Committee recommends $90,039,000 for the National 
Security Division (NSD), which is $3,039,000 above fiscal year 
2012 and the same as the request.

                      Interagency Law Enforcement


                 INTERAGENCY CRIME AND DRUG ENFORCEMENT

    The Committee recommends $521,793,000 for Interagency Crime 
and Drug Enforcement, which is $5,719,000 below fiscal year 
2012 and $3,000,000 below the request. Funds are included under 
this heading to support the interagency program of the 
Organized Crime Drug Enforcement Task Forces (OCDETF), which 
focuses participants on the mission of attacking high-level 
drug trafficking organizations through coordinated, multi-
jurisdictional investigations.
    Decision unit subtotals.--The Committee recommendation 
includes $370,602,000 for investigations and $151,191,000 for 
prosecutions. The Committee adopts the requested program 
reduction of $12,799,000, applied primarily to investigations, 
in order to avoid further imbalance to the agent-to-attorney 
ratio in the OCDETF program. The Committee notes that the DEA 
routinely allocates personnel funded from the DEA Salaries and 
Expenses account to OCDETF cases as these are, by definition, 
high priority drug cases. Other investigative agencies also 
devote direct appropriations to OCDETF cases. The Committee 
directs OCDETF to submit a report, no later than 120 days after 
the enactment of this Act, presenting and justifying an optimal 
agent-to-attorney ratio on OCDETF cases, and displaying current 
and historical levels of investigative and prosecutorial FTE 
devoted to OCDETF cases, including FTE funded under this 
account and FTE funded from other appropriations.
    Transnational organized crime.--The recommendation does not 
include a requested program increase of $3,000,000 for 
transnational organized crime investigations, which was 
intended to support the operations of the International 
Organized Crime Intelligence and Operations Center (IOC-2). The 
Committee notes that no funding was provided specifically for 
IOC-2 in fiscal year 2012, and that the Committee has not 
received any reprogramming notifications proposing to fund IOC-
2 in fiscal year 2012. The Committee directs the Department to 
submit a report by October 15, 2012, detailing any amounts 
allocated for IOC-2, and the corresponding staffing levels, in 
each fiscal year since its establishment.

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

    The Committee recommends $8,185,007,000 for the Salaries 
and Expenses account of the Federal Bureau of Investigation 
(FBI), which is $148,016,000 above fiscal year 2012 and 
$33,986,000 above the request. The recommendation includes 
$3,310,258,000 and 12,835 positions for the Counterterrorism


/

/

/

//Counterintelligence decision unit.
    Computer intrusions.--Cyber attacks and crimes are becoming 
more common, more sophisticated, and more dangerous. The threat 
from state-sponsored, terrorist and criminal computer 
intrusions continues to increase. The recommendation includes a 
program increase of $23,132,000 and 112 positions for 
investigative, intelligence and technology improvements to 
prevent and combat malicious cyber intrusions. Just as the FBI 
developed its counterterrorism capabilities after 9/11, the 
Committee supports a similar approach to the cyber threat. The 
FBI must ensure that agents, analysts and other staff have the 
skills and resources to operate proactively in the cyber 
environment. The recommended increase will support an 
additional 35 computer specialists, 14 special agents, 40 
intelligence analysts and 23 professional staff to further 
develop the FBI capabilities in this area. The Committee 
encourages the FBI to develop a national network of cyber task 
forces, based upon the Joint Terrorism Task Force model, to 
leverage the participation of State, local and international 
partners. The Committee directs the FBI to continue to produce 
an annual national cyber threat assessment, in both classified 
and unclassified versions, and submit such reports to the 
Committee no later than 120 days after the enactment of this 
Act. The Committee expects the report to include an 
identification and ranking of the foreign governments and non-
state actors posing the greatest cyber threats to the United 
States.
    Gangs.--According to the 2011 National Gang Threat 
Assessment, the most notable recent gang crime trends have been 
``the overall increase in gang membership, and the expansion of 
criminal street gangs' control of street-level drug sales and 
collaboration with rival gangs and other criminal 
organizations.'' In light of this growing threat, the 
recommendation rejects the Administration's proposal to 
eliminate the National Gang Intelligence Center (NGIC). 
Instead, the recommendation includes $9,000,000 above the 
request for gang programs. This funding is intended to restore 
funding for NGIC and provide additional resources to existing 
Safe Streets Task Forces to combat violent gang crime. The 
Committee expects the Bureau to deploy any additional agents or 
other personnel to the task forces experiencing the most severe 
violent gang crime, and report to the Committee on the 
allocation of these resources.
    Surveillance.--The recommendation includes a program 
increase of $10,244,000 for additional surveillance specialists 
to improve the FBI's ability to provide physical surveillance 
for both national security and criminal investigations. The 
Committee expects the FBI to report, no later than 120 days 
after enactment of this Act, on the planned uses of funds, the 
number of new specialists and teams expected to be added as a 
result of this increase, and a plan for their deployment.
    Financial crime.--The recommendation includes a program 
increase of $6,610,000 to combat corporate, securities, 
commodities and mortgage fraud. The Committee expects that this 
increase will support the creation of at least two hybrid 
squads to assist in the investigation of the highest impact 
complex financial crime cases. The recommended funding also 
includes the requested resources to continue the additional 
positions provided in fiscal year 2009 to enhance the 
investigation of white collar and financial crime.
    Stimulus fraud.--The Committee notes that another major 
activity under the FBI's white collar crime program is the 
investigation of fraud related to the $787,000,000,000 provided 
in the American Recovery and Reinvestment Act (Public Law 111-
5). The Committee understands that the FBI has 147 pending 
stimulus fraud cases, almost double the 2011 caseload. The 
fraud threats in this regard include bribery by public 
officials and contractors, and fraud tied to rapid 
implementation of programs and minimal oversight such as 
falsification of documents and manipulation of contracts for 
personal benefit. The pressure for expedited obligation of 
funds for stimulus projects makes them particularly vulnerable 
to corruption and fraud. The Committee directs the FBI to 
submit a report, no later than 120 days after enactment of this 
Act, detailing stimulus fraud trends and the FBI's work on such 
cases from 2009 to the present.
    Electronic surveillance capabilities.--The FBI received 
additional resources in fiscal year 2012 to enhance law 
enforcement's ability to access, intercept, collect and process 
wire or electronic communications to which they are lawfully 
authorized, including funds to establish and operate a Domestic 
Communications Assistance Center, which will serve as a hub for 
the management of knowledge and technical expertise regarding 
lawful electronic surveillance and facilitate the sharing of 
solutions among Federal, State and local law enforcement. The 
Committee directs the FBI to submit a report, no later than 90 
days after enactment of this Act, detailing the fiscal year 
2013 budget requirements of the Center, the participation by 
other agencies, and the accomplishments of the Center to date.
    Human trafficking.--The Committee understands that the FBI 
increased funding dedicated to the investigation of severe 
forms of trafficking in persons by 17 percent in fiscal year 
2012. Within the amount recommended for fiscal year 2013, the 
Committee expects the Bureau to further increase such 
activities. The FBI shall submit a report to the Committee no 
later than 120 days after the enactment of this Act on agent 
utilization and overall staff resources dedicated to 
trafficking in fiscal years 2010 through 2013. The report shall 
also include details on the participation of FBI personnel in 
human trafficking task forces. In addition, the Committee 
expects the Bureau to share trafficking case information on an 
ongoing basis with other law enforcement agencies and task 
forces working similar cases.
    There is an acute need for better data collection in order 
to effectively combat severe forms of trafficking in persons in 
the United States. The Committee notes that the William 
Wilberforce Trafficking Victims Protection Act of 2008 (Public 
Law 110-457) created the new category of ``Human Trafficking'' 
among the serious crimes included in the FBI's Uniform Crime 
Report (UCR). The Committee directs the FBI to take the 
necessary steps to enable participating law enforcement 
agencies to report crimes meeting the definition of human 
trafficking under the UCR as soon as possible, but no later 
than January 1, 2013. The Committee believes that the inclusion 
of this data in the UCR will improve law enforcement response 
to these offenses.
    Domestic radicalization.--A significant element of the 
overall terrorist threat to the United States is domestic 
radicalization. Individuals in the United States can become 
radicalized and motivated to conduct terror attacks in the 
United States. Others can become radicalized in the United 
States and attempt to travel abroad to participate in terrorist 
or insurgent activities. Finally, individuals in the United 
States can become radicalized and use the Internet to further 
their radicalization and contribute to the radicalization of 
others. The Committee directs the FBI to submit a report in 
classified and unclassified form, no later than 120 days after 
enactment of this Act, on its efforts to counter the domestic 
radicalization threat. The report should include a specific 
focus on combating radicalization efforts that involve the use 
of the Internet. The Committee also understands that the FBI 
intends to establish a Countering Violent Extremism Office 
within the National Security Branch. The Committee reminds the 
FBI that section 505 requires notification regarding any 
reprogramming of funds that reorganizes or renames offices, 
programs or activities. The Committee expects to receive such a 
notification explaining and justifying the proposed 
organizational change.
    Human rights violations.--The Committee expects the FBI to 
continue the current level of effort to investigate and support 
DOJ's criminal prosecution of serious human rights crimes 
committed by foreign nationals who are in the United States. 
The Committee directs the FBI to submit an annual report on 
such investigations and prosecutions, with the first annual 
report to be received by the Committee no later than 120 days 
after enactment of this Act.
    Counterterrorism training materials.--Materials developed 
or approved by the FBI to train agents and other FBI personnel 
on counterterrorism matters should exhibit the highest 
standards of accuracy and completeness. While all such 
materials should undergo rigorous review before being approved 
for use, the Committee expects that such review will be 
conducted by qualified and objective subject matter experts. 
Further, the FBI shall keep the Committee aware of any such 
review process and ensure that reviews do not prevent 
legitimate information from being presented.
    Centralizing FBI records.--FBI files are dispersed in more 
than 265 locations worldwide, and are in locations that leave 
them vulnerable to environmental damage and often lack adequate 
security. Recently over 8,700 linear feet of files were damaged 
as a result of flooding, requiring costly and time-consuming 
remediation. The Committee is aware of the FBI's long-standing 
plans to establish a permanent facility for storage of FBI 
records. The Committee directs the FBI to continue supporting 
its nationwide file inventory efforts, and to submit a plan for 
the establishment of a permanent facility with the fiscal year 
2014 budget request. Such plan should include the use of 
existing balances of prior year appropriations.
    Liaison partnerships.--The Committee supports the FBI's 
policy prohibiting any formal non-investigative cooperation 
with the Council on American-Islamic Relations (CAIR), and 
continues to expect the FBI to report to the Committee 
regarding any violations of this policy. The Committee also 
encourages the FBI to adopt similar policies, where 
appropriate, with regard to other individuals and organizations 
identified as unindicted co-conspirators in terrorism-related 
cases.
    Intelligence analysis.--The work performed by FBI 
intelligence analysts is essential to the FBI's ability to 
analyze threats to national security and identify potential 
courses of action. The recommendation includes full funding to 
support the requested base cadre of 3,025 intelligence analysts 
plus an additional 40 analyst positions funded by the program 
increase for computer intrusions in this Act. The 
recommendation also includes requested funding for intelligence 
training, including training for three distinct intelligence 
analyst career paths.
    Terrorist Screening Center.--The recommendation includes 
$87,901,000 and 130 positions for the Terrorist Screening 
Center. The Committee notes that the FBI's Terrorist Screening 
Center integrates information from the law enforcement and 
intelligence communities to support the ability of front-line 
screening agencies to identify known or suspected terrorists. 
The Committee directs the FBI to submit a report, not later 
than January 15, 2013, on current systems in place to similarly 
identify known and suspected war criminals and international 
organized crime figures. The report shall include 
recommendations for ways to facilitate integration and 
dissemination of information to better identify and apprehend 
such individuals.
    Foreign Terrorist Tracking Task Force (FTTTF).--The 
recommendation includes $61,549,000 and 82 positions for the 
FTTTF to provide information to keep foreign terrorists out of 
the United States or to lead to the removal, detention or 
prosecution of foreign terrorists.
    Counterintelligence.--According to the 2011 Report to 
Congress of the U.S.-China Economic and Security Review 
Commission, the Chinese government makes extensive use of front 
organizations that purport to have educational, cultural or 
professional purposes, but are frequently controlled by 
military, intelligence or Communist Party entities. The 
Committee directs the FBI to report to the Committee, no later 
than 120 days after enactment of this Act, on any such 
organizations engaged in exchange programs involving officials 
of the U.S. government and on efforts within the U.S. 
government to ensure that the U.S. officials taking part in 
such programs are made aware of the Chinese institutional 
actors involved with these exchange programs.
    Economic warfare.--The Committee is concerned that the 
Federal government may be unprepared to deal with the potential 
threat of economic warfare, which could occur when a foreign 
country or actor uses its sovereign wealth funds or other 
state-directed financial tools to try to undermine U.S. markets 
and inflict damage on the economy. The Committee directs the 
Bureau to study this potential threat and how it may be 
mitigated, and to report to the Committee no later than 120 
days after enactment of this Act. The Committee also urges the 
FBI to involve other agencies in this effort, including, but 
not limited to, the Department of the Treasury and the 
Securities and Exchange Commission.
    Intellectual property rights (IPR) enforcement.--The 
Committee expects the FBI to continue to prioritize the 
investigation of IPR cases, and to coordinate with IPR units at 
the U.S. Attorneys and the Criminal Division. The Committee 
notes and commends the investigative work of the FBI related to 
such violations of Federal law over the last year. The FBI 
shall submit a report, not later than 120 days after enactment 
of this Act, on the activities of its dedicated agents 
investigating IPR cases.
    Next Generation Identification.--The Committee encourages 
continued enhancements of established interoperability and 
real-time data sharing among interagency biometric identity 
management systems in light of the demonstrated value to 
national security and public safety that has come from these 
efforts. The Committee expects the FBI's Criminal Justice 
Information Services Division (CJIS) to continue to develop the 
Next Generation Identification system, including the Rap Back 
capability that will enable recurrent vetting of known 
identities. The Committee encourages the FBI to develop a Rap 
Back fee strategy that will accommodate both the Federal and 
non-Federal users to ensure the most cost effective fee 
administration across CJIS Rap Back services for these users.
    Law enforcement wireless communications.--The 
recommendation under this heading reflects a base transfer of 
$66,900,000 to this account as part of a Department-wide 
proposal to allocate to different DOJ entities the funding for 
radio operations and maintenance and terminate the separate 
Tactical Law Enforcement Wireless Communications account. The 
Committee notes that this transfer did not include any funding 
for modernization activities and that no funds have been 
requested under any DOJ account for radio system modernization. 
The FBI shall submit a spending plan for this funding no later 
than 30 days after the enactment of this Act, and shall notify 
the Committee in advance of any reallocation of operations and 
maintenance funding to modernization efforts.

                              CONSTRUCTION

    The Committee recommends $80,982,000 for the construction 
of FBI facilities and related activities, which is the same as 
fiscal year 2012 and the request.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

    The Committee recommends total budget authority of 
$2,396,504,000 for Drug Enforcement Administration (DEA) 
salaries and expenses, of which $352,600,000 is derived from 
fees deposited in the Diversion Control Fund, and 
$2,043,904,000 is provided by direct appropriation. The 
recommended direct appropriation is $18,904,000 above fiscal 
year 2012 and $7,000,000 below the request.
    The recommendation includes $8,026,000 to continue certain 
activities formerly carried out by the National Drug 
Intelligence Center, specifically document exploitation and the 
production of high priority strategic intelligence reports. The 
recommendation terminates the Center and the separate 
appropriation account for the Center and transfers these 
functions to DEA. The recommendation also includes reductions 
that assume the achievement of operational, administrative and 
information technology efficiencies totaling $23,034,000.
    Diversion control.--The recommendation includes 
$352,600,000 for the regulatory and enforcement activities of 
DEA's Diversion Control Program, an increase of $30,600,000 
above the fiscal year 2012 level and the same as the request. 
The Diversion Control Program is fully funded by fee 
collections. The Committee understands that a new fee rule has 
been posted and collections under the new rule are anticipated 
to increase by about $6,000,000 per month, beginning in mid-
2012. The Committee expects the recommended funding level for 
fiscal year 2013 to support the filling of an additional 87 
vacant positions to provide investigative support for new 
Tactical Diversion Squads initiated in fiscal year 2012, and to 
support increased frequency of scheduled regulatory 
investigations.
    Methamphetamine lab cleanup.--The funding recommendation 
for Community Oriented Policing Services includes $12,500,000 
for transfer to DEA to assist State, local and tribal law 
enforcement agencies with the proper removal and disposal of 
hazardous materials at clandestine methamphetamine labs, 
including funds for training, technical assistance, purchase of 
equipment, and a container program. In fiscal year 2011, there 
were 5,598 methamphetamine lab cleanups administered by DEA, 
and an increase above that number is projected for fiscal year 
2012. The Committee encourages DEA to continue to work with 
States to implement container programs, which result in a 
substantial reduction in the unit cost of lab cleanups. The 
Committee understands that there are currently seven States 
with such programs in operation. The recommended funding level 
is intended to support container pickups from six additional 
State container programs in fiscal year 2013.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

    The Committee recommends $1,153,345,000 for the salaries 
and expenses of the Bureau of Alcohol, Tobacco, Firearms and 
Explosives (ATF), which is $1,345,000 above fiscal year 2012 
and the same as the request.
    The recommendation makes permanent three long-standing 
funding prohibitions under this heading related to the 
definition of ``curios and relics,'' physical inventories, and 
the denial of applications due to a lack of business activity.
    Gangs.--Within the amount provided, the Committee expects 
ATF to prioritize, and preserve current funding levels for, 
Violent Crime Impact Teams, which bring focused law enforcement 
attention to communities plagued by gang violence.

                         Federal Prison System


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $6,820,217,000 for the salaries 
and expenses of the Federal Prison System, which is 
$268,936,000 above fiscal year 2012 and the same as the 
request.
    Reentry research and reforms.--The Committee continues its 
efforts to understand and address the drivers of overcrowding, 
costs and recidivism. The Committee directs the Bureau of 
Prisons (BOP) to undertake a comprehensive analysis of its 
policies and determine the reforms and best practices that will 
help reduce costs and recidivism. The Committee is aware that 
most State corrections systems began their reform process by 
providing outside experts with corrections data in order to 
obtain a comprehensive analysis. The Committee encourages the 
Director to share additional corrections data with outside 
experts in order to build upon prior efforts.
    In addition, the Committee directs the BOP to report to the 
Committee not later than 60 days after the enactment of this 
Act on successful State-level reforms that have the potential 
to be adapted to the Federal prison system in order to reduce 
recidivism and the costs of incarceration. Such report shall 
distinguish between reforms that could be implemented under 
existing Department authority and reforms that would require 
statutory changes in order to be implemented.
    Sentence reduction opportunities.--In its fiscal year 2012 
budget request, the Department submitted two proposals to amend 
the statutory law on Federal inmate good conduct time to 
provide inmates additional incentives to encourage positive 
behavior and save $41,000,000 during the fiscal year. The two 
proposals were not enacted. For fiscal year 2013, the 
Department again included the proposals in its request and 
built a $41,000,000 offset into its request. The Committee 
expects that the BOP will not base its future budget requests 
on the assumption of significant savings from unrealistic 
legislative proposals. The Committee expects the BOP to find 
alternative ways to accomplish savings and operate within the 
budget request.
    Growth in inmate population.--The recommendation supports 
the anticipated growth in the inmate population by completing 
the activation of two prisons and starting the activation of an 
additional two newly constructed prisons.
    Contract confinement.--The recommendation supports the 
requested program increase of $25,865,000 for 1,000 low 
security contract confinement beds. The Committee expects the 
BOP to meet bed space needs using State, local and private 
prison capacity, if these facilities meet the BOP's standards, 
as a means to control overcrowding.
    Inmate data.--The Committee encourages the National 
Institute of Corrections to recommend best practices for State 
corrections agencies to develop, maintain, and update inmate 
home address data.

                        BUILDINGS AND FACILITIES

    The Committee recommends $90,000,000 for the construction, 
acquisition, modernization, maintenance, and repair of prison 
and detention facilities housing Federal inmates, which is the 
same as fiscal year 2012 and $9,189,000 below the request.
    Construction.--Although the BOP anticipates activating up 
to seven new prisons by fiscal year 2018, it will be unable to 
maintain that schedule without significant new construction 
appropriation requests in fiscal years 2014 and beyond. The 
Committee has already provided initial appropriations for the 
construction of four new prisons, which the Department proposed 
to rescind. Due to inmate population and overcrowding growth 
estimates, the Committee encourages the BOP to include funding 
for construction in future requests. In addition, the Committee 
directs the BOP to continue to provide a monthly status of 
construction report, and to notify the Committee of any 
deviation from the construction and activation schedule 
identified in those reports.

   LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, 
                              INCORPORATED

    The Committee recommends a limitation on administrative 
expenses of $2,700,000 for Federal Prison Industries, 
Incorporated, which is the same as fiscal year 2012 and the 
request.
    Federal Prison Industries.--The Committee directs FPI to 
maintain a database of foreign products being procured by 
Federal agencies and to provide a quarterly report to the 
Committee on FPI's capacity to provide these services as an 
alternative to foreign manufacturers.

               State and Local Law Enforcement Activities

    In total, the Committee recommends $1,849,800,000 for State 
and local law enforcement and crime prevention grant programs, 
which is $377,500,000 below fiscal year 2012 and $51,413,000 
above the request.
    Spending plan.--The Committee directs the Department to 
submit a spending plan for the programs funded under this 
heading to the Committees on Appropriations of the House of 
Representatives and the Senate not later than 45 days after the 
enactment of this Act.
    Management and administration expenses.--The Committee 
directs the Department, in preparation of its fiscal year 2013 
spending plan, to assess management and administration expenses 
against program funding. The spending plan shall include a 
description of the proposed assessment methodology. The 
Committee directs the Department to ensure that this 
methodology is equitable and reflects a fair representation of 
the share of each program devoted to common management and 
administration costs. The Committee notes that an across-the-
board percentage assessment may not be the most equitable 
solution. The Committee is aware that, in general, the 
Department's grant offices for State and Local Law Enforcement 
Activities have authority to allocate certain expenses 
administratively to various categories that are ancillary to 
the core purposes of the appropriation (e.g., peer review for a 
competitive program, training and technical assistance, and 
research and statistical activities). The Committee requests 
that the Department's spending plan identify such planned 
ancillary expenses by category or object code. The Committee 
encourages grant offices to minimize administrative spending in 
order to maximize funding for grants or training and technical 
assistance.
    Areas experiencing increases in both population and 
crime.-- The Committee is aware that portions of the country 
are experiencing a dramatic increase in population due to 
unique geographic and economic factors. Along with the increase 
in population, some of these communities are also experiencing 
a significant increase in crime that is exhausting already-
limited law enforcement resources. The Committee directs the 
Office of Justice Programs to provide the Committee with a 
report on any efforts currently underway to address the unique 
challenges that face law enforcement in these communities and 
the effectiveness of the current State and Local Law 
Enforcement Assistance grants in addressing areas that have 
experienced this significant increase in population and crime.

                    Office on Violence Against Women


       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

    The Committee recommends $415,000,000 for the Office on 
Violence Against Women (OVW), which is $2,500,000 above fiscal 
year 2012 and $147,000,000 above the request. The 
recommendation instead provides direct appropriations for 
violence against women programs, rather than providing partial 
funding from Crime Victims Fund balances as proposed in the 
request. The recommendation includes funding above the request 
for transitional housing assistance and research and evaluation 
on violence against women programs. Funds are distributed as 
follows:

       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
                        (in thousands of dollars)
------------------------------------------------------------------------
                         Program                               Amount
------------------------------------------------------------------------
STOP Grants..............................................     $189,000
Transitional Housing Assistance..........................       25,000
Research and Evaluation on Violence against Women........        3,500
Consolidated Youth-oriented Program......................       10,000
Grants to Encourage Arrest Policies......................       50,000
Sexual Assault Victims Services..........................       23,000
Rural Domestic Violence and Child Abuse Enforcement......       36,500
Violence on College Campuses.............................        9,000
Civil Legal Assistance...................................       41,000
Elder Abuse Grant Program................................        4,250
Safe Havens Program......................................       11,500
Education and Training for Disabled Female Victims.......        5,750
Court Training and Improvements Program..................        4,500
National Resource Center on Workplace Responses..........          500
Research on Violence against Indian Women................        1,000
Indian Country--Sexual Assault Clearinghouse.............          500
                                                          ==============
  TOTAL, Violence Against Women Prevention and                $415,000
   Prosecution Programs..................................
------------------------------------------------------------------------

    STOP grants.--The recommendation includes $189,000,000 for 
STOP grants. The STOP Grant Program is one of the most far-
reaching programs authorized under the Violence Against Women 
Act. STOP grants are used to assist thousands of victims in 
finding safety and receiving recovery services, and to assist 
law enforcement and prosecutors in holding perpetrators 
accountable for their actions. Under the STOP Grant Program, 
OVW awards funds to every State and territory through a 
formula-based system, and many recipients use STOP funding to 
establish special units in law enforcement agencies and 
prosecutors' offices to address violence against women.
    Transitional housing assistance.--The recommendation 
includes $25,000,000 for transitional housing assistance 
grants, which is $3,000,000 above the request. The Committee 
understands that domestic violence victims and their families 
have a critical need for safe and affordable housing as they 
seek to rebuild their lives after escaping a dangerous 
environment. Under this program, grantees may offer 
individualized services such as counseling, support groups, 
safety planning, and advocacy services as well as practical 
services including licensed child care, employment services, 
transportation vouchers, and referrals to other agencies.
    Research on violence against women.--``Honor violence'' is 
a form of violence against women committed with the motive of 
protecting or regaining the honor of the perpetrator, family or 
community. There is currently a lack of statistical information 
on the occurrence of honor violence in the United States. 
Within the funds provided, the Committee expects OVW and the 
National Institute of Justice (NIJ) to study this matter and 
recommend ways to determine the prevalence of honor violence 
and recommend best practices for law enforcement and service 
providers for prevention and response.

                       Office of Justice Programs


                  RESEARCH, EVALUATION AND STATISTICS

    The Committee recommends $112,000,000 for Research, 
Evaluation and Statistics, which is $1,000,000 below fiscal 
year 2012 and $24,000,000 below the request. Funds are 
distributed as follows:

                   RESEARCH, EVALUATION AND STATISTICS
                        (in thousands of dollars)
------------------------------------------------------------------------
                         Program                               Amount
------------------------------------------------------------------------
Bureau of Justice Statistics.............................      $45,000
National Institute of Justice............................       40,000
Regional information sharing activities..................       27,000
                                                          ==============
  TOTAL, Research, Evaluation and Statistics.............     $112,000
------------------------------------------------------------------------

    Domestic radicalization.--According to the Congressional 
Research Service, there have been 53 homegrown jihadist 
terrorist plots and attacks since 9/11, including 32 plots or 
attacks since May 2009. The Committee appreciates the efforts 
of the NIJ in examining the drivers of domestic radicalization 
and defining the role of State and local law enforcement in 
breaking the radicalization and recruitment cycle that sustains 
terrorism. The Committee is concerned that violent 
radicalization--the process of adopting or promoting an 
extremist belief system for the purpose of facilitating 
ideologically based violence to advance political, religious, 
or social change--is a significant and elusive aspect of the 
terrorism threat to the U.S. Therefore, in addition to the 
resources provided under this heading to NIJ, $4,000,000 is 
provided under the State and Local Enforcement Assistance 
account for such research.
    National Law Enforcement and Corrections Technology 
Centers.--The Committee continues to support the National Law 
Enforcement and Corrections Technology Centers, a network of 
facilities and capabilities that converts technology to law 
enforcement use. The Centers provide actual casework assistance 
when highly-specialized technologies are required, and help 
identify and locate high quality technologies and equipment for 
law enforcement use. The recommendation continues the current 
year level of funding for the Centers.
    Regional information sharing activities.--The Committee 
recommendation includes $27,000,000 for regional information 
sharing activities, which is the same as fiscal year 2012 and 
the request, to support activities that enable the sharing of 
nationwide criminal intelligence and other resources with 
State, local, and other law enforcement agencies and 
organizations. Such activities should address critical and 
chronic criminal threats, including gangs, terrorism, 
narcotics, weapons and officer safety or ``event 
deconfliction,'' and should reflect regional as well as 
national threat priorities. In addition, funds shall be 
available to support local-to-local law enforcement data and 
information sharing efforts focused on solving routine crimes, 
especially in rural areas, by sharing law enforcement 
information not categorized as criminal intelligence. All 
activities shall be consistent with national information-
sharing standards and requirements as determined by the Bureau 
of Justice Assistance.
    Blue Alerts.--Blue Alerts provide the means to speed the 
apprehension of violent criminals who kill or seriously injure 
local, State, or Federal law enforcement officers. Fifteen 
states have adopted Blue Alert notification systems. The 
Committee encourages the Department to examine the utility and 
feasibility of establishing a national Blue Alert 
communications network to issue Blue Alerts in coordination 
with States, units of local government, local law enforcement 
agencies, and other appropriate entities.
    Spending plans.--The Committee directs the Department to 
submit as part of its spending plan for State and Local Law 
Enforcement Activities a plan for the use of all funding 
administered by NIJ and the Bureau of Justice Statistics, 
respectively.

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

    The Committee recommends $962,500,000 for State and Local 
Law Enforcement Assistance programs, which is $200,000,000 
below fiscal year 2012 and $181,000,000 above the request. The 
recommendation provides direct appropriations for programs 
under this heading rather than providing partial funding from 
Crime Victims Fund balances as proposed in the request. Funds 
are distributed as follows:

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
                        (in thousands of dollars)
------------------------------------------------------------------------
                         Program                               Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants.................     $370,000
  Domestic Radicalization Research.......................       (4,000)
  VALOR Initiative.......................................       (5,000)
State Criminal Alien Assistance Program..................      165,000
Byrne Competitive Grants.................................       20,000
Missing Alzheimer's Patients Grants......................        1,000
Victims of Trafficking Grants............................       13,500
Drug Courts..............................................       41,000
Veterans' Treatment Courts...............................        4,000
Prescription Drug Monitoring.............................        7,000
Prison Rape Prevention and Prosecution...................       12,500
Residential Substance Abuse Treatment....................       15,000
Capital Litigation and Wrongful Conviction Review........        1,000
Mentally Ill Offender Act................................        9,000
Tribal Assistance........................................       38,000
Economic, High-tech and Cybercrime Prevention............        7,000
CASA--Special Advocates..................................        4,500
Bulletproof Vests........................................       20,000
National Instant Criminal Background Check System........       12,000
Criminal Records Upgrade.................................        6,000
Second Chance Act/Offender Reentry.......................       70,000
  Smart Probation........................................       (6,000)
Adam Walsh Act Implementation............................       20,000
National Sex Offender Public Website.....................        1,000
DNA Initiative...........................................      125,000
  Debbie Smith DNA Backlog Grants........................     (117,000)
  Post-Conviction DNA Testing Grants.....................       (4,000)
  Sexual Assault Forensic Exam Program Grants............       (4,000)
                                                          ==============
  TOTAL, State and Local Law Enforcement Assistance......     $962,500
------------------------------------------------------------------------

    Edward Byrne Memorial Justice Assistance Grant (Byrne/JAG) 
program.--The recommendation includes $370,000,000 for the 
Byrne/JAG program. Funding under this formula program is 
authorized for law enforcement programs; prosecution and court 
programs; prevention and education programs; corrections 
programs; drug treatment and enforcement programs; planning, 
evaluation, and technology improvement programs; and crime 
victim and witness programs, other than compensation. Within 
the amount provided, $4,000,000 is for research on domestic 
radicalization and $5,000,000 is for the Preventing Violence 
Against Law Enforcement and Ensuring Officer Resilience and 
Survivability (VALOR) initiative. Adjusting for one-time costs 
related to the 2012 presidential nominating conventions, the 
recommendation for Byrne/JAG is the same as the fiscal year 
2012 level. The Committee understands that pretrial services 
programs are an eligible purpose area under the Byrne/JAG 
program. The Committee urges the Department of Justice to 
require all pretrial release programs receiving Byrne/JAG funds 
to report annually on program performance.
    State Criminal Alien Assistance Program (SCAAP).--SCAAP 
provides grants that reimburse States and localities for the 
costs incurred in incarcerating undocumented criminal aliens. 
The recommendation includes $165,000,000 for SCAAP, an increase 
of $95,000,000 above the request.
    Byrne competitive grants.--The recommendation includes 
$20,000,000, an increase of $5,000,000 above the fiscal year 
2012 level, for competitive grants to improve the functioning 
of the criminal justice system, prevent or combat juvenile 
delinquency, and assist victims of crime.
    Human trafficking.--The recommendation includes $13,500,000 
for human trafficking task force activities and for services 
for victims, an increase of $3,000,000 above fiscal year 2012 
and the request. According to NIJ, the Department of Justice 
has funded 53 jurisdictions and 43 trafficking victim services 
providers focusing on collaborative efforts to identify, rescue 
and assist victims of trafficking.
    Drug courts.--The recommendation includes $41,000,000 for 
drug courts, which is $6,000,000 above the fiscal year 2012 
level. Drug courts help reduce recidivism and substance abuse 
among non-violent offenders and increase an offender's 
likelihood of successful rehabilitation through intense, 
judicially-supervised treatment, mandatory periodic drug 
testing, community supervision, and appropriate sanctions. The 
Committee expects these funds to be used to provide grants and 
technical assistance to State, local, and tribal governments to 
support the development, expansion, and enhancement of drug 
courts, based upon their efficacy as a systematic response to 
substance abuse and crime.
    Mentally ill offenders.--The recommendation includes 
$9,000,000 for mentally ill offender programs. Many people with 
serious mental illnesses become caught-up in the criminal 
justice system, often with tragic results. Grants provided 
under the Mentally Ill Offender Treatment and Crime Reduction 
Act (Public Law 108-414) provide support for a broad range of 
activities, including mental health courts, mental health and 
substance abuse treatment for incarcerated mentally ill 
offenders, community reentry services, and cross-training of 
criminal justice, law enforcement, and mental health personnel. 
Such grants also promote improved training of State and local 
law enforcement to help them identify and improve responses to 
people with mental illnesses.
    Veterans treatment courts.--The recommendation includes 
$4,000,000 to establish a funding source specifically to 
support veterans treatment courts. The Committee expects the 
Department to work in conjunction with the Department of 
Veterans Affairs, as appropriate, to provide grant support for 
collaborative, rehabilitative approaches for continuing 
judicial supervision over offenders who are veterans.
    Economic, high-technology and cyber crime.--The Committee 
recommendation includes $7,000,000 for economic, high-
technology, and cyber crime prevention. The Committee 
encourages the Department to assist State and local law 
enforcement agencies with the prevention, investigation and 
prosecution of intellectual property crimes. This program, 
administered by the Bureau of Justice Assistance (BJA), 
provides competitive grants to support and train State and 
local public safety agencies to combat intellectual property 
crimes such as counterfeiting and piracy.
    Prescription drug monitoring.--The Committee recommendation 
includes $7,000,000 for the Prescription Drug Monitoring 
Program (PDMP). The diversion and abuse of prescription 
medications has become our Nation's fastest growing drug 
problem, with overdose deaths now surpassing motor vehicle 
accidents as the number one cause of accidental deaths 
nationwide. The Committee supports BJA's long-standing goal of 
increasing the quantity and quality of State-run prescription 
drug monitoring programs through the PDMP, as well as efforts 
in recent years to combat interstate diversion through the 
secure exchange of data among prescription monitoring programs 
(PMPs) via the Prescription Monitoring Information Exchange 
(PMIX) Architecture and the RxCheck hub. However, the Committee 
notes that a number of States, including PDMP grantees, have 
committed to data exchange through another hub, the PMP 
InterConnect hub. The Committee encourages BJA to allow past 
and future PDMP grant recipients to utilize enhancement funds 
to facilitate interstate data exchange, irrespective of the 
grantee's hub of choice. The Committee further encourages BJA 
to collaborate with all stakeholders in the development and 
finalization of the PMIX Architecture so that the goal of 50 
interconnected States can be achieved through hub-to-hub 
communication.
    NICS Improvement Amendments Act (NIAA) program.--The 
recommendation includes $12,000,000 for the NIAA program, which 
is an increase of $7,000,000 above fiscal year 2012 and the 
request. The National Instant Criminal Background Check System 
(NICS) is a critical tool for keeping firearms out of the hands 
of prohibited persons, but it is only as effective as the 
information entered into the databases upon which it relies. 
The NIAA seeks to address gaps in the information available to 
NICS by providing grants to States for the establishment or 
upgrade of information and identification technologies related 
to firearms purchasing eligibility determinations. According to 
OJP, jurisdictions continue to struggle with meeting the 
eligibility requirements mandated by the NIAA. At present, only 
16 States are eligible for grants. The Committee understands 
that ATF is willing to provide technical assistance to all 
States seeking to establish programs that meet the eligibility 
requirements for grants under the NIAA. The Committee urges OJP 
and ATF to assist States that are not currently eligible for 
NIAA grants in meeting the eligibility requirements and thereby 
enable them to begin contributing to the nationwide 
strengthening of NICS. In addition, the Committee directs OJP 
to make available prior year unobligated NIAA funding to 
augment this program.
    Reentry.--The recommendation includes $70,000,000 for 
Second Chance Act grants. The Committee remains concerned that 
despite a dramatic increase in corrections spending over the 
past two decades, recidivism and re-incarceration rates are 
largely unchanged. The Committee is aware that case studies of 
innovative, evidence-based practices provide a strong 
indication that this pattern can be reversed. In fact, Kansas, 
Texas, Ohio and North Carolina have demonstrated how data-
driven justice reinvestment strategies can have a remarkable 
impact on prison populations and costs. The Committee expects 
that Second Chance Act grants will foster the implementation of 
strategies that have been proven to reduce recidivism and 
ensure safe and successful reentry back to their communities of 
adults released from prisons and jails. The Committee directs 
the Department to submit as part of its spending plan for State 
and Local Law Enforcement Activities a plan for the use of all 
funds appropriated for Second Chance Act programs. The 
Committee expects such plan to designate funds for proven, 
evidenced-based programs that will further the goal of 
maximizing public safety.
    Tribal assistance.--The recommendation includes $38,000,000 
for tribal grant programs. The Committee expects OJP to 
continue to consult closely with tribal stakeholders in 
determining how tribal assistance funds will be allocated among 
grant programs that improve public safety in tribal 
communities, such as grants for detention facilities under 
section 20109 of subtitle A of title II of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322), 
civil and criminal legal assistance as authorized by title I of 
Public Law 106-559, tribal courts, and alcohol and substance 
abuse reduction assistance programs. The Committee directs OJP 
to submit, as part of the Department's spending plan, an 
allocation of these funds that has been informed by such 
consultation. The Committee notes that the recommendation 
includes additional grant funding for tribal law enforcement 
programs through COPS and OVW.
    DNA backlog elimination.--The Committee recommendation 
includes $125,000,000 for DNA-related and forensic programs and 
activities. The request proposed to make available $100,000,000 
to fund the DNA Initiative. Within the funding provided, the 
Committee provides $4,000,000 each for Post-Conviction DNA 
Testing grants and Sexual Assault Forensic Exam Program grants. 
The Committee expects that OJP will make funding for DNA 
analysis and capacity enhancement a priority to meet the 
purposes of the Debbie Smith DNA Backlog Grant Program. The 
Committee directs the Department to submit as part of its 
spending plan for State and Local Law Enforcement Activities a 
plan for the use of all funds appropriated for DNA-related and 
forensic programs and a report on the alignment of appropriated 
funds with the authorized purposes of the Debbie Smith DNA 
Backlog Grant Program.
    Adam Walsh Act.--The recommendation includes $20,000,000 
for the implementation of Adam Walsh Act programs. The 
Committee understands that the Adam Walsh Act is a crucial tool 
for protecting children from dangerous predators who wish to 
exploit them. The Committee encourages the Department to 
allocate a portion of the funds available for Adam Walsh Act 
implementation for grants to train and employ personnel to help 
prosecute cases cleared through use of funds provided for DNA 
backlog elimination as authorized by section 624 of the Adam 
Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248).
    Evidence-based programs.--The Committee strongly urges the 
Department to ensure that, to the greatest extent practicable, 
competitive grants are used for evidence-based programs and 
activities.

                       JUVENILE JUSTICE PROGRAMS

    The Committee recommends $209,500,000 for Juvenile Justice 
programs, which is $53,000,000 below fiscal year 2012 and 
$35,500,000 below the request. The recommendation provides 
direct appropriations for programs under this heading rather 
than providing partial funding from Crime Victims Fund balances 
as proposed in the request. Funds are distributed as follows:

                            JUVENILE JUSTICE
                        (in thousands of dollars)
------------------------------------------------------------------------
                         Program                               Amount
------------------------------------------------------------------------
Part B--State Formula Grants.............................      $33,000
Youth Mentoring Grants...................................       90,000
Victims of Child Abuse Programs..........................       18,000
Missing and exploited children programs..................       67,000
Child Abuse Training for Judicial Personnel..............        1,500
                                                          ==============
  TOTAL, Juvenile Justice................................     $209,500
------------------------------------------------------------------------

    Youth mentoring.--The recommendation includes $90,000,000 
for youth mentoring grants, which is $12,000,000 above fiscal 
year 2012 and $32,000,000 above the request.
    Victims of child abuse programs.--The recommendation 
includes $18,000,000 for programs authorized under the Victims 
of Child Abuse Act, including grants for technical assistance 
and training for professionals involved in investigating, 
prosecuting and treating child abuse. The Department had 
proposed to eliminate this program.
    Spending plan.--The Committee directs the Department to 
submit as part of its spending plan for State and Local Law 
Enforcement Activities a plan for the use of all funding 
administered by the Office of Juvenile Justice and Delinquency 
Prevention. The Committee expects this plan to include details 
pertaining to the competitive awarding of grants under this 
heading and a plan for the use of all funding provided for 
missing and exploited children programs.

                     PUBLIC SAFETY OFFICER BENEFITS

    The Committee recommends a total of $78,300,000 for the 
Public Safety Officer Benefits program, which is the same as 
the fiscal year 2012 level and the request. Within the funds 
provided, $62,000,000 is for death benefits for survivors, an 
amount estimated by the Congressional Budget Office that is 
considered mandatory for scorekeeping purposes. Also within the 
total, $16,300,000 is recommended, as requested, for disability 
benefits for public safety officers who are permanently and 
totally disabled as a result of a catastrophic injury sustained 
in the line of duty, and for education benefits for the spouses 
and children of officers who are killed in the line of duty or 
who are permanently and totally disabled as a result of a 
catastrophic injury sustained in the line of duty.

                  Community Oriented Policing Services


             COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

    The Committee recommends $72,500,000 for community oriented 
policing services, which is $126,000,000 below fiscal year 2012 
and $217,087,000 below the request. Funds are distributed as 
follows:

                  COMMUNITY ORIENTED POLICING SERVICES
                        (in thousands of dollars)
------------------------------------------------------------------------
                         Program                               Amount
------------------------------------------------------------------------
Transfer to DEA for Methamphetamine Lab Cleanup..........      $12,500
Tribal Resources Grant Program...........................       20,000
COPS Hiring Grants.......................................       40,000
                                                          ==============
  TOTAL, Community Oriented Policing Services............      $72,500
------------------------------------------------------------------------

    Methamphetamine lab cleanup.--The recommendation includes 
$12,500,000 for methamphetamine activities, which shall be 
transferred to the DEA to assist State, local and tribal law 
enforcement agencies with the proper removal and disposal of 
hazardous materials at clandestine methamphetamine labs, 
including funds for training, technical assistance, the 
purchase of equipment, and a container program.
    Anti-methamphetamine investigatory efforts.--The Committee 
acknowledges the dramatic increase of methamphetamine 
production, trafficking and sale across the Nation. It also is 
aware of the devastating effects that this drug has to the 
individual user, to society, and to the economy. The production 
and use of meth has societal costs, including explosions and 
fires triggered by illegal manufacture of methamphetamine, 
environmental contamination, increased criminal activity, 
domestic violence, emergency room and other medical costs, the 
spread of infectious disease, including HIV/AIDS and hepatitis, 
and lost worker productivity. The majority of the economic 
burden of meth falls on State and local governments. In this 
regard, the Committee recognizes the role that the COPS office 
can play and has played in supporting anti-methamphetamine 
investigatory efforts, especially in States with high seizures 
of methamphetamine, precursor chemicals, laboratories, and 
laboratory dump sites.

               General Provisions--Department of Justice

    The Committee has included the following general provisions 
in this bill for the Department of Justice:
    Section 201 makes available additional reception and 
representation funding for the Attorney General from the 
amounts provided in this title.
    Section 202 prohibits the use of funds to pay for an 
abortion, except in the case of rape or to preserve the life of 
the mother.
    Section 203 prohibits the use of funds to require any 
person to perform or facilitate the performance of an abortion.
    Section 204 establishes the obligation of the Director of 
the Bureau of Prisons to provide escort services to an inmate 
receiving an abortion outside of a Federal facility, except 
where this obligation conflicts with the preceding section.
    Section 205 establishes the Committee's requirements and 
procedures for transfer proposals.
    Section 206 authorizes the Attorney General to extend an 
ongoing Personnel Management Demonstration Project.
    Section 207 permanently extends specified authorities for 
undercover operations to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives.
    Section 208 prohibits the use of funds for transporting 
prisoners classified as maximum or high security, other than to 
a facility certified by the Bureau of Prisons as appropriately 
secure.
    Section 209 prohibits the use of funds for the purchase or 
rental by Federal prisons of audiovisual equipment, services 
and materials used primarily for recreational purposes, except 
for those items and services needed for inmate training, 
religious, or educational purposes.
    Section 210 requires review by the Deputy Attorney General 
and the Department Investment Review Board prior to the 
obligation or expenditure of funds for major information 
technology projects.
    Section 211 requires the Department to follow reprogramming 
procedures prior to any deviation from the program amounts 
specified in this title or the reuse of specified deobligated 
funds provided in previous years.
    Section 212 prohibits the use of funds for A-76 
competitions for work performed by employees of the Bureau of 
Prisons or Federal Prison Industries, Inc.
    Section 213 prohibits U.S. Attorneys from holding 
additional responsibilities that exempt U.S. Attorneys from 
statutory residency requirements.
    Section 214 permits up to 3 percent of grant and 
reimbursement program funds made available to OJP to be used 
for training and technical assistance and permits up to 2 
percent of grant or reimbursement funds made available to that 
office to be used for criminal justice research, evaluation and 
statistics. The Committee expects OJP to give priority to 
training and technical assistance activities that are evidence-
based and help State, local, and tribal communities develop and 
implement comprehensive, system-wide strategies for public 
safety that also improve criminal justice systems. In light of 
the resurgence of methamphetamine production and trafficking, 
the Committee encourages OJP to support methamphetamine 
training and technical assistance initiatives that advance 
problem-solving strategies to combat methamphetamine, and which 
demonstrate the capacity to have a national impact through 
direct training and the distribution of information and 
resources.
    Section 215 gives the Attorney General the authority to 
waive matching requirements for Second Chance Act adult and 
juvenile reentry demonstration projects; State, tribal and 
local reentry courts; drug treatment programs; and prison rape 
elimination programs.
    Section 216 waives the requirement that the Attorney 
General reserve certain funds from amounts provided for 
offender incarceration.
    Section 217 prohibits funds, other than funds for the 
National Instant Criminal Background Check System established 
under the Brady Handgun Violence Prevention Act, from being 
used to facilitate the transfer of an operable firearm to a 
known or suspected agent of a drug cartel where law enforcement 
personnel do not continuously monitor or control such firearm.
    Section 218 prohibits funds made available by this Act from 
being used to require public entities, places of public 
accommodation and commercial facilities to provide a permanent 
means of accessible entry to pools and spas.
    Section 219 prohibits funds made available by this Act from 
being used to require licensed firearms dealers to report on 
the sale of multiple rifles and shotguns to the same person.

                               TITLE III


                                SCIENCE


                Office of Science and Technology Policy

    The Committee recommends $5,850,000 for the Office of 
Science and Technology Policy (OSTP), which is $1,350,000 above 
fiscal year 2012 and the same as the request.
    Coordination with China.--Section 539 of the Commerce, 
Justice, Science and Related Agencies Appropriations Act, 2012 
(Public Law 112-55) prohibits OSTP from engaging in bilateral 
activities with China or a Chinese-owned company unless OSTP 
has certified to the Congress that the activity in question 
will not result in the transfer of information with national or 
economic security implications. In a written exchange on the 
implementation of section 539, the White House communicated an 
intention to provide certifications 30 days prior to any 
bilateral activity and to include additional information along 
with any such certification, including a commitment that OSTP 
will not knowingly interact with individuals known by the 
United States to have been involved in the violation of human 
rights. Section 534 of this bill repeats the language from 
fiscal year 2012 while modifying it to conform with the 
existing agreement.
    Science, Technology, Engineering and Math (STEM) 
education.--An inventory of Federal investments conducted last 
year found that the government has more than 250 discrete 
programs seeking to improve the quality of STEM instruction and 
to increase the number of STEM students and teachers. Although 
the inventory determined that there was no duplication among 
those programs, the full portfolio appears to be fragmented and 
lacking in focus. The Committee expects that OSTP will use the 
results of the inventory, along with a forthcoming government-
wide STEM education strategic plan, to consider and propose 
some consolidation and streamlining within that portfolio in 
future years.
    The Committee remains interested in improving the 
dissemination of K-16 STEM education research generated by 
Federal agencies. The Committee believes that a consolidated, 
easily accessible ``one-stop'' source for STEM information, 
including curricula and classroom materials, would greatly 
improve the ability of educational practitioners to identify 
and use existing findings on effective STEM practices. The 
forthcoming strategic plan referenced above will incorporate a 
goal of producing a comprehensive and robust dissemination 
strategy based on a review of successful Federal and non-
Federal best practices. OSTP shall keep the Committee informed 
about the continuing development of its dissemination strategy 
and how the implementation of that strategy will achieve the 
goals and intentions of a ``one-stop'' source for improving 
research dissemination.
    The Committee also notes the emerging consensus that the 
U.S. economy is little served when the flexibility of U.S. 
employers to retain graduate-level talent in STEM fields from 
American universities is hampered. The Committee encourages 
OSTP to work with the relevant authorizing committees to ensure 
the U.S. economy has the talent it needs to maintain its 
position at the forefront of competitiveness and innovation in 
the global marketplace.
    President's Council of Advisors on Science and Technology 
(PCAST).--The Committee's recommendation adopts the 
Administration's proposal to leave funding for the 
administrative support of the PCAST at the Department of Energy 
(DOE). OSTP is directed to immediately notify the Committees on 
Appropriations if the loss of direct control over the PCAST's 
administrative budget causes problems in effectively directing 
and executing the work of the Council.
    Neuroscience Working Group.--The Committee understands that 
OSTP, through the National Science and Technology Council 
(NSTC), is establishing an interagency Neuroscience Working 
Group, consistent with language encouraging such an effort in 
the statement accompanying Public Law 112-55. The Committee 
continues to believe there is a potential in the near future 
for significant, transformative advances in our fundamental 
understanding of learning, brain development, and brain health 
and recovery, requiring enhanced tools to better understand the 
working of the brain, enhanced data and data infrastructure, 
and expanded interdisciplinary and large-scale research 
efforts. The interagency working group is intended to help 
coordinate, focus and enhance Federal efforts related to 
neuroscience, including efforts to develop future clinical 
treatments for traumatic and acquired brain injuries; increase 
our understanding of cognition and apply that knowledge to the 
improvement of education and learning; and improve our 
understanding of, and develop better therapies for, 
neurodegenerative diseases, childhood developmental disorders, 
and other neurological conditions.
    Public access to Federally-funded research publications.--
The America COMPETES Reauthorization Act of 2010 (Public Law 
111-358) tasked OSTP, through the NSTC, with coordinating 
agency policies relating to the dissemination of unclassified 
scientific research, including peer-reviewed scholarly 
publications, supported wholly or in part by Federal funds. In 
partial fulfillment of that directive, the NSTC has conducted 
numerous solicitations of public comment, and the feedback from 
those solicitations has been in favor of allowing public access 
to scholarly publications after an appropriate embargo period. 
The Committee understands that the NSTC is continuing to assess 
public comment and to develop recommendations for possible new 
policies based on that input and other considerations. The 
Committee supports these efforts and directs OSTP to provide 
the Committee with semiannual status reports on the NSTC's 
progress as discussions continue.
    Nanotechnology.--The National Research Council (NRC) 
recently released a strategy for developing the science and 
research infrastructure necessary to address the potential 
environmental, health and safety risks of engineered 
nanomaterials. The Committee agrees that these risks need to be 
studied and encourages OSTP to ensure that sufficient 
investments in the NRC's recommended research priorities, tools 
and approaches are made through the National Nanotechnology 
Initiative and related efforts.

             National Aeronautics and Space Administration

    The Committee recommends $17,573,800,000 for the National 
Aeronautics and Space Administration (NASA), which is 
$226,200,000 below fiscal year 2012 and $137,600,000 below the 
request.
    GAO assessments of large scale projects.--The Commerce, 
Justice, Science, and Related Agencies Appropriations Act, 2008 
(Public Law 110-161) mandated that GAO report on the status of 
large-scale projects at NASA, and the Committee now anticipates 
these reports biannually. The Committee directs NASA to 
continue cooperating fully and providing timely program 
analysis, evaluation data and other relevant information to the 
GAO so that it can conduct its reviews and meet the 
congressional mandate. Such information includes, but is not 
limited to, copies of preliminary cost estimates; access to 
relevant online agency applications, databases, and web 
portals; and access to information from contractor and agency 
personnel.
    Breach reporting.--Pursuant to section 103 of the NASA 
Authorization Act of 2005 (Public Law 109-155), NASA is 
required to deliver several notifications and reports to the 
appropriate authorizing committees when project costs or 
schedules grow in excess of established thresholds. NASA is 
directed to submit concurrently to the Committees on 
Appropriations the notifications and reports required by 
section 103.
    Reprogramming notifications.--The Committee's program and 
project recommendations for NASA are included in the 
consolidated funding table below and in additional narrative 
direction throughout this report. When executing its budget for 
fiscal year 2013, NASA shall incorporate the funding levels 
established in both the table and the narrative direction. 
Remaining funding decisions not otherwise specified may be made 
at NASA's discretion but should be reported as part of the 
spending plan required by an administrative provision 
accompanying title III of this Act. The spending plan should be 
presented at the traditional level of detail down to the 
activity level. The plan itself and any subsequent changes made 
to the established spending plan amounts that meet the 
notification requirements of section 505 of this Act should be 
reported to the Committee via the notification procedures 
outlined in that section.
    The Committee's table of recommendations for NASA follows:

 
 PROGRAMS, PROJECTS AND ACTIVITIES OF THE NATIONAL AERONAUTICS AND SPACE
                             ADMINISTRATION
                        (in thousands of dollars)
------------------------------------------------------------------------
                        Program                          Recommendation
------------------------------------------------------------------------
 
Science:
  Earth Science.......................................      $1,775,000
  Planetary Science...................................       1,400,000
  Astrophysics........................................         650,000
  James Webb Space Telescope..........................         628,000
  Heliophysics........................................         642,000
                                                       -----------------
Total, Science........................................       5,095,000
                                                       =================
Aeronautics...........................................         569,900
                                                       =================
Space Technology......................................         632,500
                                                       =================
Exploration:
  Human Exploration Capabilities......................       2,881,900
    Multi-Purpose Crew Vehicle........................      (1,024,900)
    Space Launch System (Vehicle Development and            (1,857,000)
     Exploration Ground Systems)......................
  Commercial Spaceflight..............................         500,000
  Exploration Research and Development................         330,000
                                                       -----------------
Total, Exploration....................................       3,711,900
                                                       =================
 
Space Operations:
  Space Shuttle.......................................          70,000
  International Space Station.........................       2,990,000
  Space and Flight Support............................         925,000
                                                       -----------------
Total, Space Operations...............................       3,985,000
                                                       =================
Education:
  Aerospace Research and Career Development...........          33,000
    NASA Space Grant..................................         (24,000)
    EPSCoR............................................          (9,000)
  STEM Education and Accountability...................          67,000
    Minority University Research Education Program....         (30,000)
    STEM Education and Accountability Projects........         (37,000)
                                                       -----------------
Total, Education......................................         100,000
                                                       =================
Cross Agency Support..................................       2,843,500
                                                       =================
Construction and Environmental Compliance and                  598,000
 Restoration..........................................
                                                       =================
Inspector General.....................................          38,000
                                                       =================
Total, NASA...........................................     $17,573,800
------------------------------------------------------------------------

                                SCIENCE

    The Committee recommends $5,095,000,000 for Science, which 
is $5,000,000 above fiscal year 2012 and $183,800,000 above the 
request.
    Earth Science and Heliophysics.--The Committee's 
recommendation includes $1,775,000,000 for Earth Science and 
$642,000,000 for Heliophysics. In both instances, the modest 
increases provided are attributable to increased prices in the 
launch vehicle market and the development phasing of high 
priority decadal missions already underway.
    Planetary Science.--The Committee understands that budget 
pressures within and outside of the Science Mission Directorate 
have required reductions in NASA's science portfolio. The 
Committee is concerned, however, by the Administration's 
proposal to make those reductions disproportionately within the 
planetary science program. Planetary science has long been one 
of NASA's most successful programs, and the cuts proposed in 
the budget request will endanger this strong record and deviate 
significantly from the program plan envisioned by the most 
recent planetary science decadal survey. The Committee's 
recommendation of $1,400,000,000 seeks to address programmatic 
areas where the Administration's proposal is most deficient in 
meeting the decadal survey's goals while also ensuring that the 
program, as a whole, maintains balance among program elements.
    The first area of deficiency in the request is Planetary 
Science Research. The decadal survey recommended increasing 
research funding by a specified rate above inflation, but the 
request only achieves this standard by including in the total a 
new Joint Robotics Program for Exploration (JRPE), which is not 
a traditional research program as envisioned by the NRC. The 
Committee has addressed this problem by providing $192,000,000 
for Planetary Science Research. This level is sufficient to 
support both the requested level for JRPE and an additional 
$3,500,000 above the request for traditional research and 
analysis activities in order to achieve better consistency with 
the decadal recommendation.
    The request also proposes insufficient funding for the 
Discovery and New Frontiers programs, resulting in significant 
delays relative to the mission tempos outlined in the decadal. 
To improve these tempos, the Committee has provided a total of 
$480,000,000 for Discovery and New Frontiers, which is 
$115,400,000 above the aggregate requests for these programs. 
NASA is directed to divide these funds between Discovery and 
New Frontiers in a manner that optimizes the potential mission 
tempos for both programs.
    The final areas of deficiency in the request are Mars 
Exploration and Outer Planets. The decadal survey chose a Mars 
sample return mission and a Jupiter Europa orbiter as its top 
two flagship-class priorities, but the budget request reduces 
funds for a future Mars mission (``Mars Next Decade'') to a 
fraction of previous planning estimates and eliminates all 
funding for substantive work on a new outer planets mission. As 
such, the request will inhibit significant progress from being 
made on either priority, even in descoped form.
    The Committee rectifies this situation by increasing the 
funds available for Mars Next Decade to $150,000,000, or 
$88,000,000 above the request, in order to allow for a more 
substantial mission concept to be developed. According to the 
decision rules of the decadal survey, however, that mission 
concept must lead to the accomplishment of sample return in 
order to remain a top funding priority. Because the Committee 
is unable to discern whether this condition is being met from 
the scant information provided to date about Mars Next Decade, 
NASA is directed to promptly submit its Next Decade mission 
concept to the NRC for evaluation. The recommendation includes 
language prohibiting the obligation of funds for the mission 
unless and until the NRC submits to the Committees on 
Appropriations a certification confirming that the mission 
concept will lead to the accomplishment of sample return as 
described in the Mars Astrobiology Explorer-Cacher section of 
the decadal survey. If the NRC instead determines that NASA's 
chosen mission concept will not lead to the accomplishment of 
sample return, NASA is directed to immediately: (1) notify the 
Committees; (2) reallocate the funds provided for Mars Next 
Decade to the Outer Planets Flagship program in order to begin 
substantive work on the second priority mission, a descoped 
Europa orbiter; and (3) submit the Mars Next Decade mission 
concept, or any substitute Mars mission concept, for 
competition in the Discovery or New Frontiers programs.
    Plutonium-238.--Progress on a Europa orbiter or any other 
long-range planetary science mission will require a sustainable 
source of Plutonium-238 (Pu-238), a radioisotope that is an 
essential source of electricity for spacecraft venturing beyond 
the range of solar power. The bill makes available $14,500,000 
from this account, as requested, to restart production of Pu-
238. The Committee directs NASA to provide a plan, including an 
anticipated schedule and milestones, for the Pu-238 program 
through the reestablishment of production. This plan should be 
coordinated with NASA's partners at DOE and should be provided 
to the Committees on Appropriations no later than 120 days 
after the enactment of this Act.
    The Committee also directs the Planetary Science Division, 
in conjunction with elements of the Space Technology program, 
to continue working on Advanced Stirling Radioisotope Generator 
(ASRG) technology, which will enable NASA to make more 
efficient use of available radioisotope fuels in the future.
    James Webb Space Telescope (JWST).--The recommendation 
includes $628,000,000 for JWST in order to keep the program on 
track for a 2018 launch. NASA is expected to continue 
cooperating with the GAO review of JWST that was begun in 
fiscal year 2012 and to give GAO access to all relevant and 
necessary program information.
    The bill retains language establishing a cap of 
$8,000,000,000 for JWST formulation and development costs and 
requiring NASA to have the program reauthorized by Congress in 
the event of further cost increases. These provisions are 
necessary to ensure that NASA is appropriately managing risks 
and containing costs.
    As another means of cost control, NASA committed to 
calculating new cost and schedule estimates for the program. 
The Committee expected that this process would result in 
estimates that meet the agency's 70 percent joint cost and 
schedule confidence level (JCL) standards, but the actual JWST 
JCL is only 66 percent. NASA has assured the Committee that the 
lower JCL is not due to any weakness in its estimates but is an 
artifact resulting from the late application of the JCL tool to 
a fairly mature project. In the absence of a high confidence 
JCL, however, the Committee requires additional information in 
order to regularly monitor the program's fiscal health. NASA 
shall submit to the Committees on Appropriations, on a 
quarterly basis, a listing of all JWST performance milestones 
met and not met for that quarter; a description of the budget 
and schedule ramifications associated with those milestones; 
and an overall assessment of the current budget and schedule 
posture of the program.
    Astrophysics.--The recommendation includes $650,000,000 for 
Astrophysics.
    The Committee believes that NASA's proposal to spend up to 
$9,000,000 in fiscal year 2013 on a hardware contribution to 
the European Space Agency's Euclid mission is in conflict with 
the NRC's recommendation to make such an investment only in the 
context of a strong commitment to NASA's Wide Field Infra-Red 
Survey Telescope, for which no funding is requested. Prior to 
obligating any funding for Euclid hardware, therefore, NASA is 
directed to report to the Committees on Appropriations on how 
its proposed plans are consistent with the results of the NRC 
Euclid review.

                              AERONAUTICS

    The Committee recommends $569,900,000 for Aeronautics, 
which is the same as fiscal year 2012 and $18,400,000 above the 
request.
    Aeronautics and the economy.--Research and development 
conducted by the Aeronautics program produces innovative 
technologies that, when transferred to other Federal agencies 
and to the aviation industry, create jobs, bolster the 
competitive position of American aviation companies, improve 
aviation safety and make better flying experiences for the 
general public. Consistent with the bill's focus on research 
programs with ties to manufacturing and domestic job creation, 
the Committee has prioritized funds for Aeronautics and 
rejected NASA's proposal to reduce activity in this area.
    Entry, descent and landing (EDL) technology.--The 
recommendation does not adopt the proposed transfer of the EDL 
technology development work done by the Aeronautics program to 
the Space Technology account. However, NASA is encouraged to 
take all necessary steps to ensure that EDL work performed 
across all relevant accounts is appropriately coordinated.
    Hypersonic research.--The budget request proposes a drastic 
reduction in NASA's hypersonic research program. While it is 
possible that the Department of Defense (DOD) could provide 
programmatic continuity by assuming responsibility for any 
discontinued work, discussions to confirm and formalize such an 
arrangement have not been completed, and therefore the outcome 
is not assured. The Committee believes that acting on NASA's 
reduction request without an assured plan for the transition of 
these activities would pose a risk to critical national 
capabilities and has consequently rejected the proposed cuts. 
However, the Committee encourages NASA to continue working with 
DOD to define appropriate agency roles in hypersonic research 
and to propose changes to rationalize the division of 
responsibilities and work in future fiscal years.
    Flight research.--A recent report of the NRC found that 
decreasing budgets and increasing risk aversion have led NASA 
to significantly reduce the Aeronautics program's use of flight 
research, which is a critical tool for establishing the 
necessary confidence in new technologies leading to acceptance 
among end users. The Committee directs NASA to provide to the 
Committees on Appropriations a response to the NRC's report, 
including an assessment of the recommendations made by the NRC 
for the reprioritization and restructuring of the program. This 
report should be provided no later than 120 days after the 
enactment of this Act.
    Unmanned Aircraft Systems (UAS).--The Committee supports 
NASA's UAS integration project, which conducts research and 
development to enable the safe and efficient operation of UAS 
within the National Airspace System, and has provided 
$30,500,000, as requested, for UAS-related activities. NASA is 
encouraged to continue pursuing UAS research priorities as 
identified through NASA's own planning processes, as well as 
through joint planning efforts with the Department of Defense, 
the Federal Aviation Administration and the Department of 
Homeland Security.
    Environmentally Responsible Aviation.--NASA is directed to 
report to the Committees on Appropriations on its five year 
plans for research and development in the Environmentally 
Responsible Aviation program, including expected interagency 
activities. This report should be provided no later than 120 
days after the enactment of this Act.

                            SPACE TECHNOLOGY

    The Committee recommends $632,500,000 for Space Technology, 
which is $57,500,000 above fiscal year 2012 and $66,500,000 
below the request.
    Entry, descent and landing technology.--As noted above, the 
Committee has not adopted NASA's proposal to transfer 
$7,500,000 from Aeronautics to Space Technology for further 
development of EDL technology. Consequently, these funds remain 
within the total provided under the Aeronautics heading.
    Advanced Stirling Radioisotope Generators.--The Planetary 
Science Division has been working on the development and 
maturation of ASRG technology as described above. This 
technology is vital to maximize our use of limited Pu-238 
stocks and enable future missions to distant locations like 
Europa in the solar system. Consistent with the recommendation 
contained in the recent NRC report on NASA's space technology 
roadmaps, the Office of the Chief Technologist shall assist the 
Planetary Science Division in maturing ASRG technology to a 
flight demonstration level so that it can be appropriately 
utilized on a long distance space mission.

                              EXPLORATION

    The Committee recommends $3,711,900,000 for Exploration, 
which is $58,900,000 below fiscal year 2012 and $220,900,000 
below the request.
    Space Launch System (SLS) development.--The Committee 
remains committed to the development of the full 130 metric ton 
SLS capability, which is necessary for NASA to achieve its most 
aggressive beyond Earth orbit exploration goals. In order to 
achieve this capability, NASA has laid out a development plan 
that begins with a 70 metric ton capability and evolves to 130 
metric tons as work is completed on critical upper stage 
components and an advanced booster competition is completed. 
The Committee supports this plan as long as its execution 
remains consistent with NASA's legal obligations to design the 
system from inception to the 130 metric ton standard and to 
proceed with simultaneous development of the core and upper 
stages. However, the Committee urges NASA to continue seeking 
innovative design and management strategies that will 
accelerate the currently projected schedule for attaining the 
130 metric ton capability.
    To give the Committee more insight into the level of effort 
being dedicated to each component of the SLS, NASA shall 
continue submitting quarterly reports on SLS spending by major 
program element, as first requested in the statement 
accompanying Public Law 112-55. The first such quarterly report 
of fiscal year 2013 should also include a narrative description 
of how NASA's design and development approach is currently 
supporting the ultimate attainment of a 130 metric ton SLS 
capability. The report should include a discussion of how the 
SLS will evolve from a 70 metric ton to a 130 metric ton 
capability and provide objective evidence showing that the 
ultimate 130 metric ton capability is being advanced through 
current activities, such as the design and development of 
common manufacturing systems for the core and upper stage and 
planning and implementation of ground launch systems that can 
accommodate the 130 metric ton capability. Finally, the report 
should also include an explanation of the technical benefits 
that NASA believes are provided by developing a system that can 
be flown with a variety of different lift capabilities.
    SLS funding.--The statement accompanying Public Law 112-55 
mandated several changes to NASA's presentation of the human 
exploration program budget, primarily affecting the SLS. These 
changes included: (1) requesting exploration-related 
construction funding in the Construction and Environmental 
Compliance and Restoration (CECR) account rather than the 
Exploration account; (2) identifying SLS-related ground 
operations needs separately from the SLS vehicle development 
budget; and (3) moving the portions of the 21st Century Space 
Launch Complex (21CSLC) budget that directly support SLS from 
the Space Operations account to the Exploration account to be 
combined with the rest of the SLS ground operations budget. 
NASA has made these changes by shifting funds between accounts 
as directed and identifying SLS ground operations as a 
separate, consolidated program line entitled Exploration Ground 
Systems (EGS).
    The Committee continues to believe these are beneficial 
changes that improve oversight by reducing the transfer of 
funds after an appropriation is enacted and eliminating the 
programmatic split of the 21CSLC funding that obscured true EGS 
requirements. However, the Committee also understands that the 
change in display complicates an attempt to directly compare 
total annual SLS-related funding, as it is now split between 
the SLS and EGS lines and the Exploration and CECR accounts. 
For purposes of enabling that comparison, the table below shows 
the fiscal year 2012 and 2013 SLS vehicle development and EGS 
budgets in both the fiscal year 2012 appropriations structure 
and the fiscal year 2013 appropriations structure.

                                 CROSSWALK OF SPACE LAUNCH SYSTEM APPROPRIATIONS
                                            (in thousands of dollars)
----------------------------------------------------------------------------------------------------------------
                                                In FY 2012 Account Structure      In FY 2013 Account Structure
          Activity, Budget Account           -------------------------------------------------------------------
                                                  FY 2012          FY 2013          FY 2012          FY 2013
----------------------------------------------------------------------------------------------------------------
SLS Vehicle Development.....................     $1,543,500        1,543,500        1,543,500        1,543,500
  Exploration...............................     (1,543,500)      (1,543,500)      (1,503,000)      (1,454,200)
  Construction and Environmental Compliance              --               --          (40,500)         (89,300)
   and Restoration..........................
SLS Ground Operations/Exploration Ground            399,700          453,900          399,700          453,900
 Systems....................................
  Exploration...............................       (316,500)        (357,200)        (387,700)        (402,800)
  Space Operations..........................        (83,200)         (96,700)              --               --
  Construction and Environmental Compliance              --               --          (12,000)         (51,100)
   and Restoration..........................
                                             -------------------------------------------------------------------
Total, Space Launch System..................     $1,943,200        1,997,400        1,943,200        1,997,400
----------------------------------------------------------------------------------------------------------------

    These tables show that, across all accounts, the fiscal 
year 2013 appropriation for SLS vehicle development and EGS is 
$1,997,400,000, which is $54,200,000 above the comparable 
fiscal year 2012 level.
    The recommendation aligns the SLS vehicle development 
budget with the fiscal year 2013 levels established in the SLS 
Independent Cost Assessment (ICA) plus an additional amount to 
account for cost margins, which external evaluators found to be 
a weakness in the ICA. The Committee feels that the ICA remains 
the safest basis for program budgetary estimates until such 
time that NASA has finished a comprehensive, bottom-up cost 
estimate for the program; definitized remaining contracts; and 
completed other actions that could have a significant impact on 
cost. The Committee expects, consistent with NASA's assertions, 
that the recommended funding levels for SLS and EGS will keep 
these programs on track for the attainment of a joint Multi-
Purpose Crew Vehicle (MPCV)-SLS test flight in 2017.
    MPCV development and funding.--In keeping with the 
Committee's approach to the SLS budget, the Committee looked to 
the MPCV ICA as an indicator of the sufficiency of NASA's 
request for the MPCV program. Although the request represents a 
decrease from fiscal year 2012, it is consistent with the ICA 
for fiscal year 2013 and, according to NASA, will keep the 
program on track for an MPCV flight test in 2014, an ascent 
abort test in 2016 and a joint MPCV-SLS test flight in 2017.
    The table below shows total MPCV appropriations contained 
in this Act, to include funds provided under the CECR heading.

         CROSSWALK OF MULTI-PURPOSE CREW VEHICLE APPROPRIATIONS
                        (in thousands of dollars)
------------------------------------------------------------------------
                                            FY 2012 in FY
         Activity, Budget Account                2013         FY 2013
                                              Structure
------------------------------------------------------------------------
Multi-Purpose Crew Vehicle................   $1,200,000      1,028,210
  Exploration.............................   (1,200,000)    (1,024,900)
  Construction and Environmental                     --         (3,310)
   Compliance and Restoration.............
                                           -----------------------------
Total, Multi-Purpose Crew Vehicle.........   $1,200,000      1,028,210
------------------------------------------------------------------------

    Mission destinations.--The Committee continues to believe 
that NASA needs to establish specific mission goals for the 
MPCV and SLS and set target destinations that will enable the 
achievement of those goals. These actions will help to focus 
the program and provide a common vision for future 
achievements. NASA shall report to the Committees on 
Appropriations on the mission goals for the test flights of 
MPCV and SLS currently scheduled for 2017 and 2021, including 
the expected flight paths and any anticipated mission 
activities beyond testing and validation of flight systems. The 
report, which should be submitted no later than 180 days after 
the enactment of this Act, should also include an assessment of 
systems, technology or other capabilities, if any, that are 
necessary to achieve the chosen mission goals but are not 
supported in the current budget runout.
    Commercial crew.--The Committee supports the goal of 
achieving independent and redundant access to the International 
Space Station (ISS) but remains concerned about many aspects of 
NASA's approach to the commercial crew development program. 
First, the Committee believes that the program's total 
estimated development costs of $4,868,000,000 are too high 
given that the current commitment to the ISS leaves NASA with 
only a few years to make use of commercial crew services and no 
sufficient additional market has been clearly demonstrated in 
the absence of NASA as a base customer.
    Second, the current structure of the program has 
insufficient safeguards in place to protect the government's 
interests in intellectual or physical property developed with 
Federal money in the event that companies are terminated from 
or opt to leave the program. As such, there is a risk of 
repeating the government's experience from last year's 
bankruptcy of the solar energy firm Solyndra, in which the 
failure of a high risk, government subsidized development 
venture left taxpayers with no tangible benefit in exchange for 
their substantial investment.
    Third, the Administration appears to be pursuing 
potentially inconsistent goals for the program: (1) the 
achievement of the fastest, safest, most cost effective means 
of domestic access to the ISS, and (2) the ``seeding'' of a new 
commercial spaceflight industry. Given the overwhelming 
importance of the first of these goals, any funding, time and 
effort expended in pursuit of the second is potentially a 
distraction from other necessary work, and, in an environment 
of fiscal constraint, a dilution of limited resources.
    Finally, the program's current acquisition strategy lacks 
any defined plan to transition from the planned Space Act 
Agreement (SAA)-based Commercial Crew Integrated Capability 
(CCiCap) round of awards to a Federal Acquisition Regulation 
(FAR)-based certification and service contract. As a result, 
the strategy presents a significant risk of costly, lengthy 
delays as NASA attempts to retroactively assess competitors' 
designs on safety and other standards and companies attempt to 
make changes in fully mature integrated designs to address 
instances in which NASA cannot verify that a necessary 
qualification criterion has been met.
    The Committee believes that many of these concerns would be 
addressed by an immediate downselect to a single competitor or, 
at most, the execution of a leader-follower paradigm in which 
NASA makes one large award to a main commercial partner and a 
second small award to a back-up partner.
    With fewer companies remaining in the program, NASA could 
reduce its annual budget needs for the program and fund other 
priorities like planetary science, human exploration or 
aeronautics research. In addition, an accelerated downselect 
would allow NASA to focus its remaining funds and technical 
assistance resources on the most promising contender, 
potentially enabling that competitor to produce a final 
capability faster than otherwise possible. It would also allow 
NASA to return to its previous acquisition strategy of holding 
an open competition (to include current funding recipients and 
new entrants) and following a more traditional FAR-based 
management approach, avoiding a complex transition from SAAs 
late in the development process and allowing the government to 
better protect its interests in intellectual and physical 
property developed with taxpayer funds. Finally, this strategy 
is more consistent with current overarching fiscal guidance 
included in the fiscal year 2013 House budget resolution. In a 
climate of decreasing non-defense discretionary spending, the 
Committee does not believe that the Administration's proposed 
budget runout for commercial crew is sustainable.
    For all of these reasons, the Committee believes that the 
advantages offered by an immediate downselect and a return to 
FAR-based contracts outweigh the potential benefits of 
maintaining the current program structure. As a result, the 
Committee directs NASA to execute the program as described 
above and in accordance with a fiscal year 2013 funding level 
of $500,000,000, which is equal to the level agreed to by 
Congress and the Administration in the NASA Authorization Act 
of 2010 (Public Law 111-267).
    Human spaceflight safety.--The Committee appreciates the 
work of the Aerospace Safety Advisory Panel (ASAP), which 
provides advice and recommendations to NASA and the Congress on 
matters relating to safety. In its next annual report to 
Congress, the Committee encourages the ASAP to pay specific 
attention to NASA's strategy for transitioning the commercial 
crew program from the development to certification phases; its 
planned processes for completing commercial crew certification; 
and the safety requirements and testing and verification 
schedules being used for the MPCV and SLS.

                            SPACE OPERATIONS

    The Committee recommends $3,985,000,000 for Space 
Operations, which is $248,600,000 below fiscal year 2012 and 
$28,200,000 below the request.
    Space Shuttle.--The recommendation includes a total of 
$70,000,000 for continuing Space Shuttle transition and 
retirement (T&R) activities in fiscal year 2013.
    The statement accompanying Public Law 112-55 directed NASA 
to provide by September 30, 2012 a report with comprehensive 
outcome data for the Shuttle workforce. According to the 
current schedule for completing Shuttle T&R, however, some 
Shuttle workers may remain on the job beyond the requested due 
date for that report. Consequently, NASA is directed to provide 
to the Committees on Appropriations a supplement to the Shuttle 
workforce report no later than 90 days after the formal 
completion of T&R activities. This supplement should provide 
the previously requested outcome data for any Shuttle workers 
who continued to execute Shuttle T&R beyond the original report 
completion date.
    ISS research.--The Administration's commitment to the ISS 
currently lasts through 2020. Whether the Station continues to 
be utilized beyond that point is a critical factor in the 
decision making about the future of NASA's other human 
spaceflight activities, especially the commercial crew and 
beyond Earth orbit exploration programs. NASA is urged to begin 
as soon as possible the process of making a firm decision on 
whether the ISS program will continue beyond 2020.
    An important element in the decision making about the long 
term status of ISS is whether it can demonstrate sufficient 
research value to justify the continuation of its operating 
budget. Currently, the fraction of the overall ISS budget 
devoted to research is extremely small, and plans for 
leveraging outside funding through the ISS National Lab are 
moving slowly because the National Lab's manager, the Center 
for the Advancement of Science in Space (CASIS), is still 
establishing its management and governance structures. If the 
ISS is going to demonstrate its long-term value as a research 
facility and technology testbed, all research-related planning 
and support will need to be executed with greater urgency to 
maximize utilization of the space. NASA is directed to take all 
necessary steps to do this, including providing appropriate 
technical and management support for the ISS National Lab.
    ISS operations.--The Committee remains concerned that NASA 
does not have a short-term back-up plan to provide access to 
the ISS in the event of a Soyuz failure or delay. While recent 
Soyuz complications have been resolved in a timely manner, 
future incidents of greater severity could force the evacuation 
of the Station, with a resultant loss of scientific and other 
opportunities. NASA is directed to report to the Committees on 
Appropriations on its planned means of providing short-term 
emergency access to the Station, including the potential use of 
the MPCV from its earliest availability, and the timeline 
necessary to bring such an emergency access capability online 
under existing budgetary assumptions.
    Launch Services Program.--The Committee remains concerned 
about the lack of a certified medium class launch vehicle 
currently in production. While NASA remains confident that 
sufficient medium class vehicle options will be available when 
needed, the Committee encourages NASA to ensure that the 
budgets of its medium class missions reflect an appropriate 
amount of risk associated with this uncertainty.
    The Committee is also concerned about the causes and 
impacts of a recent increase in launch vehicle prices across 
all classes. GAO and other sources attribute this increase, in 
part, to the failure of the government to effectively leverage 
its full bargaining power by consolidating the purchase of 
launch vehicles across agencies. The Committee urges NASA to 
continue working with DOD to ensure that launch vehicle 
services are procured in the most efficient and cost effective 
manner.
    21st Century Space Launch Complex.--The Committee has 
provided $41,100,000 for 21CSLC, as requested. All multi-user 
projects and other launch infrastructure activities not 
associated with the ground operations needs of the SLS should 
be supported with this funding and not with EGS funds in the 
Exploration account.
    NASA shall submit to the Committees on Appropriations a 
five year strategic plan for upgrades and modernization 
associated with the launch infrastructure at the Wallops Flight 
Facility. This report, which should be prepared in consultation 
with the Wallops user community, shall be provided no later 
than 180 days after the enactment of this Act.

                               EDUCATION

    The Committee recommends $100,000,000 for Education, which 
is $38,400,000 below fiscal year 2012 and the same as the 
request.
    Portfolio restructuring.--The Committee supports NASA's 
ongoing efforts to restructure its education portfolio. This 
restructuring will reduce the programmatic fragmentation 
documented in the NSTC's inventory of STEM education 
investments; address the goals and priorities of the upcoming 
government-wide STEM education strategic plan; and be 
responsive to the findings of a recent GAO report on potential 
duplication in Federal STEM education programs. While the 
restructuring has led, in part, to a reduced total funding 
level for NASA education activities, the Committee notes that 
NASA is working to leverage partnership and other coordination 
opportunities to expand its reach and influence at low cost.
    Aerospace Research and Career Development.--The recommended 
level includes $24,000,000 for NASA Space Grant and $9,000,000 
for the Experimental Program to Stimulate Competitive Research 
(EPSCoR). The Committee urges NASA to minimize the 
administrative costs associated with these programs in order to 
maximize funding available for programmatic purposes. In 
furtherance of administrative cost oversight, NASA is directed 
to include an accounting of its administrative costs for both 
Space Grant and EPSCoR in the spending plan prepared pursuant 
to the administrative provisions of title III of this Act and 
in the fiscal year 2014 budget request.
    Informal science education.--Within funds provided for STEM 
Education and Accountability projects, NASA may offer 
competitive grant opportunities for informal science education 
programs to qualifying institutions as described in section 616 
of the NASA Authorization Act of 2005 (Public Law 109-155) and


/

/

/

//or NASA Visitors Centers.

                          CROSS AGENCY SUPPORT

    The Committee recommends $2,843,500,000 for Cross Agency 
Support (CAS), which is $151,500,000 below fiscal year 2012 and 
$4,000,000 below the request.
    Cybersecurity.--The Committee is concerned by the 
persistence of significant security vulnerabilities in NASA's 
information technology systems, including those systems that 
control spacecraft and maintain critical data sources. 
Mitigating some of these vulnerabilities will be a long-term 
process, as the issues involved are complex and the potential 
solutions are not straightforward. Other vulnerabilities such 
as the nearly universal lack of encryption on agency laptops 
are discrete and easily addressed, and the Committee believes 
more substantial progress must be made to resolve them.
    Many of the findings on NASA's information technology 
security vulnerabilities stem from oversight work by the NASA 
Office of Inspector General (OIG), which has done 21 
cybersecurity-related audits over the past 5 years. As part of 
its cybersecurity report submitted pursuant to the requirement 
contained at the front of this report, NASA shall include a 
listing of all open OIG recommendations relating to those 
audits, along with a description of NASA's current progress in 
resolving those recommendations and a date by which the agency 
anticipates completing that resolution.
    Independent Verification and Validation (IV&V).--The budget 
request again proposes a reduction to the IV&V program despite 
substantial ongoing needs for IV&V services. In order to ensure 
that all necessary work continues to be performed despite a 
smaller dedicated IV&V budget in fiscal year 2013, NASA shall 
fund any IV&V shortfall from within the mission directorates 
that make use of IV&V services. However, the purchase of IV&V 
reviews with mission directorate funds raises questions of 
objectivity and therefore should not become a longstanding NASA 
practice. The Committee expects NASA to address this issue in 
its fiscal year 2014 budget request.
    Working Capital Fund (WCF) reporting.--The Committee 
directs NASA to continue submitting quarterly reports to the 
Committees on Appropriations on the expenditures and 
unobligated balances of NASA's WCF, as first requested in the 
statement accompanying Public Law 112-55.
    Knowledge management.--The Committee has supported NASA's 
efforts to identify project management problems commonly 
experienced across the agency and to develop and apply lessons 
learned from those experiences to projects currently underway. 
The positive potential for such an exercise seems significant, 
but the Committee has not seen evidence that NASA is using the 
lessons learned process to the extent expected. The reasons for 
this were recently documented in an assessment by the OIG, 
which found that NASA's strategy for lessons learned (as well 
as knowledge management generally) is undefined, and that the 
Lessons Learned Information System is underutilized across the 
agency.
    The Committee continues to believe that rigorous self-
assessment is the most effective means for NASA to avoid a 
repeat of significant project management lapses like those that 
led to JWST's cost overruns. Therefore, it is critical that 
NASA define and aggressively implement a comprehensive lessons 
learned strategy as soon as possible. The Office of the Chief 
Engineer has indicated an intention to complete a broader 
knowledge management strategy, to include lessons learned, by 
March of 2013. NASA shall report to the Committees on 
Appropriations with a summary of the strategy and a plan for 
ensuring its agency-wide implementation no later than April 30, 
2013.
    Comprehensive independent assessment.--The NRC is currently 
conducting the comprehensive independent assessment called for 
in Public Law 112-55. NASA shall report to the Committees on 
Appropriations on the agency's response to that assessment, 
including any recommendations contained therein, no later than 
90 days after the public release of the NRC's final report.

       CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

    The Committee recommends $598,000,000 for CECR, which is 
$208,000,000 above fiscal year 2012 and $21,200,000 below the 
request. The increase in funding over fiscal year 2012 is 
primarily attributable to the direct appropriation of 
$143,700,000 of Exploration construction funds and $21,900,000 
of Space Operations construction funds to this account. In 
fiscal year 2012, such funds were appropriated under the 
Exploration and Space Operations accounts and transferred to 
CECR after enactment.
    Institutional construction.--The Committee supports NASA's 
ongoing efforts to address critical facilities-related safety 
issues; replace old facilities with smaller, more efficient 
facilities; and demolish unneeded structures. These actions 
will help to reduce NASA's annual operating costs and the 
current replacement value of its infrastructure. In order to 
carry out these activities, the recommendation includes 
$362,800,000 for institutional construction. The Committee 
expects that these funds will be spent in a manner consistent 
with NASA's agency facilities master plan.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $38,000,000 for the OIG, which is 
$700,000 above fiscal year 2012 and $1,000,000 above the 
request.
    The recommendation for the OIG represents a current 
services budget in order to ensure that there will be no 
diminution of oversight efforts.

                       ADMINISTRATIVE PROVISIONS

    The Committee has included the following administrative 
provisions for NASA:
    The bill includes a provision that makes funds for 
announced prizes available without fiscal year limitation until 
the prize is claimed or the offer is withdrawn.
    The bill includes a provision that establishes terms and 
conditions for the transfer of funds.
    The bill includes a provision that repeals existing 
prohibitions on the implementation of reductions in force or 
other involuntary separations.
    The bill includes a provision that requires NASA to submit 
an agency spending plan and subjects both the spending plan and 
specified changes to that plan to reprogramming procedures 
under section 505 of this Act.
    The bill includes a provision that allows NASA to retain 
within its WCF refunds or rebates received through NASA's 
credit card programs.

                      National Science Foundation


                    RESEARCH AND RELATED ACTIVITIES

    The Committee recommends $5,942,693,000 for Research and 
Related Activities (R&RA), which is $223,693,000 above fiscal 
year 2012 and $40,587,000 below the request.
    Research priorities.--The Committee appreciates the 
National Science Foundation's (NSF) commitment to reviewing its 
portfolio of programs and proposing reductions or terminations 
where appropriate. Such proposals provide a more fiscally 
sustainable way to support new or expanded programs. 
Accordingly, the recommendation adopts all of the reduction and 
termination proposals contained in the R&RA budget request 
except for the proposed termination of the Communicating 
Science Broadly (CSB) program. The Committee supports the 
continuation of CSB activities to ensure taxpayers have access 
to information about the impact and relevance of NSF's 
scientific research.
    The funds made available through reductions and 
terminations, together with the increase provided by the 
Committee, will allow NSF to expand or enhance its activities 
across a range of research areas with significant potential 
impacts on national security and economic competitiveness. The 
Committee directs NSF to prioritize these new activities toward 
cybersecurity and cyberinfrastructure improvements; advanced 
manufacturing (as further discussed below); materials research; 
and disciplinary and interdisciplinary research in the natural 
and physical sciences, math and engineering. Not later than 90 
days after the enactment of this Act, NSF shall report to the 
Committees on Appropriations on the detailed distribution of 
funding by program within this account.
    Advanced Manufacturing.--The recommendation includes the 
proposed funding level of $148,900,000 for the Advanced 
Manufacturing initiative. Future economic prosperity in the 
United States will depend largely on our ability to develop and 
manufacture new products based on advanced technologies, both 
for the domestic market and for export. Basic research 
supported through NSF and other Federal science agencies is 
critical to this effort because it will help provide the 
foundation for the development of such new products and 
technologies by the private sector.
    Commercialization of NSF-funded research.--Many technical 
and scientific products, tools and processes in regular 
commercial use today can trace their origins back to basic 
research funded by NSF. It is the Committee's hope that such 
commercial applications of taxpayer-funded research would 
always benefit the domestic economy, but there are occasions 
where such applications are used instead for the production of 
goods and services (and, therefore, jobs) overseas. NSF lacks 
the means to predict how and where the technology produced from 
its basic research grants will eventually be utilized, but the 
connection between Federal funding and commercial utilization 
is much clearer for Innovation Corps (i-Corps) grants, where a 
potential path to commercialization has already been identified 
and recipients are actively working to transition into the 
marketplace. Therefore, in order to maximize return to the 
taxpayer on i-Corps investments, NSF is directed to require all 
recipients of i-Corps funding to commit to the domestic 
production of the goods or services being commercialized with 
NSF's assistance.
    Neuroscience.--NSF is uniquely positioned to advance the 
nonmedical aspects of cognitive sciences and neurosciences, 
particularly through interdisciplinary research, computational 
models, visualization techniques, innovative technologies, and 
the underlying data and data infrastructure needed to transform 
our understanding of these areas. To help focus and coordinate 
future investments in this area, the Committee encourages NSF 
to establish a neuroscience crosscutting budget theme, in 
conjunction with the interagency Neuroscience Working Group 
that is being established by OSTP through the NSTC.
    Management of scientific facilities.--It is the policy of 
the National Science Board (NSB) that all NSF awards should be 
made through peer-reviewed competition and recompetition in 
order to best serve the interests of science and education. The 
Committee understands, however, that the NSB has also endorsed 
a modified recompetition policy for major facilities awards 
that is intended to prevent the interruption of significant 
construction projects underway at the time that an award 
expires. While the Committee supports this policy, it must be 
carefully exercised in order to ensure that noncompetitive 
award extensions are not overused in the name of programmatic 
continuity. Consequently, NSF shall report to the Committees on 
Appropriations on plans for recompeting all major facilities 
awards set to expire within five years of the enactment of this 
Act. This report shall be provided no later than 90 days after 
the enactment of this Act.
    The Committee notes that the utilization of 
interdisciplinary research facilities does not always align 
with the way these facilities are budgeted. For example, one 
research division may provide all of the operations and 
maintenance funding for a facility that supports scientific 
activity across several other divisions. The misalignment 
between a facility's users and its funding source reduces 
transparency in NSF's budget request and places a potentially 
unsustainable burden on the funding division. NSF shall report 
to the Committees on Appropriations with a listing of all 
active NSF-funded interdisciplinary research facilities, a 
description of the source(s) of funding support for each 
facility and an analysis of the utilization of each facility by 
research division. The report should also include a description 
of options for addressing the issues presented by any 
misalignment of facilities utilization and funding and NSF's 
assessment of those options. This report shall be provided no 
later than 120 days after the enactment of this Act.

          MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

    The Committee recommends $196,170,000 for Major Research 
Equipment and Facilities Construction (MREFC), which is 
$29,115,000 above fiscal year 2012 and the same as the request.
    Funding profiles.--Significant peaks and valleys in 
projected MREFC spending make it difficult for NSF and the 
Committee to anticipate and accommodate critical funding needs 
over time. The Committee encourages NSF to continue managing 
the transition of projects in and out of the MREFC account, as 
well as their phasing while under construction, to maintain a 
relatively steady overall account profile from year to year.
    Project contingency funding.--NSF has been engaged in a 
lengthy discussion process with the NSF OIG to resolve an 
ongoing dispute about project contingency budgets. Tens of 
millions of dollars of potentially unallowable contingency 
costs hinge on the resolution of this dispute, and the 
Committee believes that it is taking too long for a consensus 
resolution to be reached. NSF is directed to provide the 
Committees on Appropriations with an immediate update on the 
status of efforts to resolve these issues and to provide 
quarterly updates thereafter until such time that NSF and the 
OIG reach an agreement.

                     EDUCATION AND HUMAN RESOURCES

    The Committee recommends $875,610,000 for Education and 
Human Resources (EHR), which is $46,610,000 above fiscal year 
2012 and the same as the request.
    Program changes.--The recommendation incorporates NSF's 
proposed program reductions in the EHR account. The 
reallocation of funds from these reduced programs, combined 
with additional new resources, will allow NSF to expand its 
efforts in strategic education research, workforce development 
and short-term, goal-oriented education partnerships, such as a 
new joint NSF-Department of Education initiative in K-16 math 
education.
    Broadening participation programs.--The Committee 
recognizes the importance of ensuring that there is a strong 
pipeline of students and workers preparing to pursue STEM-
related careers. The current pipeline, however, fails to take 
full advantage of the potential of substantial portions of the 
population, including women and minorities. To broaden the 
participation of underrepresented populations in STEM education 
programs and, ultimately, the STEM workforce, the Committee has 
provided the requested level for the Historically Black 
Colleges and Universities Undergraduate Program, the Louis 
Stokes Alliance for Minority Participation and the Tribal 
Colleges and Universities Program.
    The Committee has previously asked NSF to consider the 
concept of creating a program within EHR to focus on Hispanic 
Serving Institutions (HSIs). NSF shall provide to the 
Committees on Appropriations a report outlining how the needs 
of HSIs will be addressed in fiscal year 2013 and any plans to 
establish an HSI-focused program in fiscal year 2014. This 
report shall be submitted no later than 120 days after the 
enactment of this Act.
    Advanced Technological Education (ATE).--The Committee 
heard testimony this year from a number of manufacturing 
industry representatives as well as government witnesses about 
critical shortages in technical workers coming out of the 
American vocational education system. However, despite 
unanimity on this concern and a focus on manufacturing-related 
programs in the budget, the NSF request proposes no additional 
resources for ATE, the agency's major technical education 
initiative. The Committee has addressed this oversight by 
providing ATE with $69,000,000, an increase of $5,000,000 above 
both the budget request and the fiscal year 2012 level. This 
increase is offset by a corresponding reduction of $5,000,000 
from the requested amount for the Graduate Research Fellowship 
program, which has grown significantly over the past several 
fiscal years and is still projected to receive a total increase 
of $39,840,000 in the Committee recommendation.
    Best practices in K-12 STEM education.--NSF shall continue 
working to develop and carry out a tracking and evaluation 
methodology to assess the implementation of the recommendations 
contained in the NRC's 2011 report entitled Successful K-12 
STEM Education: Identifying Effective Approaches in Science, 
Technology, Engineering and Mathematics. This work should 
expand on efforts begun using funds provided in fiscal year 
2012.
    STEM-focused K-12 schools.--The Committee notes that recent 
reports of the NRC and the NSB have encouraged education 
researchers and policymakers to give increased consideration to 
STEM-focused K-12 schools as an effective means of increasing 
STEM literacy. With those reports in mind, the Committee 
encourages NSF to work within its existing programs to promote 
opportunities for collaboration between universities or non-
profit research institutions and STEM-focused schools serving 
K-12 students.
    Informal STEM education.--The Committee believes that 
exposure to STEM concepts outside of a traditional school 
setting plays a valuable role in promoting STEM literacy and 
engagement. NSF has proposed a number of changes to its 
Advancing Informal STEM Learning program that are intended to 
increase its focus on innovative learning and engagement 
strategies, especially as these strategies relate to 
underrepresented groups, and the Committee accepts these 
changes. The Committee encourages NSF to work with the informal 
STEM education stakeholder community as it transitions the 
program to ensure that sufficient opportunities exist for 
worthy proposals to compete for funding, including those that 
implement public engagement and non-school programs. Such 
proposals could use a broad range of communication formats and 
experiences, such as mobile and broadcast media, virtual 
learning environments, exhibitions, TV, radio, films, science 
festivals, and citizen science programs.

                 AGENCY OPERATIONS AND AWARD MANAGEMENT

    The Committee recommends $299,400,000 for Agency Operations 
and Award Management, which is the same as fiscal year 2012 and 
the request.
    Contracting.--The Committee supports NSF's efforts to 
improve its acquisitions practices. GAO is currently conducting 
a comprehensive review of those practices and other associated 
issues, and the Committee expects NSF to continue facilitating 
that review and providing GAO with access to all relevant 
information.
    Program evaluation and impact.--The Committee believes that 
NSF and other Federal science agencies need to do a better job 
of systematically documenting the impact of research activities 
on the economy and the achievement of scientific and societal 
goals. The Committee supports efforts to create, test and 
implement an empirical system to accomplish this and encourages 
NSF to continue pursuing these efforts in fiscal year 2013.
    NSF headquarters.--The recommendation includes $3,390,000, 
as requested, for expenses associated with the expiration of 
NSF's current headquarters lease. NSF shall immediately notify 
the Committees on Appropriations if events indicate that these 
funds will be insufficient to accommodate actual costs. The 
Committee also directs NSF to continue working with the General 
Services Administration to ensure that any new lease agreement 
does not result in an undue burden on NSF employees.
    Grants management.--The Committee is concerned that NSF is 
not devoting sufficient resources to grants management 
functions needed to ensure that Federal funds are being 
efficiently and effectively spent. Due to a mismatch between 
the rates of growth in NSF's grant making budget and its grants 
management budget, site visits and other oversight activities 
have decreased while questioned costs and other potential 
indicators of problems have increased.
    In response to an OIG report looking at how NSF was 
addressing these challenges, NSF indicated that it will use its 
annual workforce planning process to assess opportunities for 
streamlining procedures, applying risk-based management 
principles and utilizing other possible tools for strengthening 
oversight while continuing to operate within a constrained 
budget environment. NSF shall report to the Committees on 
Appropriations on the outcome of that workforce planning 
process, including a description of the options considered and 
adopted, as well as their expected impact. The report should be 
submitted no later than 60 days after the completion of the 
planning process.
    Cross-Foundation activities.--The Committee supports NSF's 
efforts to craft cross-Foundation initiatives that leverage the 
resources and capabilities of multiple research divisions and 
overcome disciplinary stovepipes. However, the Committee has 
noted some confusion both in the Congress and the academic 
community about how these cross-Foundation activities, such as 
OneNSF initiatives, are being administered. For example, there 
seems to be no predictable standard for when such an initiative 
will be administered by a consolidated solicitation; whether 
entities such as Federally Funded Research and Development 
Centers are eligible applicants; and whether the amount of 
funding contributed to an initiative by a research division 
will correspond to the amount of grant activity ultimately 
funded in that division's jurisdiction. The Committee 
encourages NSF to promulgate some clear standards and guidance 
on administrative issues surrounding these cross-Foundation 
activities and to share them broadly with interested 
stakeholders.

                  OFFICE OF THE NATIONAL SCIENCE BOARD

    The Committee recommends $4,440,000 for the National 
Science Board, which is the same as fiscal year 2012 and the 
request.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $14,200,000 for the OIG, which is 
the same as fiscal year 2012 and the request.

                        ADMINISTRATIVE PROVISION

    The bill includes a provision that establishes thresholds 
for the transfer of funds.

                                TITLE IV


                            RELATED AGENCIES


                       Commission on Civil Rights


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $9,193,000 for the Commission on 
Civil Rights, which is the same as fiscal year 2012 and 
$207,000 below the request.
    The Committee recommends language, as included in previous 
years, which provides: a limitation of four full-time positions 
under schedule C of the Excepted Service, exclusive of one 
special assistant for each Commissioner; and a prohibition 
against reimbursing Commissioners for more than 75 billable 
days, with the exception of the chairperson, who is permitted 
125 billable days. The Committee also recommends language, 
first included in fiscal year 2012, providing for an inspector 
general for the Commission. The bill specifies that the 
Inspector General (IG) of the Government Accountability Office 
(GAO) shall also serve as the IG of the Commission. The 
Committee recommends a $250,000 transfer from the Commission to 
the GAO IG to carry out this function, which is the same as 
fiscal year 2012 and the request.

                Equal Employment Opportunity Commission


                         SALARIES AND EXPENSES

    The Committee recommends $366,568,000 for the Equal 
Employment Opportunity Commission (EEOC), which is $6,568,000 
above fiscal year 2012 and $7,143,000 below the request. The 
recommendation includes language making up to $29,500,000 
available for payments to State and local enforcement agencies.
    Backlog reduction.--The Committee is pleased with EEOC's 
progress in reducing the backlog of private sector charges. The 
Committee expects the EEOC to continue to prioritize inventory 
reduction and to examine new ways to address the backlog and 
increase productivity. EEOC shall keep the Committee informed 
about its progress in reducing the backlog.

                     International Trade Commission


                         SALARIES AND EXPENSES

    The Committee recommends $83,000,000 for the International 
Trade Commission (ITC), which is $3,000,000 above fiscal year 
2012 and $200,000 above the request.
    Internal controls.--The Committee is pleased with ITC's 
progress in addressing internal control issues. However, ITC 
must continue to take aggressive action to address its 
remaining shortcomings. The Committee directs ITC to submit a 
status report on the actions it has taken to address internal 
control deficiencies no later than 120 days after enactment of 
this Act.
    Cybersecurity.--The ITC handles sensitive and proprietary 
data and therefore is a potential target for cyber attacks. The 
recommendation is $200,000 above the request, and the Committee 
expects these funds to be used to improve ITC's cybersecurity 
posture. The Committee also encourages ITC to work with other 
relevant Federal agencies to inform its actions. As part of the 
cybersecurity report required by the front matter of this 
report, ITC should detail how it plans to use these additional 
funds.
    New courtroom.--In 2011, ITC began the process for 
construction of a new courtroom to handle large increases in 
the number of intellectual property cases. The Committee 
understands that construction was originally scheduled to begin 
in September 2011, but instead began in April 2012. ITC shall 
keep the Committee informed of progress in the construction and 
of any additional delays.

                       Legal Services Corporation


               PAYMENT TO THE LEGAL SERVICES CORPORATION

    The Committee recommends $328,000,000 for the Legal 
Services Corporation (LSC), which is $20,000,000 below fiscal 
year 2012 and $74,000,000 below the request.
    Pro bono legal services.--Obtaining more services at no or 
low cost through private attorney involvement is one means for 
LSC to increase legal aid services. The Committee is pleased 
that LSC launched a pro bono task force in 2011, and urges the 
LSC to implement the recommendations of this task force as it 
continues to work with LSC-funded programs to adopt measures 
aimed at increasing the involvement of private attorneys in the 
delivery of legal services to its clients.

         ADMINISTRATIVE PROVISIONS--LEGAL SERVICES CORPORATION

    The bill continues restrictions on the uses of LSC funding. 
None of the funds appropriated in this Act to the LSC shall be 
expended for any purpose prohibited or limited by, or contrary 
to any of the provisions of, sections 501, 502, 503, 504, 505, 
and 506 of Public Law 105-119, and all funds appropriated in 
this Act to the LSC shall be subject to the same terms and 
conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be 
deemed to refer instead to 2012 and 2013, respectively.
    Unauthorized uses of funds.--The Committee remains 
concerned about LSC grantees' use of funds for unauthorized 
activities. Because LSC routinely testifies that it lacks funds 
to serve all of the many low income Americans in need of civil 
legal assistance, it is critical that LSC grantees not squander 
funds on political activism or other unauthorized activities. 
Grantee actions violating the letter--or the spirit--of LSC 
statutes undermine support for LSC funding. The Committee 
continues to hear about such cases and will refer them to the 
LSC IG and LSC management, as appropriate. The Committee 
expects LSC to examine such matters and report back to the 
Committee. The Committee again encourages the LSC Inspector 
General to conduct annual audits of LSC grantees to ensure that 
funds are not being used in contravention of funding 
restrictions, and again recommends the removal of funds from 
any LSC grantee found engaging in political or other 
unauthorized activities. The Committee also directs LSC to 
report, not later than 120 days after enactment of this Act, on 
the proactive steps it takes to ensure grantees do not engage 
in political activism or other unauthorized activities.
    Allocation of basic field grants.--The bill includes 
language making a technical change to the allocation formula 
for basic field grants. The Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations 
Act, 1996 (Public Law 104-134) required that the allocation for 
grantees in each geographic area be based on poverty statistics 
from the ``most recent decennial census.'' The Census Bureau 
has since stopped collecting poverty data in the decennial 
census and instead collects those data in the American 
Community Survey (ACS). The recommended language alters the 
formula to reflect this shift. Since ACS data are released more 
frequently, the language allows reallocation of funding every 
three years.

                        Marine Mammal Commission


                         SALARIES AND EXPENSES

    The Committee recommends $3,025,000 for the Marine Mammal 
Commission, which is the same as fiscal year 2012 and $56,000 
below the request.

            Office of the United States Trade Representative


                         SALARIES AND EXPENSES

    The Committee recommends $51,251,000 for the Office of the 
U.S. Trade Representative (USTR), which is the same as fiscal 
year 2012 and $1,790,000 below the request.
    Quarterly staffing reports.--The Committee directs the USTR 
to provide quarterly reports to the Committee, not later than 
30 days after the end of each quarter, on projected and actual 
staffing at USTR, to include detail on the number of full time 
equivalents by program initiative as well as on the number of 
critical vacancies. These reports should also provide an 
assessment of current staffing in China with respect to 
enforcement needs. The first such report shall be submitted no 
later than January 30, 2013.
    China.--The Committee expects that USTR will coordinate and 
implement a comprehensive and robust strategy to address the 
trade imbalance with China. Within the amounts provided, the 
USTR is encouraged to hire sufficient staff who can translate 
trade documents that USTR receives from China. The Committee 
believes that USTR should have its own translators on staff 
given the challenges associated with enforcing existing U.S. 
trade laws with China.
    Interagency Trade Enforcement Center (ITEC).--Within the 
amounts provided, the Committee includes funds for the ITEC 
established during fiscal year 2012. The Committee supports the 
goal of more rigorous trade enforcement, but has concerns about 
the implementation of ITEC. The Committee believes the ITEC 
proposal was poorly developed and justified, especially given 
USTR's existing mandate to coordinate trade efforts--including 
trade enforcement--across the government. The Committee directs 
USTR to continue to submit detailed budget information on a 
monthly basis detailing the execution of ITEC funding. In 
addition, the Committee directs USTR to report no later than 
180 days after enactment of this Act on performance goals, 
timeframes for achieving these goals, as well as a discussion 
of how USTR intends to support ITEC in the future. The 
Committee also directs USTR to include in its quarterly 
staffing reports details of ITEC projected and actual staffing, 
including details on USTR and International Trade 
Administration assignees and on detailees from other agencies.
    Non-tariff barriers.--In August 2011, the Chinese Ministry 
of Commerce finalized new rules restricting foreign investment 
in sectors it deems critical to national security. The 
Committee shares USTR's concerns about ambiguity in this 
regulation, which does not actually define ``national 
security.'' The Committee fears this regulation could be used 
by China's central planners as a tool to limit U.S. investment 
in China. The Committee is also concerned that subsidies 
provided to Chinese industry may be in violation of World Trade 
Organization (WTO) agreements. The Committee is pleased USTR 
has engaged with China regarding these subsidies and encourages 
USTR to continue investigation and, as appropriate, pursuit of 
cases at the WTO. The Committee directs USTR to report no later 
than 120 days after enactment of this Act regarding the steps 
it has taken to address these matters.
    Report on China's WTO compliance.--The Committee directs 
USTR to include conclusions and recommendations in the report 
required under section 421 of the U.S.-China Relations Act of 
2000 (Public Law 106-286) beginning in the 2012 report and each 
year thereafter.
    Free trade agreements.--The Committee welcomes the passage 
into law of the long-pending free trade agreements with South 
Korea, Colombia, and Panama. The Committee is encouraged by the 
work being done on the Trans Pacific Partnership (TPP) and 
directs the USTR to complete the TPP in an expeditious manner 
so that it may be submitted to Congress for ratification. The 
Committee further directs the USTR to continue to pursue free 
trade agreements with additional countries and trading blocs to 
continue advancing trade to and from the United States.

                        State Justice Institute


                         SALARIES AND EXPENSES

    The Committee recommends $5,121,000 for the State Justice 
Institute, which is the same as fiscal year 2012 and the 
request.

                                TITLE V


                           GENERAL PROVISIONS


                        (INCLUDING RESCISSIONS)

    Section 501 prohibits the use of funds for publicity or 
propaganda purposes unless expressly authorized by law.
    Section 502 prohibits any appropriation contained in this 
Act from remaining available for obligation beyond the current 
fiscal year unless expressly authorized.
    Section 503 provides that the expenditure of any 
appropriation contained in the Act for any consulting service 
through procurement contracts shall be limited to those 
contracts where such expenditures are a matter of public record 
and available for public inspection, except where otherwise 
provided under existing law or under existing Executive Order 
issued pursuant to existing law.
    Section 504 provides that if any provision of this Act or 
the application of such provision to any person or circumstance 
shall be held invalid, the remainder of the Act and the 
application of other provisions shall not be affected.
    Section 505 prohibits a reprogramming of funds that: (1) 
creates or initiates a new program, project or activity; (2) 
eliminates a program, project, or activity; (3) increases funds 
or personnel by any means for any project or activity for which 
funds have been denied or restricted; (4) relocates offices or 
employees; (5) reorganizes or renames offices, programs or 
activities; (6) contracts out or privatizes any function or 
activity presently performed by Federal employees; (7) augments 
funds for existing programs, projects or activities in excess 
of $500,000 or 10 percent, whichever is less, or reduces by 10 
percent funding for any program, project, or activity, or 
numbers of personnel by 10 percent; or (8) results from any 
general savings, including savings from a reduction in 
personnel, which would result in a change in existing programs, 
activities, or projects as approved by Congress, unless the 
House and Senate Committees on Appropriations are notified 15 
days in advance of such reprogramming of funds.
    Section 506 provides that if it is determined that any 
person intentionally affixes a ``Made in America'' label to any 
product that was not made in America that person shall not be 
eligible to receive any contract or subcontract made with funds 
made available in this Act. The section further provides that 
to the extent practicable, with respect to purchases of 
promotional items, funds made available under this Act shall be 
used to purchase items manufactured, produced or assembled in 
the United States or its territories or possessions.
    Section 507 requires quarterly reporting to Congress on the 
status of balances of appropriations.
    Section 508 provides that any costs incurred by a 
department or agency funded under this Act resulting from, or 
to prevent, personnel actions taken in response to funding 
reductions in the Act shall be absorbed with the budgetary 
resources available to the department or agency, and provides 
transfer authority between appropriation accounts to carry out 
this provision, subject to reprogramming procedures.
    Section 509 prohibits funds made available in this Act from 
being used to promote the sale or export of tobacco or tobacco 
products or to seek the reduction or removal of foreign 
restrictions on the marketing of tobacco products, except for 
restrictions which are not applied equally to all tobacco or 
tobacco products of the same type. This provision is not 
intended to impact routine international trade services to all 
U.S. citizens, including the processing of applications to 
establish foreign trade zones.
    Section 510 delays the obligation of any receipts deposited 
into the Crime Victims Fund in excess of $720,000,000 until 
October 1, 2013. This represents an increase of $15,000,000 
above the fiscal year 2012 level of obligations. This language 
is continued to ensure that a stable source of funds will 
remain available for the program, despite inconsistent levels 
of criminal fines deposited annually into the Fund.
    Section 511 prohibits the use of Department of Justice 
funds for programs that discriminate against or denigrate the 
religious or moral beliefs of students participating in such 
programs.
    Section 512 prohibits the transfer of funds in the Act to 
any department, agency or instrumentality of the United States 
Government, except for transfers made by, or pursuant to 
authorities provided in, this Act or any other appropriations 
Act.
    Section 513 provides that funds provided for E-Government 
Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Section 514 permanently requires the Bureau of Alcohol, 
Tobacco, Firearms and Explosives to include specific language 
in any release of tracing study data that makes clear that 
trace data cannot be used to draw broad conclusions about 
firearms-related crimes.
    Section 515 requires certain timetables and procedures for 
specified audits performed by inspectors general of the 
departments and agencies funded in this Act and sets limits and 
restrictions on the awarding and use of grants or contracts 
funded by amounts appropriated by this Act.
    Section 516 prohibits funds for information technology 
acquisitions unless the acquiring department or agency has 
assessed the risk of cyber-espionage or sabotage. Each 
department or agency covered under section 516 shall submit a 
quarterly report to the Committees on Appropriations describing 
assessments made pursuant to this section and any associated 
findings or determinations of risk. Any acquisition of 
information technology produced by entities that are owned, 
directed or subsidized by the People's Republic of China must 
be preceded by a determination that the acquisition is in the 
national interest.
    Section 517 prohibits the use of funds in this Act to 
support or justify the use of torture by any official or 
contract employee of the United States Government.
    Section 518 permanently prohibits the use of funds to 
require certain export licenses.
    Section 519 permanently prohibits the use of funds to deny 
certain import applications regarding ``curios or relics'' 
firearms, parts, or ammunition.
    Section 520 prohibits the use of funds to include certain 
language in trade agreements.
    Section 521 prohibits the use of funds in this Act to 
authorize or issue a National Security Letter (NSL) in 
contravention of certain laws authorizing the Federal Bureau of 
Investigation to issue NSLs.
    Section 522 requires congressional notification regarding 
any project within the Departments of Commerce or Justice, or 
the National Science Foundation and the National Aeronautics 
and Space Administration totaling more than $75,000,000 that 
has cost increases of at least 10 percent.
    Section 523 deems funds for intelligence or intelligence 
related activities as authorized by Congress during fiscal year 
2013 until the enactment of the Intelligence Authorization Act 
for fiscal year 2013.
    Section 524 requires the departments and agencies funded in 
this Act to establish and maintain on the homepages of their 
Internet websites direct links to the websites of their Offices 
of Inspector General, and a mechanism by which individuals may 
anonymously report cases of waste, fraud or abuse.
    Section 525 prohibits contracts or grant awards in excess 
of $5,000,000 unless the prospective contractor or grantee 
certifies that the organization has filed Federal tax returns, 
has not been convicted of a criminal offense under the Internal 
Revenue Code of 1986, and has no unpaid Federal tax assessment, 
except in specified circumstances.

                             (RESCISSIONS)

    Section 526 provides for rescissions of unobligated 
balances in the Department of Justice. The rescission of 
$64,700,000 from the Federal Prison System, Buildings and 
Facilities account rescinds all remaining balances associated 
with the ``Acquire Existing Institution for Higher Security 
FSI'' project.
    Section 527 prohibits the use of funds in this Act for the 
purchase of first class or premium air travel.
    Section 528 prohibits the use of funds to pay for the 
attendance of more than 50 department or agency employees at 
any single conference outside the United States, unless the 
conference is a law enforcement training or operational event 
where the majority of Federal attendees are law enforcement 
personnel stationed outside the United States.
    Section 529 prohibits the use of funds in this or any other 
Act for the transfer or release of certain individuals detained 
at United States Naval Station, Guantanamo Bay, Cuba, to or 
within the United States, its territories or possessions.
    Section 530 prohibits the use of funds in this or any other 
Act to construct, acquire or modify any facility in the United 
States, its territories, or possessions to house certain 
individuals who, as of June 24, 2009, were located at United 
States Naval Station, Guantanamo Bay, Cuba for the purposes of 
detention or imprisonment in the custody or control of the 
Department of Defense.
    Section 531 prohibits the distribution of funds contained 
in this Act to the Association of Community Organizations for 
Reform Now or its subsidiaries.
    Section 532 requires, when practicable, the use of funds in 
this Act to purchase light bulbs that have the ``Energy Star'' 
or ``Federal Energy Management Program'' designation.
    Section 533 requires tracking and reporting of undisbursed 
balances in expired grant accounts.
    Section 534 prohibits the use of funds by the National 
Aeronautics and Space Administration (NASA) or the Office of 
Science and Technology Policy (OSTP) to engage in bilateral 
activities with China or a Chinese-owned company unless the 
activities are authorized by subsequent legislation or NASA or 
OSTP have made a certification pursuant to subsections (c) and 
(d) of this section.
    Section 535 specifies reporting requirements for certain 
conferences held by any department, agency, board or commission 
funded by this Act.
    Section 536 prohibits funds made available by this Act from 
being used to deny the importation of shotgun models if no 
application for the importation of such models, in the same 
configuration, had been denied prior to January 1, 2011, on the 
basis that the shotgun was not particularly suitable for or 
readily adaptable to sporting purposes.
    Section 537 prohibits the use of funds to establish or 
maintain a computer network that does not block pornography, 
except for law enforcement purposes.
    Section 538 prohibits funds made available by this Act from 
being used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, 
or provide a loan or loan guarantee to, any corporation that 
was convicted of a felony criminal violation under any Federal 
law within the preceding 24 months.
    Section 539 prohibits funds made available by this Act from 
being used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, 
or provide a loan or loan guarantee to, any corporation that 
has any unpaid Federal tax liability that has been assessed, 
for which all judicial and administrative remedies have been 
exhausted or have lapsed, and that is not being paid in a 
timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability.
    Section 540 prohibits funds in this Act from being used to 
implement, administer, or enforce Equal Employment Opportunity 
Commission regulations on ``Disparate Impact and Reasonable 
Factors Other Than Age Under the Age Discrimination in 
Employment Act''.

                       SPENDING REDUCTION ACCOUNT

    Section 541 establishes a Spending Reduction Account, as 
required by clause 2(j) of rule XXI of the Rules of the House 
of Representatives.

            House of Representatives Reporting Requirements

    The following materials are submitted in accordance with 
various requirements of the Rules of the House of 
Representatives:

                          Full Committee Vote



         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding: The Committee on Appropriations considers 
program performance, including a program's success in 
developing and attaining outcome-related goals and objectives, 
in developing funding recommendations.

                          Rescission of Funds

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the rescissions recommended in the accompanying 
bill:

 
 
 
DOJ, Working Capital Fund.............................       $26,000,000
DOJ, Assets Forfeiture Fund...........................       675,000,000
ATF, Violent Crime Reduction Program..................         1,028,000
FPS, Buildings and facilities.........................        64,700,000
Violence Against Women Prevention and Prosecution             12,000,000
 Programs.............................................
Office of Justice Programs............................        43,000,000
Community Oriented Policing Services..................        12,200,000
 

                           Transfers of Funds

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following is submitted describing 
the transfers of funds provided in the accompanying bill:
    In title I, under U.S. Patent and Trademark Office, 
Salaries and Expenses, language is included to transfer funds 
to the Civil Service Retirement and Disability Fund, the 
Federal Employees Health Benefit Fund, and the Federal 
Employees Group Life Insurance Fund.
    Under National Oceanic and Atmospheric Administration, 
Operations, Research, and Facilities, language is included to 
transfer funds from the Promote and Develop Fishery Products 
and Research Pertaining to American Fisheries fund.
    In title II, under General Administration, Administrative 
Review and Appeals, language is included to transfer funds to 
the Executive Office for Immigration Review from fees deposited 
in the Immigration Examinations Fee account.
    Under United States Marshals Service, Federal Prisoner 
Detention, language is included transferring available 
unobligated balances from General Administration, Detention 
Trustee to this new account.
    Under Federal Prison System, Salaries and Expenses, 
language is included to allow the transfer of funds to the 
Health Resources and Services Administration.
    In title IV, under Commission on Civil Rights, Salaries and 
Expenses, language is included to transfer funds to the Office 
of Inspector General of the Government Accountability Office.

   Disclosure of Earmarks and Congressionally Directed Spending Items

    Neither the bill nor the report contains any Congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9 of rule XXI of the Rules of the House of 
Representatives.

          Compliance With Rule XIII, CL. 3(e) (Ramseyer Rule)

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

  SECTION 105 OF THE COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2012

    Sec. 105. (a) * * *

           *       *       *       *       *       *       *

    (f) NOAA shall complete an analysis initiated under 
[paragraph (2)] subsection (e)(2) not later than 6 months after 
the Under Secretary makes a determination under [this 
subsection] subsection (e). The Under Secretary shall transmit 
the analysis to the appropriate congressional committees not 
later than 30 days after its completion.

           *       *       *       *       *       *       *

                              ----------                              


   SECTION 1105 OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
                       AUTHORIZATION ACT OF 2010


SEC. 1105. WORKFORCE STABILIZATION AND CRITICAL SKILLS PRESERVATION.

    Prior to receipt by the Congress of the study, 
recommendations, and implementation strategy developed pursuant 
to section 1103, none of the funds authorized for use under 
this Act may be used to transfer the functions, missions, or 
activities, and associated civil service and contractor 
positions, from any NASA facility without authorization by the 
Congress to implement the proposed strategy. The Administrator 
shall preserve the critical skills and competencies in place at 
NASA centers prior to enactment of this Act in order to 
facilitate timely implementation of the requirements of this 
Act and to minimize disruption to the workforce. [The 
Administrator may not implement any reduction-in-force or other 
involuntary separations of permanent, non-Senior-Executive-
Service, civil servant employees before September 30, 2013, 
except for cause on charges of misconduct, delinquency, or 
inefficiency.]

           *       *       *       *       *       *       *

                              ----------                              


             SECTION 30102 OF TITLE 51, UNITED STATES CODE


Sec. 30102. Working capital fund

    (a) * * *

           *       *       *       *       *       *       *

    (c) Contents.--The capital of the fund consists of--
          (1) * * *
          (2) the reasonable value of stocks of supplies, 
        equipment, and other assets and inventories on order 
        that the Administrator transfers to the fund, less the 
        related liabilities and unpaid obligations; [and]
          (3) payments received for loss or damage to property 
        of the fund[.]; and
          (4) refunds or rebates received on an on-going basis 
        from a credit card services provider under the National 
        Aeronautics and Space Administration's credit card 
        programs. 

           *       *       *       *       *       *       *

                              ----------                              


  SECTION 501 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 
        JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1996


         ADMINISTRATIVE PROVISIONS--LEGAL SERVICES CORPORATION

    Sec. 501. (a) Funds appropriated under this Act to the 
Legal Services Corporation for basic field programs shall be 
distributed as follows:
          (1) * * *
          (2) Funds for grants from the Corporation, and 
        contracts entered into by the Corporation for basic 
        field programs, shall be allocated so as to provide--
                  (A) except as provided in subparagraph (B), 
                an equal figure per individual in poverty for 
                all geographic areas, as determined [on the 
                basis of the most recent decennial census of 
                population conducted pursuant to section 141 of 
                title 13, United States Code] triennially by 
                the Bureau of the Census (or, in the case of 
                the Republic of Palau, the Federated States of 
                Micronesia, the Republic of the Marshall 
                Islands, Alaska, Hawaii, and the United States 
                Virgin Islands, on the basis of the adjusted 
                population counts historically used as the 
                basis for such determinations); and

           *       *       *       *       *       *       *


               Changes in the Application of Existing Law

    Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of 
the House of Representatives, the following statements are 
submitted describing the effect of provisions in the 
accompanying bill which directly or indirectly change the 
application of existing law:
    Language is included for a number of accounts which places 
limitations on representation and reception allowances in order 
to reduce the amount of money that would otherwise be spent on 
these activities. The bill also provides that a number of 
appropriations shall remain available for obligation beyond the 
current fiscal year. While these provisions are not 
specifically authorized for all of the items, it is deemed 
desirable to include such language for certain programs in 
order to provide for orderly administration and effective use 
of funds.
    In title I, Department of Commerce, under International 
Trade Administration, Operations and Administration, language 
is included providing that funds may be used for engaging in 
trade promotion activities abroad, including expenses of grants 
and cooperative agreements for the purposes of promoting 
exports of U.S. firms. Language is also provided allowing for 
full medical coverage for dependent members of immediate 
families of employees stationed overseas and employees 
temporarily posted overseas; travel and transportation of 
employees of the International Trade Administration; employment 
of Americans and aliens by contract for services; rental of 
space abroad and expenses of alteration, repair, or 
improvement; purchase or construction of temporary demountable 
exhibition structures for use abroad; and payment of tort 
claims. In addition, language is included regarding official 
representation expenses abroad, purchase of passenger motor 
vehicles for official use abroad, obtaining insurance on 
official motor vehicles, and rental of tie lines. Language is 
also recommended deriving a portion of available funds from 
fees. Furthermore, language is included designating funding for 
China antidumping and countervailing duty enforcement and 
compliance activities. Moreover, language is included providing 
for two-year availability of funds. Finally, language is 
included regarding the contribution to the Mutual Educational 
and Culture Exchange Act of 1961 to include payment for 
assessment.
    Under Bureau of Industry and Security, Operations and 
Administration, the language provides for no-year availability 
of funds. Language is included regarding the costs associated 
with the performance of export administration field activities 
both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for 
services abroad; payment of tort claims; official 
representation expenses abroad; awards of compensation to 
informers; and purchase of passenger motor vehicles for 
official use and motor vehicles for law enforcement use without 
regard to any price limitation established by law. In addition, 
language is included regarding the Mutual Educational and 
Cultural Exchange Act of 1961. Finally, language is recommended 
providing that payments and contributions collected and 
accepted for materials or services may be retained for use in 
covering the cost of those activities and other communications.
    Under Economic Development Administration, Economic 
Development Assistance Programs, the language provides for no-
year availability of funds. Language is also included 
specifying amounts for certain grants and loan guarantees. In 
addition, language is included providing that the cost of 
modifying certain loan guarantees be as defined in section 502 
of the Congressional Budget Act of 1974. Finally, the account 
includes language limiting funds available to subsidize total 
loan principal.
    Also, under Salaries and Expenses, language is included 
regarding the monitoring of approved projects.
    Under Minority Business Development Agency, Minority 
Business Development, language is included making funds 
available for fostering, promoting, and developing minority 
business enterprises, including expenses of grants, contracts 
and other agreements.
    Under Economic and Statistical Analysis, Salaries and 
Expenses, language is included providing for two-year 
availability of funds.
    Under Bureau of the Census, Salaries and Expenses, language 
is included providing that funds may be used for collecting, 
compiling, analyzing, preparing and publishing statistics and 
for promotion, outreach and marketing activities.
    Also, under Periodic Censuses and Programs, language is 
included providing two-year availability of funds. Language is 
also included providing that funds may be used for collecting, 
compiling, analyzing, preparing and publishing statistics and 
for promotion, outreach and marketing activities.
    Under National Telecommunications and Information 
Administration, Salaries and Expenses, language is included 
providing for two-year availability of funds. Language is also 
included permitting the Secretary of Commerce to charge Federal 
agencies for costs in spectrum management, analysis, 
operations, and related services; and to use such collections 
in telecommunications research. The language also allows the 
Secretary to retain and use as offsetting collections all funds 
transferred, or previously transferred for telecommunications 
research, engineering and activities by the Institute for 
Telecommunication Sciences of NTIA. Finally, language is 
included providing that funds so transferred shall remain 
available until expended.
    Also, under Public Telecommunications Facilities, Planning 
and Construction, language is included allowing recoveries and 
unobligated balances of funds previously appropriated to be 
available for the administration of all open grants until their 
expiration.
    Under Patent and Trademark Office, Salaries and Expenses, 
language is included providing that appropriated funds be 
reduced as offsetting collections are assessed and collected. 
The language also provides that funds received in excess of 
appropriations be deposited in a Patent and Trademark Fee 
Reserve fund, to be available until expended pursuant to the 
Director submitting a spending plan subject to section 505 of 
this Act. In addition, language is included limiting 
representation expenses. Language is also included regarding 
basic pay and certain retirement benefits. Additional language 
is included regarding USPTO's financial statements. 
Furthermore, language is included providing that fees and 
surcharges charged are available to USPTO pursuant to section 
42(c) of title 35, United States Code. Finally, the language 
provides that an amount be transferred to the Inspector 
General.
    Under National Institute of Standards and Technology, 
Scientific and Technical Research and Services, language is 
included providing for no-year availability of funds. In 
addition, language is included allowing transfers to the 
working capital fund. Finally, language is included limiting 
funds for official reception and representation expenses.
    Also, under Industrial Technology Services, language is 
included providing no-year availability of funds. The language 
also designates an amount for the Manufacturing Extension 
Partnership and for the Advanced Manufacturing Technology 
Consortia.
    In addition, under Construction of Research Facilities, 
language is included providing for no-year availability of 
funds. Language is also included regarding the submission of 
certain materials in support of construction budget requests.
    Under National Oceanic and Atmospheric Administration, 
Operations, Research, and Facilities, language is included 
allowing for two-year availability for funds, expect for 
cooperative enforcement funds, which are available for three 
years. Language is also included allowing maintenance, 
operation, and hire of aircraft and vessels; grants, contracts, 
or other payments to nonprofit organizations for the purposes 
of conducting activities pursuant to cooperative agreements; 
and relocation of facilities. Language is included allowing 
fees and donations received by a particular office to be 
retained and used for expenses related to certain activities. 
In addition, language is included that provides that certain 
funds be derived from various sources. Furthermore, language is 
included limiting the amount of funds that can be provided for 
corporate services administrative support. Moreover, language 
is included specifying that deviations from amounts included in 
the report accompanying the Act shall be subject to section 505 
of this Act. Finally, language is included providing for 
retired pay expenses.
    Also, under Procurement, Acquisition and Construction, 
language is included providing for three-year availability for 
funds, except for construction funds, which are available until 
expended. Language is also included providing that certain 
funds be derived from various sources. In addition, language is 
included specifying that deviations from amounts included in 
the report accompanying the Act shall be subject to section 505 
of this Act. Finally, language is included regarding the 
submission of certain materials in support of construction 
budget requests.
    In addition, under Pacific Coastal Salmon Recovery, 
language is included providing for two-year availability of 
funds. Language is also included allowing the Secretary of 
Commerce to issue grants to specific States and Federally-
recognized tribes for conservation projects for listed 
endangered or threatened salmon and steelhead populations, 
populations at risk to be so listed, and for maintaining 
populations necessary for the exercise of tribal treaty fishing 
rights, and for conservation of Pacific coastal salmon and 
steelhead habitat, to be allocated under scientific and merit 
principles and not available for marketing activities; and 
requiring a State match.
    Furthermore, under Fishermen's Contingency Fund, language 
is included providing for the appropriation of funds to be 
derived from receipts collected pursuant to title IV of Public 
Law 95-372.
    Moreover, under Fisheries Finance Program Account, language 
is included placing limitations on individual fishing quota 
loans and traditional direct loans. Language is also included 
that prohibits direct loans for any new fishing vessel that 
will increase the harvesting capacity in any U.S. fishery.
    Under Departmental Management, Salaries and Expenses, 
language is included limiting funds for official reception and 
representation expenses. In addition, language is included 
continuing a task force on job repatriation and manufacturing 
growth.
    Under Department of Commerce, General Provisions, the 
following general provisions that fall within the rule are 
recommended:
    Section 101 makes funds available for advanced payments 
only upon certification of officials, designated by the 
Secretary, that such payments are considered to be in the 
public interest.
    Section 102 makes appropriations for the Department for 
Salaries and Expenses available for hire of passenger motor 
vehicles, for services, and for uniforms and allowances 
therefor as authorized by law.
    Section 103 provides the authority to transfer funds 
between Department of Commerce appropriation accounts and 
requires notification to the Committee of certain actions.
    Section 104 provides that any costs incurred by the 
Department in response to funding reductions shall be absorbed 
within the total budgetary resources available to the 
Department and shall be subject to the reprogramming 
limitations set forth in this Act.
    Section 105 extends Congressional notification requirements 
for NOAA satellite programs.
    Section 106 provides for reimbursement for services within 
Department of Commerce buildings.
    Section 107 clarifies that grant recipients under the 
Department of Commerce may continue to deter child pornography, 
copyright infringement, or any other unlawful activity over 
their networks.
    Section 108 provides the Administrator with the authority 
to avail NOAA of needed resources, with the consent of those 
supplying the resources, to carry out responsibilities of any 
statute administered by NOAA.
    Section 109 specifies certain reporting requirements.
    In title II, Department of Justice, under General 
Administration, Salaries and Expenses, language is included 
providing for an amount for security and construction of 
Department of Justice facilities remain available until 
expended.
    Also, under Justice Information Sharing Technology, 
language is included providing that funds be available until 
expended.
    In addition, under Administrative Review and Appeals, 
language is included providing that an amount shall be derived 
by transfer from the Executive Office for Immigration Review 
fees deposited in the ``Immigration Examinations Fee'' account.
    Moreover, under Office of Inspector General, language is 
included providing for not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character.
    Under Legal Activities, Salaries and Expenses, General 
Legal Activities, language is included providing not to exceed 
$20,000 for expenses of collecting evidence, to be expended 
under the direction of, and to be accounted for solely under 
the certificate of, the Attorney General. Language is also 
included providing for rental of space in the District of 
Columbia. Language is included making an amount available until 
expended for litigation support contracts. In addition, 
language is included limiting the amount of funds for official 
representation and reception expenses available to INTERPOL 
Washington. Furthermore, language is included allowing, upon a 
determination by the Attorney General that emergent 
circumstances require additional funding for litigation 
activities of the Civil Division, the Attorney General to 
transfer funds to this account from available appropriations 
for the current fiscal year for the Department of Justice, as 
may be necessary to respond to such circumstances. Moreover, 
language is included providing funds to reimburse the Office of 
Personnel Management for expenses associated with the election 
monitoring program and providing for extended availability. 
Finally, language is included for expenses associated with 
processing cases under the National Childhood Vaccine Injury 
Act of 1986.
    Also, under Salaries and Expenses, Antitrust Division, 
language is included providing for no-year availability of 
funds. The language also provides that fees collected for 
premerger notification filings, regardless of the year of 
collection, shall be retained and used for necessary expenses 
in this appropriation, and shall remain available until 
expended.
    In addition, under Salaries and Expenses, United States 
Attorneys, language is included regarding inter-governmental 
and cooperative agreements and limiting funds for official 
reception and representation expenses. Language is also 
included extending the availability of certain funds. Finally, 
language is included requiring each United States Attorney to 
establish a task force on human trafficking.
    Furthermore, under United States Trustee System Fund, 
language is included regarding refunds due depositors. Language 
is also included providing for the extended availability of 
certain funds and the use of offsetting collections.
    Moreover, under Fees and Expenses of Witnesses, language is 
included regarding contracts for the procurement and 
supervision of expert witnesses. In addition, language is 
included regarding funds for construction of buildings for 
safesites, armored and other vehicles, and telecommunication 
equipment. The language also provides for no-year availability 
of funds.
    And under Salaries and Expenses, Community Relations 
Service, language is included regarding the transfer of funds 
for conflict resolution and violence prevention activities, 
which shall be subject to the provisions of section 505 of this 
Act.
    Under United States Marshals Service, Salaries and 
Expenses, language is included limiting official reception and 
representation expenses, and providing for no-year availability 
for part of the appropriation.
    Also, under Construction, language is included providing 
for no-year availability.
    In addition, under Federal Prisoner Detention, language is 
included providing for no-year availability. Language is also 
included providing that the Trustee shall be responsible for 
managing the Justice Prisoner and Alien Transportation System. 
In addition, language is included limiting the amount of funds 
considered ``funds appropriated for State and local law 
enforcement assistance''. Finally, language is included 
transferring available unobligated balances from General 
Administration, Detention Trustee to this new account.
    Under National Security Division, Salaries and Expenses, 
language is included providing for the no-year availability of 
funds for IT systems. Language is also included providing that 
upon a determination by the Attorney General that emergent 
circumstances require additional funding for the activities of 
the National Security Division, the Attorney General may 
transfer such amounts to this heading from available 
appropriations for the current fiscal year for the Department 
of Justice, as may be necessary to respond to such 
circumstances. The language provides such a transfer be treated 
as a reprogramming under section 505 of this Act.
    Under Interagency Law Enforcement, Interagency Crime and 
Drug Enforcement, language is included regarding certain 
reimbursements.
    Under Federal Bureau of Investigation, Salaries and 
Expenses, language is included providing for no-year 
availability of certain funds. Language is also included 
providing for a limitation on representational expenses.
    Under Drug Enforcement Administration, Salaries and 
Expenses, language is included providing for funds to meet 
unforeseen emergencies of a confidential character. Language is 
also included allowing conduct of drug education and training 
programs, including travel and related expenses for 
participants in such programs and the distribution of items of 
token value that promote the goals of such programs. In 
addition, language is included providing for no-year 
availability of certain funds. Finally, language is included 
providing for a limitation on representational expenses.
    Under Bureau of Alcohol, Tobacco, Firearms and Explosives, 
Salaries and Expenses, language is included allowing training 
of State and local law enforcement agencies with or without 
reimbursement, including training in connection with the 
training and acquisition of canines for explosives and fire 
accelerants detection, and allowing provision of laboratory 
assistance to State and local law enforcement agencies, with or 
without reimbursement. Language is also included limiting 
official reception and representation expenses. In addition, 
language is included providing funds for the payment of 
attorneys' fees. In addition, language is included providing 
for no-year availability of certain funds. Furthermore, 
language is included that permanently prohibits funds to 
implement amendments to section 478.118 of title 27, Code of 
Federal Regulations, change the definition of ``Curios or 
relics'' or remove items from ATF publication 5300.11. 
Additional language is included prohibiting expenses to 
investigate or act upon applications for relief from Federal 
firearms disabilities under section 925(c) of title 18, United 
States Code. Language is further included regarding expenses to 
investigate applications filed by corporations for relief from 
section 925(c) of title 18, United States Code. Moreover, 
language is included that prohibits funds to transfer the 
functions, missions or activities of ATF to other agencies or 
departments. Also, language is included that permanently 
prohibits expenses to promulgate or implement any rule 
requiring a physical inventory of licensed businesses. Finally, 
language is included that permanently prohibits expenses to 
deny an application for certain licenses.
    Under Federal Prison System, Salaries and Expenses, 
language is included that provides for the transfer to the 
Health Resources and Services Administration funds necessary 
for medical relief for inmates. Language is also included that 
provides authority to the Director to enter into contracts to 
furnish health care. In addition, language is included placing 
a limitation on funds for reception and representation 
expenses. Furthermore, language is included extending the 
availability of certain funds. Moreover, language is included 
providing for the use of certain funds for the care and 
security of Cuban and Haitian entrants. Finally, language is 
included providing authority for the Federal Prison System to 
accept donated property and services.
    Also, in Building and Facilities, language is included 
providing for no-year availability of funds and establishing 
maximum and minimum funding levels for certain activities. 
Language is also included stating labor of prisoners may be 
used for work under this heading.
    Additionally, under Federal Prison Industries, 
Incorporated, language is included authorizing Federal Prison 
Industries, Incorporated, to make such expenditures, within the 
limits of funds and borrowing authority available, and in 
accord with the law, and to make such contracts and 
commitments, without regard to fiscal year limitations, as may 
be necessary in carrying out the program set forth in the 
budget for the current fiscal year for such corporation, 
including purchase and hire of passenger motor vehicles.
    Furthermore, under Limitation on Administrative Expenses, 
Federal Prison Industries, Incorporated, language is included 
making available funds for its administrative expenses, and for 
certain services, to be computed on an accrual basis to be 
determined in accordance with the corporation's current 
prescribed accounting system, and such amounts shall be 
exclusive of depreciation, payment of claims, and expenditures 
which such accounting system requires to be capitalized or 
charged to cost of commodities acquired or produced, including 
selling and shipping expenses, and expenses in connection with 
acquisition, construction, operation, maintenance, improvement, 
protection, or disposition of facilities and other property 
belonging to the corporation or in which it has an interest.
    Under State and Local Law enforcement Activities, Office on 
Violence Against Women, Violence Against Women Prevention and 
Prosecution Programs, language is included making funds 
available until expended. Language is also included placing a 
limitation on funds to be made available for expenses related 
to evaluation, training, and technical assistance. In addition, 
language is included providing for specific appropriations for 
various programs within the Office on Violence Against Women. 
Furthermore, language is included making available certain 
unobligated balances for specified programs. The language also 
applies certain conditions to specified grants. It provides for 
certain funds to be transferred to ``Research, Evaluation, and 
Statistics'' for administration by the Office of Justice 
Programs. Finally, language is included to establish a national 
clearinghouse that provides training and technical assistance 
on issues relating to sexual assault of American Indian and 
Alaska Native women.
    Under Office of Justice Programs, Research, Evaluation and 
Statistics, language is included to provide for no-year 
availability of funds. Language is also included to provide for 
specific appropriations for various programs within the Office 
of Justice Programs.
    Also, under State and Local Law Enforcement Assistance, 
language is included to provide for no-year availability of 
funds. Language is also included regarding Puerto Rico. In 
addition, language is included regarding a Preventing Violence 
Against Law Enforcement Officer Resilience and Survivability 
Initiative as well as the domestic radicalization phenomenon. 
In addition, language is included regarding Federal immigration 
and other detainees housed in State and local detention 
facilities. Furthermore language is included regarding local 
government use of funds to increase the number of law 
enforcement officers. Finally, the language specifies 
appropriations for various programs within the Office of 
Justice Programs.
    In addition, under Juvenile Justice Programs, language is 
included providing for no-year availability of funds. Language 
is also included regarding research, evaluation, and statistics 
activities designed to benefit the programs or activities 
authorized, with certain exceptions. In addition, language is 
included regarding funds for training and technical assistance, 
with certain exceptions. Furthermore, language is included 
regarding the National ICAC Task Force Program. Finally, the 
language delineates certain amounts for various programs under 
this heading.
    Furthermore, under Public Safety Officer Benefits, language 
is included providing for no-year availability of funds. 
Language is also included providing for the transfers of funds 
in emergent circumstances, which shall be subject to the 
provisions of section 505 of this Act.
    Under Community Oriented Policing Services, Community 
Oriented Policing Services Programs, language is included 
providing for no-year availability of funds. Language is also 
included requiring that balances made available through prior 
year deobligations shall only be available in accordance with 
section 505 of this Act. In addition, language is included 
regarding transfers of funds for anti-methamphetamine 
activities. Furthermore, language is included waiving a 
provision of law that provided that the COPS Hiring Program 
would terminate after September 2000. Finally, language is 
included providing that funding for hiring or rehiring a career 
law enforcement officer may not exceed $125,000 unless the 
Director of the Office of Community Oriented Policing Services 
grants a waiver from this limitation.
    Under Department of Justice, General Provisions, the 
following general provisions that fall within the rule are 
recommended:
    Section 201 makes available additional reception and 
representation funding for the Attorney General from the 
amounts provided in this title.
    Section 202 prohibits the use of funds to pay for an 
abortion, except in the case of rape or to preserve the life of 
the mother.
    Section 203 prohibits the use of funds to require any 
person to perform or facilitate the performance of an abortion.
    Section 204 establishes the obligation of the Director of 
the Bureau of Prisons to provide escort services to an inmate 
receiving an abortion outside of a Federal facility, except 
where this obligation conflicts with the preceding section.
    Section 205 establishes the Committee's requirements and 
procedures for transfer proposals.
    Section 206 authorizes the Attorney General to extend an 
ongoing Personnel Management Demonstration Project.
    Section 207 permanently extends specified authorities to 
the Bureau of Alcohol, Tobacco, Firearms and Explosives for 
undercover operations.
    Section 208 prohibits the use of funds for transporting 
prisoners classified as maximum or high security, other than to 
a facility certified by the Bureau of Prisons as appropriately 
secure.
    Section 209 prohibits the use of funds for the purchase or 
rental by Federal prisons of audiovisual equipment, services 
and materials used primarily for recreational purposes, except 
for those items and services needed for inmate training, 
religious, or educational purposes.
    Section 210 requires review by the Deputy Attorney General 
and the Department Investment Review Board prior to the 
obligation or expenditure of funds for major information 
technology projects.
    Section 211 requires the Department to follow reprogramming 
procedures prior to any deviation from the program amounts 
specified in this title or the reuse of specified deobligated 
funds provided in previous years.
    Section 212 prohibits the use of funds for A-76 
competitions for work performed by employees of the Bureau of 
Prisons or Federal Prison Industries, Inc.
    Section 213 prohibits U.S. Attorneys from holding 
additional responsibilities that exempt U.S. Attorneys from 
statutory residency requirements.
    Section 214 permits up to 3 percent of grant and 
reimbursement program funds made available to the Office of 
Justice Programs to be used for training and technical 
assistance and permits up to 2 percent of grant or reimbursable 
program funds made available to that office to be used for 
criminal justice research, evaluation and statistics.
    Section 215 gives the Attorney General the authority to 
waive matching requirements for Second Chance Act adult and 
juvenile reentry demonstration projects; state, tribal and 
local reentry courts; drug treatment programs; and prison rape 
elimination programs.
    Section 216 waives the requirement that the Attorney 
General reserve certain amounts provided for offender 
incarceration.
    Section 217 prohibits funds, with certain exceptions, to be 
used to facilitate certain firearm transfers.
    Section 218 prohibits funds made available by this Act from 
being used to require public entities, places of public 
accommodation, and commercial facilities to provide a permanent 
means of accessible entry to pools and spas.
    Section 219 prohibits funds made available by this Act from 
being used to require licensed firearms dealers to report on 
the sale of multiple rifles and shotguns to the same person.
    In title III, Science, under Office of Science and 
Technology Policy, language is included providing that certain 
funds be available for reception and representation expenses, 
and rental of conference rooms.
    Under National Aeronautics and Space Administration, 
Science, language is included providing for the multi-year 
availability of funds. Language is also included designating 
funds for a certain reimbursable agreement. In addition, 
language is included concerning implementation of the planetary 
science decadal survey. Finally, language is included regarding 
costs for a certain space-based telescope.
    Also, under Aeronautics, language is included providing for 
the multi-year availability of funds.
    In addition, under Space Technology, language is included 
providing for the multi-year availability of funds.
    Under Exploration, language is included providing for the 
multi-year availability of funds. Language is also included 
that delineates amounts for program components.
    In Space Operations, language is included providing for the 
multi-year availability of funds.
    Additionally, under Education, language is included 
providing for the multi-year availability of funds. Language is 
also included delineating amounts for program components.
    Under Cross Agency Support, language is included providing 
for the multi-year availability of funds. Language is also 
included to limit official reception and representation 
expenses.
    Under Construction and Environmental Compliance and 
Restoration, language is included providing for the multi-year 
availability of funds. Language is also included restricting 
receipts and expenditures made pursuant to enhanced use lease 
arrangements and requiring the inclusion of estimates in future 
budget requests.
    Under Office of Inspector General, language is included 
providing for the multi-year availability of some funds.
    In the Administrative Provisions, language is included 
regarding: availability of funds for announced prizes; 
transfers of funds; certain personnel actions; the submission 
of a spending plan; and credit card programs.
    Under National Science Foundation, Research and Related 
Activities, language is included that provides for the multi-
year availability of funds. Language is also included that 
governs funding availability for polar research and operational 
support. In addition, language is included providing that 
certain receipts may be credited to this appropriation.
    Also, under Major Research Equipment and Facilities 
Construction, language is included providing for no-year 
availability of funds. Language is also included prohibiting 
reimbursement of the Judgment Fund.
    In addition, under Education and Human Resources, language 
is included providing for the multi-year availability of funds.
    Furthermore, under Agency Operations and Award Management, 
language is included regarding contracts for maintenance and 
operation of facilities and other services. Language is also 
included limiting representation expenses.
    Under Office of the National Science Board, language is 
included limiting funds for official reception and 
representation.
    Under Office of Inspector General, language is included 
providing for the multi-year availability of some funds.
    Under Administrative Provision, a general provision is 
included regarding transfers of funds.
    In title IV, Related Agencies, under Commission on Civil 
Rights, Salaries and Expenses, language is included prohibiting 
expenses to employ in excess of a specific level of full-time 
individuals or to reimburse Commissioners for certain billable 
days. Language is also included prohibiting certain 
unauthorized activities. Finally, language is included 
regarding the establishment of an inspector general.
    Under Equal Employment Opportunity Commission, Salaries and 
Expenses, language is included designating amounts for payments 
to State and local enforcement agencies. Language is also 
included limiting funds for official reception and 
representation expenses. Finally, language is included 
authorizing the Chair to accept donations or gifts to carry out 
the work of the Commission.
    Under International Trade Commission, Salaries and 
Expenses, language is included limiting funds for official 
reception and representation expenses. Language is also 
included providing for no-year availability of funds.
    Under Legal Services Corporation, Payment to Legal Services 
Corporation, language is included regarding pay for officers 
and employees. Language is also included delineating amounts 
for specific programs and regarding authorities to transfer 
funds.
    Under Administrative Provisions, Legal Services 
Corporation, language is included that prohibits the use of 
funds for certain activities. Language is also included 
regarding the distribution of funds.
    Under Office of the United States Trade Representative, 
Salaries and Expenses, language is included providing for the 
no-year availability of some funds. Language is also included 
limiting funds for official reception and representation 
expenses.
    Under State Justice Institute, Salaries and Expenses, 
language is included limiting funds for reception and 
representation expenses. Language is also included providing 
for multi-year availability of some funds.
    In title V, General Provisions, the following general 
provisions that fall within the rule are recommended:
    Section 501 prohibits the use of funds for publicity or 
propaganda purposes unless expressly authorized by law.
    Section 502 prohibits any appropriation contained in this 
Act from remaining available for obligation beyond the current 
fiscal year unless expressly authorized.
    Section 503 provides that the expenditure of any 
appropriation contained in the Act for any consulting service 
through procurement contracts shall be limited to those 
contracts where such expenditures are a matter of public record 
and available for public inspection, except where otherwise 
provided under existing law or under existing Executive Order 
issued pursuant to existing law.
    Section 504 provides that if any provision of this Act or 
the application of such provision to any person or circumstance 
shall be held invalid, the remainder of the Act and the 
application of other provisions shall not be affected.
    Section 505 specifies requirements for reprogramming funds.
    Section 506 provides that if it is determined that any 
person intentionally affixes a ``Made in America'' label to any 
product that was not made in America that person shall not be 
eligible to receive any contract or subcontract made with funds 
made available in this Act. The section further provides that 
to the extent practicable, with respect to purchases of 
promotional items, funds made available under this Act shall be 
used to purchase items manufactured, produced or assembled in 
the United States or its territories or possessions.
    Section 507 requires quarterly reporting to Congress on the 
status of balances of appropriations.
    Section 508 provides that any costs incurred by a 
department or agency funded under this Act resulting from, or 
to prevent, personnel actions taken in response to funding 
reductions in the Act shall be absorbed with the budgetary 
resources available to the department or agency, and provides 
transfer authority between appropriation accounts to carry out 
this provision, subject to reprogramming procedures.
    Section 509 prohibits funds made available in this Act from 
being used to promote the sale or export of tobacco or tobacco 
products or to seek the reduction or removal of foreign 
restrictions on the marketing of tobacco products, except for 
restrictions which are not applied equally to all tobacco or 
tobacco products of the same type.
    Section 510 limits the obligation of certain funds.
    Section 511 prohibits the use of Department of Justice 
funds for programs that discriminate against or denigrate the 
religious or moral beliefs of students participating in such 
programs.
    Section 512 prohibits the transfer of funds in the Act to 
any department, agency, or instrumentality of the United States 
Government, except for transfers made by, or pursuant to 
authorities provided in, this Act or any other appropriations 
Act.
    Section 513 provides that funds provided for E-Government 
Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Section 514 permanently requires the Bureau of Alcohol, 
Tobacco, Firearms and Explosives to include specific language 
in any release of tracing study data that makes clear that 
trace data cannot be used to draw broad conclusions about 
firearms-related crimes.
    Section 515 requires certain timetables and procedures for 
specified audits performed by Inspectors General of the 
departments and agencies funded in this Act and sets limits and 
restrictions on the awarding and use of grants or contracts 
funded by amounts appropriated by this Act.
    Section 516 prohibits funds for information technology 
acquisitions unless the acquiring department or agency has 
assessed the risk of cyber-espionage or sabotage. Any 
acquisition of information technology produced by entities that 
are owned, directed, or subsidized by the People's Republic of 
China must be preceded by a determination that the acquisition 
is in the national interest.
    Section 517 prohibits the use of funds in this Act to 
support or justify the use of torture by any official or 
contract employee of the United States Government.
    Section 518 permanently prohibits the use of funds to 
require certain export licenses.
    Section 519 permanently prohibits the use of funds to deny 
certain import applications regarding ``curios or relics'' 
firearms, parts, or ammunition.
    Section 520 prohibits the use of funds to include certain 
language in trade agreements.
    Section 521 prohibits the use of funds in this Act to 
authorize or issue a National Security Letter (NSL) in 
contravention of certain laws authorizing the Federal Bureau of 
Investigation to issue NSLs.
    Section 522 requires congressional notification regarding 
any project within the Departments of Commerce or Justice, or 
the National Science Foundation and the National Aeronautics 
and Space Administration totaling more than $75,000,000 that 
has cost increases of at least 10 percent.
    Section 523 deems funds for intelligence or intelligence 
related activities as authorized by the Congress during fiscal 
year 2013 until the enactment of the Intelligence Authorization 
Act for fiscal year 2013.
    Section 524 requires the departments and agencies funded in 
this Act to establish and maintain on the homepages of their 
Internet websites direct links to the websites of their Offices 
of Inspector General, and a mechanism by which individuals may 
anonymously report cases of waste, fraud, or abuse.
    Section 525 prohibits contracts or grant awards in excess 
of $5,000,000 unless the prospective contractor or grantee 
certifies that the organization has filed Federal tax returns, 
has not been convicted of a criminal offense under the Internal 
Revenue Code of 1986, and has no unpaid Federal tax assessment, 
except in specified circumstances.
    Section 526 provides for rescissions of unobligated 
balances in the Department of Justice.
    Section 527 prohibits the use of funds in this Act for the 
purchase of first class or premium air travel.
    Section 528 prohibits the use of funds to pay for the 
attendance of more than 50 department or agency employees at 
any single conference outside the United States, unless the 
conference is a law enforcement training or operational event 
where the majority of Federal attendees are law enforcement 
personnel stationed outside the United States.
    Section 529 prohibits the use of funds in this or any other 
Act for the transfer or release of certain individuals detained 
at Naval Station, Guantanamo Bay, Cuba, to or within the United 
States, its territories or possessions.
    Section 530 prohibits the use of funds in this or any other 
Act to construct, acquire or modify any facility in the United 
States, its territories, or possessions to house certain 
individuals who, as of June 24, 2009, were located at United 
States Naval Station, Guantanamo Bay, Cuba for the purposes of 
detention or imprisonment in the custody or control of the 
Department of Defense.
    Section 531 prohibits the distribution of funds contained 
in this Act to the Association of Community Organizations for 
Reform Now or its subsidiaries.
    Section 532 requires, when practicable, the use of funds in 
this Act to purchase light bulbs that have the ``Energy Star'' 
or ``Federal Energy Management Program'' designation.
    Section 533 requires tracking and reporting of undisbursed 
balances in expired grant accounts.
    Section 534 prohibits the use of funds by the National 
Aeronautics and Space Administration or the Office of Science 
and Technology Policy to engage in bilateral activities with 
China or a Chinese-owned company unless the activities are 
authorized by subsequent legislation or NASA or OSTP have made 
a certification pursuant to subsections (c) and (d) of this 
section.
    Section 535 specifies reporting requirements for certain 
conferences held by any department, agency, board or commission 
funded by this Act.
    Section 536 prohibits funds made available by this Act from 
being used to deny the importation of shotgun models if no 
application for the importation of such models, in the same 
configuration, had been denied prior to January 1, 2011, on the 
basis that the shotgun was not particularly suitable for or 
readily adaptable to sporting purposes.
    Section 537 prohibits the use of funds to establish or 
maintain a computer network that does not block pornography, 
except for law enforcement purposes.
    Section 538 prohibits funds made available by this Act from 
being used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, 
or provide a loan or loan guarantee to, any corporation that 
was convicted of a felony criminal violation under any Federal 
law within the preceding 24 months.
    Section 539 prohibits funds made available by this Act from 
being used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, 
or provide a loan or loan guarantee to, any corporation that 
has any unpaid Federal tax liability that has been assessed, 
for which all judicial and administrative remedies have been 
exhausted or have lapsed, and that is not being paid in a 
timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability.
    Section 540 prohibits funds in this Act from being used to 
implement, administer, or enforce Equal Employment Opportunity 
Commission regulations on ``Disparate Impact and Reasonable 
Factors Other Than Age Under the Age Discrimination in 
Employment Act''.
    Section 541 establishes a Spending Reduction Account.

                  Appropriations Not Authorized by Law

    The Committee, in a number of instances, has found it 
necessary to recommend funding for ongoing activities and 
programs for which authorizations have not been enacted to 
date. These include some or all of the programs under the 
Department of Commerce, Department of Justice, Commission on 
Civil Rights, International Trade Commission, Legal Services 
Corporation, Marine Mammal Commission, Office of the U.S. Trade 
Representative, and State Justice Institute. Pursuant to clause 
3(f)(1)(B) of rule XIII of the Rules of the House of 
Representatives, the following table lists the appropriations 
in the accompanying bill which are not authorized by law for 
the period concerned:

----------------------------------------------------------------------------------------------------------------
                                                                              Appropriation in
              Agency/Program                 Last year of     Authorization     last year of     Appropriations
                                            authorization         level         authorization     in this bill
----------------------------------------------------------------------------------------------------------------
Department of Commerce:
  International Trade Administration
     Operations and Administration
      Export Promotion Activities........             1996        such sums          $264,885          $277,824
  Economic Development Administration
    Salaries and Expenses................             2008        such sums            30,832            37,500
    Economic Development Assistance                   2008          500,000           349,100           182,000
     Programs............................
  Economic and Statistical Analysis
    Salaries and Expenses................              n/a              n/a               n/a            96,000
  Minority Business Development Agency
    Minority Business Development........              n/a              n/a               n/a            28,689
  National Telecommunications and
   Information Administration
    Salaries and Expenses................             1993           17,900            18,493            45,568
  National Oceanic and Atmospheric
   Administration
    Operations, Research and Facilities
      Oceanic and Atmospheric Research...             1993        1,589,081           202,172           404,941
        Climate and air quality research              1993         (103,877)              \a\               \a\
         activities......................
        Atmospheric research activities..             1993          (44,781)              \a\               \a\
      National Ocean Service.............             1993          121,183           150,864           427,275
        Coral Reef Conservation..........             2004          (16,000)          (16,000)          (24,098)
        Coastal Zone Management..........             1999          (55,300)          (52,700)          (64,844)
        Marine Protection, Research,                  2005          (40,000)          (57,958)          (41,932)
         Preservation & Sanctuaries......
        Marine debris prevention,                     2010          (10,000)           (4,000)           (3,000)
         removal, and information........
      National Marine Fisheries Service..                           various                             775,427
        Endangered Species Act Activities             1992            6,750               \b\               \b\
        Marine Mammal Protection Act                  1999           34,768               \b\               \b\
         Activities......................
        NOAA Marine Fisheries Program                 2000          110,470               \b\               \b\
         Activities......................
      National Weather Service
        Operations and research                       1993          395,822               \a\               \a\
         activities......................
        Public warning and forecast                   1993          132,034             \a,c\             \a,c\
         systems.........................
      NESDIS
        Satellite observing systems                   1993          336,000             \a,c\             \a,c\
         activities (NESDIS).............
        Data and information services                 1993           39,596            10,300             \a,c\
         activities......................
      Program Support
        Executive Direction and                       1993           75,750            25,000            99,820
         Administrative Activities.......
        Marine Services..................             1993           68,518            61,200           166,015
        Aircraft Services................             1993           10,336             9,500            30,241
    Procurement, Acquisition and
     Construction
      Office of Marine and Aviation
       Operations
        Fleet modernization and                       1997        such sums             8,000            14,609
         replacement.....................
    Pacific Coastal Salmon Recovery......             2009           90,000            80,000            65,000
  Departmental Management
    Salaries and Expenses................              n/a              n/a               n/a            55,000
    Office of Inspector General..........              n/a              n/a               n/a            28,753
Department of Justice:
  General Administration
    Salaries and Expenses................             2009          181,561           105,805           110,322
    Justice Information Sharing                       2009          204,152            80,000            33,426
     Technology..........................
    Administrative review and appeals....             2009          243,291           270,000           313,438
    Office of Inspector General..........             2009           81,922            80,681            84,199
  United States Parole Commission
    Salaries and Expenses................             2009           12,711            12,570            12,772
  Legal Activities
    Salaries and Expenses, General Legal              2009          764,526           805,655           863,367
     Activities..........................
    Salaries and Expenses, Antitrust                  2009          162,488           157,788           159,587
     Division............................
    Salaries and Expenses, United States              2009        1,829,194         1,851,336         1,965,000
     Attorneys...........................
    Salaries and Expenses, Foreign Claims             2009            1,429             1,823             2,000
     Settlement Commission...............
    Fees and Expenses of witnesses.......             2009          203,755           168,300           270,000
    Salaries and Expenses, Community                  2009           10,977             9,873            11,456
     Relations Service...................
    Assets Forfeiture Fund...............             2009           22,000            20,990            20,948
  United States Marshals Service.........             2009          900,178           954,000         2,845,871
    Salaries and Expenses................                               \d\          (960,000)       (1,188,488)
    Construction.........................                               \d\            (4,000)          (10,000)
    Federal Prisoner Detention\e\........             2009        1,858,509         1,355,319        (1,647,383)
  National Security Division
    Salaries and Expenses................              n/a              n/a               n/a            90,039
  Interagency Law Enforcement
    Interagency Crime and Drug                        2009          744,593           515,000           521,793
     Enforcement.........................
  Federal Bureau of Investigation........             2009        6,480,608         7,301,191         8,265,989
    Salaries and Expenses................                               \d\        (7,182,700)        8,185,007
    Construction.........................                               \d\          (153,491)          (80,982)
  Drug Enforcement Administration
    Salaries and Expenses................             2009        1,930,462         1,959,084         2,396,504
  Bureau of Alcohol, Tobacco, Firearms
   and Explosives
    Salaries and Expenses................             2009        1,038,939         1,078,215         1,153,345
  Federal Prison System..................             2009        5,698,292         6,171,561         6,910,217
    Salaries and Expenses................                               \d\        (5,600,792)       (6,820,217)
    Buildings and Facilities.............                               \d\          (575,807)          (90,000)
  Office on Violence Against Women
    Violence Against Women Prevention and
     Prosecution Programs
      STOP Grants........................             2011          225,000               \f\           189,000
      Transitional Housing Assistance....             2011           40,000               \f\            25,000
      Research and Evaluation on Violence              n/a              n/a               n/a             3,500
       against Women.....................
      Grants to Encourage Arrest Policies             2011           75,000               \f\            50,000
      Sexual Assault Victims Services....             2011           50,000               \f\            23,000
      Rural Domestic Violence and Child               2011           55,000               \f\            36,500
       Abuse Enforcement.................
      Violence on College Campuses.......             2011           15,000               \f\             9,000
      Civil Legal Assistance.............             2011           65,000               \f\            41,000
      Elder Abuse Grant Program..........             2011           10,000               \f\             4,250
      Safe Havens Program................             2011           20,000               \f\            11,500
      Education and Training for Disabled             2011           10,000               \f\             5,750
       Female Victims....................
      Court Training and Improvements                 2011            5,000               \f\             4,500
       Program...........................
      Research on Violence against Indian             2008            1,000               940             1,000
       Women.............................
      Consolidated Youth-oriented Program                           various                              10,000
        Engaging Men and Youth in                      n/a              n/a               n/a               \g\
         Prevention......................
        Grants to Assist Children and                  n/a              n/a               n/a               \g\
         Youth Exposed to Violence.......
        Supporting Teens Through                      2011            5,000               \f\               \g\
         Education Program...............
        Services to Advocate and Respond               n/a              n/a               n/a               \g\
         to Youth........................
      National Resource Center on                     2011            1,000               \f\               500
       Workplace Responses...............
      Indian Country--Sexual Assault                   n/a              n/a               n/a               500
       Clearinghouse.....................
    Office of Justice Programs
      Research, Evaluation and Statistics
        Bureau of Justice Statistics.....             1995           33,000            32,335            45,000
        National Institute of Justice....             1995           33,000            58,879            40,000
        Regional information sharing                  2003          100,000            29,000            27,000
         activities......................
      State and Local Law Enforcement
       Assistance
        Byrne Memorial Justice Assistance             2012        1,095,000           470,000           370,000
         Grants..........................
          Domestic Radicalization                      n/a              n/a               n/a            (4,000)
           Research......................
          VALOR Initiative...............              n/a              n/a               n/a            (5,000)
        State Criminal Alien Assistance               2011          950,000               \f\           165,000
         Program.........................
        Byrne Competitive Grants.........              n/a              n/a               n/a            20,000
        Missing Alzheimer's Patients                  1999              900               898             1,000
         Grants..........................
        Victims of Trafficking Grants....             2011           10,500               \f\            13,500
        Drug Courts......................             2008           70,000            15,200            41,000
        Veterans Treatment Courts........              n/a              n/a               n/a             4,000
        Prescription Drug Monitoring.....              n/a              n/a               n/a             7,000
        Prison Rape Prevention and                    2010           40,000            15,000            12,500
         Prosecution.....................
        Residential Substance Abuse                   2000           72,000            61,677            15,000
         Treatment.......................
        Capital Litigation and Wrongful               2009           75,000             5,500             1,000
         Conviction Review...............
        Tribal Assistance................                           various                              38,000
          Tribal Courts..................             2004        such sums            (8,000)              \h\
          Alcohol and Substance Abuse....              n/a              n/a               n/a               \h\
          Indian Prison Grants...........             2000           (2,753)           (5,000)              \h\
          Training/TA Civil and Criminal               n/a              n/a               n/a               \h\
           Legal Assistance..............
        Economic, High-tech, Cybercrime                n/a              n/a               n/a             7,000
         Prevention......................
        CASA--Special Advocates..........             2011           12,000               \f\             4,500
        Bulletproof Vests................             2012           50,000            24,000            20,000
        Criminal Records Upgrade.........             2007          250,000               \i\             6,000
        Second Chance Act/Offender                    2010           55,000           100,000            70,000
         Reentry.........................
          Smart Probation................              n/a              n/a               n/a            (6,000)
        Adam Walsh Act Implementation....             2009        such sums                              20,000
        National Sex Offender Public Web               n/a              n/a               n/a             1,000
         Site............................
        DNA Initiative
          Post-Conviction DNA Testing                 2009            5,000             5,000            (4,000)
           Grants........................
      Juvenile Justice Programs
        Part B--State Formula Grants.....             2007        such sums               \i\            33,000
        Youth Mentoring Grants...........             2007        such sums               \i\            90,000
        Victims of Child Abuse Programs..             2005            8,481            11,000            18,000
        Training for Judicial Personnel..             2005            2,300                               1,500
    Community Oriented Policing Services
      Community Oriented Policing                     2009        1,047,119         1,550,500            72,500
       Services Programs.................
        Tribal Resources Grant Program...                               \j\           (20,000)          (20,000)
        COPS Hiring Grants...............                               \j\        (1,000,000)          (40,000)
Related Agencies:
  Commission on Civil Rights
    Salaries and Expenses................             1995            9,500             8,904             9,193
  International Trade Commission
    Salaries and Expenses................             2004           57,240            58,295            83,000
  Legal Services Corporation
    Payment to the Legal Services                     1980          205,000           300,000           328,000
     Corporation.........................
  Marine Mammal Commission
    Salaries and Expenses................             1999            1,750             1,240             3,025
  Office of the U.S. Trade Representative
    Salaries and Expenses................             2004           33,108            41,552            51,251
  State Justice Institute
    Salaries and Expenses................             2008            7,000             3,760            5,121
----------------------------------------------------------------------------------------------------------------
\a\ The National Oceanic and Atmospheric Administration Authorization Act of 1992 (P.L. 102-567) provides
  authorizations for general categories of activities, rather than specific programs. Since a program may cut
  across several authorizations, it is impossible to determine the exact amount of unauthorized appropriations.
\b\ Authorization covers multiple lines in the NOAA control table.
\c\ This authorization provides for both procurement and operations activities, but does not provide a breakdown
  for each.
\d\ Authorization does not provide amounts for specific accounts within this agency.
\e\ This was formerly the ``General Administration, Detention Trustee'' account.
\f\ The authorization for this program expired in FY2011. Since the government was funded by a full-year
  continuing resolution, the Committee did not provide a specific appropriation for this program.
\g\ These programs have been combined into the Consolidated Youth-oriented Program.
\h\ The recommendation includes an overall amount for tribal assistance but does not specify amounts for each
  particular program.
\i\ The authorization for this program expired in FY2007. Since the government was funded by a full-year
  continuing resolution, the Committee did not provide a specific appropriation for this program.
\j\ Authorization does not provide amounts for specific programs within this account.

                 Comparison With the Budget Resolution

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a)(1)(A) of the 
Congressional Budget Act of 1974, the following table compares 
the levels of new budget authority and outlays provided in the 
bill with the appropriate allocations made under section 302(b) 
of the Budget Act.

 BUDGETARY IMPACT PREPARED IN CONSULATION WITH THE CONGRESSIONAL BUDGET
      OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS AMENDED
------------------------------------------------------------------------
                                302(b) Allocation       This Bill\1\
                             -------------------------------------------
                                Budget                Budget
                              Authority   Outlays   Authority   Outlays
------------------------------------------------------------------------
Comparison of amounts in the
 bill with Committee
 allocations to its
 subcommittees of amounts in
 the First Concurrent
 Resolution of 2013:
 Subcommittee on Commerce,
 Justice, Science
    General purpose              51,131     62,953     51,131     62,953
     discretionary..........
    Mandatory...............        328        358        328        358
------------------------------------------------------------------------
\1\Includes outlays from prior year budget authority.

                      Five-Year Outlay Projections

    Pursuant to clause 3(c)(2) of rule XIII and section 
308(a)(1)(B) of the Congressional Budget Act of 1974, the 
following table contains five-year outlay projections 
associated with the budget authority provided in the 
accompanying bill, as provided to the Committee by the 
Congressional Budget Office:

 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Projection of outlays associated with the recommendation:
    2013...................................................    \1\38,155
    2014...................................................       13,882
    2015...................................................        3,491
    2016...................................................        1,557
    2017 and future years..................................        3,073
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.

               Assistance to State and Local Governments

    Pursuant to clause 3(c)(2) of rule XIII and section 
308(a)(1)(C) of the Congressional Budget Act of 1974, the 
Congressional Budget Office has provided the following 
estimates of new budget authority and outlays provided by the 
accompanying bill for financial assistance to State and local 
governments:

 
                        [In millions of dollars]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Budget Authority...........................................       -6,281
Outlays....................................................      \1\-186
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.

                        Constitutional Authority

    Pursuant to section 6(e) of the rules of the Committee on 
Appropriations, the following statement is submitted regarding 
the specific powers granted to Congress in the Constitution to 
enact the accompanying bill:
    The principal constitutional authority for this legislation 
is clause 7 of section 9 of article I of the Constitution of 
the United States (the appropriation power), which states: ``No 
Money shall be drawn from the Treasury, but in Consequence of 
Appropriations made by Law . . .'' In addition, clause 1 of 
section 8 of article I of the Constitution (the spending power) 
provides: ``The Congress shall have the Power . . . to pay the 
Debts and provide for the common Defense and general welfare of 
the United States. . .'' Together, these specific 
constitutional provisions establish the congressional power of 
the purse, granting Congress the authority to appropriate 
funds, to determine their purpose, amount, and period of 
availability and to set forth terms and conditions governing 
their use.

      Comparative Statement of New Budget (Obligational) Authority

    The following table provides a detailed summary, for each 
department and agency, comparing the amounts recommended in the 
bill with fiscal year 2012 enacted amounts and budget estimates 
presented for fiscal year 2013:



                             MINORITY VIEWS

    We want to begin by thanking Chairman Wolf for being a 
model chairman for this Subcommittee. He is a professional, he 
is principled, and he has once again involved us at every 
appropriate level of deliberation. We appreciate the Chairman's 
adherence to regular order in drafting the bill and throughout 
the committee process.
    The fiscal year (FY) 2013 bill approved by the Committee 
provides net budget authority of $51.1 billion, a cut of $1.6 
billion (3.1 percent) below FY 2012, when excluding FY 2012 
emergency funding, and $731 million (1.4 percent) below the 
Administration's request.

                         DEPARTMENT OF COMMERCE

    For the Department of Commerce, the bill provides a total 
of $7.7 billion, an increase of $95.6 million above the FY 2011 
enacted level and $280.4 million below the Administration's 
request.
    The International Trade Administration (ITA) is funded at 
$458.3 million, an increase of $2.7 million above FY 12 but a 
cut of $58.7 million below the request, preventing ITA from 
funding, among other things, the vast majority of the 
additional Foreign Commercial Service Officers and locally 
engaged staff it had hoped to post in high-growth overseas 
markets in FY 2013. These staff help create jobs here at home 
by helping American businesses increase their exports. We 
should provide additional resources for ITA's efforts, which 
are important for our economy.
    We are pleased that the bill provides up to $5 million to 
the Economic Development Administration (EDA) for a new 
program, first funded in last year's bill, to provide loan 
guarantees to small and medium-sized businesses to help develop 
innovative new products and new technologies. The bill also 
provides $5 million to continue a grant program to relocate 
jobs back to the United States that had previously been placed 
outside the United States. Funding is also maintained for the 
Trade Adjustment Assistance for Firms program. However, it is 
troubling that the bill cuts EDA programs overall by $38 
million (17 percent) below FY 2012. This is an unwise cut, in 
our judgment, particularly at a time when unemployment remains 
high. EDA program grants have proven to be of great help in 
creating jobs in many of the most distressed communities across 
the country.
    We will need to find more funding for the Census Bureau, 
which is cut by $91.7 million (9.5 percent) below the request. 
The largest part of this cut comes from the Bureau's 2020 
Census research, preparation, and testing activities, which are 
cut by $51.6 million (39.3 percent) below the request. The 2020 
Census is still several years away, but the effort to control 
its ultimate cost must begin immediately. As The Census 
Project, an informal network of census stakeholder 
organizations, has written, ``To save potentially billions of 
dollars in future years, as Congress has directed, the Census 
Bureau must invest resources early in the decade to ensure 
cost-effective, successful implementation of census 
operations.'' In particular, the Bureau needs to expand its 
research and testing infrastructure to effectively test new 
enumeration methods, new processes to support field operations, 
more cost-effective information technology (IT) systems, and 
other efforts aimed at saving billions of dollars later in the 
decade. It is unwise to cut back on these efforts, as this will 
lead to far greater costs in the long term.
    The bill makes significant and laudable investments in the 
National Institute of Standards and Technology, providing a 
total of $830.2 million, including $621.2 million for 
scientific and technical research and services, an increase of 
$54.2 million above FY 2012 though $26.8 million below the 
request. $128 million is provided for the Manufacturing 
Extension Partnership program, including $2.5 million to 
continue the work of the National Innovation Marketplace, to 
help expand our manufacturing base by connecting manufacturers, 
parts suppliers, purchasers and others. We are also pleased 
that the bill provides $21 million, as requested by the 
President, for a new Advanced Manufacturing Technology 
Consortia program, which will expand research and development 
in support of manufacturing. All of these programs are 
important investments in American innovation, competitiveness, 
and future job growth.
    Within the National Oceanic and Atmospheric Administration 
(NOAA), we are concerned that some important NOAA programs have 
been cut, in part to pay for necessary new weather satellites. 
We strongly support the development and deployment of these 
satellites, along with the funding necessary to accomplish this 
work. At the same time, however, we feel it is important to 
find a way to pay for them without making such drastic 
reductions in other important NOAA programs. We are 
appreciative of the NOAA programs that have been protected in 
the committee mark. For example, the bill provides $65 million 
for the Pacific Coastal Salmon Recovery Fund, as well as an 
increase for the Mitchell Act program so that the hatcheries 
along the Columbia River system can be reformed to better 
operate toward the goal of recovery under the Endangered 
Species Act. Funding is continued for integrated ocean 
acidification research. In addition, the committee mark wisely 
rejects the Administration's proposed cuts in National Weather 
Service IT personnel, air quality forecasting, tsunami warning 
capability, and wind profile measurements.
    However, it is clear that we need to invest more, 
especially in the NOAA Operations, Research, and Facilities 
account, which overall is cut by $54 million (1.8 percent), 
below 2012, and by $74 million (2.4 percent) below the request. 
The committee mark cuts funding for an array of programs across 
NOAA. In particular, the National Ocean Service is cut by $32.1 
million (7 percent) below FY 2012 and by $48.2 million (10.1 
percent) below FY 2011. The National Marine Fisheries Service 
overall is cut by $29.3 million (3.6 percent) below FY 2012 and 
by $69.8 million (8.3 percent) below FY 2011. NOAA Education is 
cut by $7.5 million (30 percent) below FY 12. These cuts will 
have significant consequences across a wide array of NOAA's 
important efforts aimed at strengthening our environment, 
economy, and public safety.

                         DEPARTMENT OF JUSTICE

    For the Department of Justice (DOA the bill provides $27.42 
billion, an increase of $11 million above the FY 2012 level, 
but $44.3 million below the request. When including the request 
by the Department to transfer $365 million in mandatory Crime 
Victims Fund receipts to a number of discretionary grant 
programs, the bill provides a total of $409.3 million less than 
proposed by the Department.
    The bill provides funding at or near the requested level 
for the Department of Justice law enforcement agencies, 
including an increase above the request for the FBI to augment 
key capabilities related to cyber investigations, surveillance, 
and gang enforcement. Earlier this year, FBI Director Mueller 
warned that cyber attacks are becoming one of the biggest 
threats to America's safety, possibly surpassing the threat 
level posed by terrorism. We believe that the Director is 
absolutely correct, and we are pleased that the Chairman has 
provided $23 million above the request for this priority. This 
additional funding is desperately needed in order to protect 
our nation, and we thank Chairman Wolf for his leadership in 
this area.
    Funding for the U.S. Marshals Service and the Drug 
Enforcement Administration is provided above the FY 2012 level, 
although below the requested amounts. This reduction below the 
request is mitigated, however, by the fact that the bill does 
not impose rescissions of prior year balances proposed by the 
Department of Justice.
    Unfortunately, the bill provides no cost-of-living 
increases for the litigation divisions of the Department of 
Justice. The litigation offices, as a whole, received no 
funding increases in FY 2011 or FY 2012, and the funding level 
in the bill is $11.7 million less than the FY 2010 level and 
$40.2 million below the request.
    Without annual funding increases to cover inflationary 
costs, the litigation divisions are able to do less each year. 
The Civil Division returns $7 to the Treasury for every $1 we 
appropriate, by defeating unmeritorious claims against the 
United States and through recovering monies lost through fraud, 
waste, and violations of consumer protection laws.
    Under the House funding level, the Environment and Natural 
Resources Division (ENRD) could lose 12 attorney positions, and 
reduced resources could impact the ability of ENRD to 
vigorously pursue litigation against parties potentially 
responsible for the Deepwater Horizon oil spill.
    The Tax Division could lose up to 56 attorneys (14 
percent), requiring the Division to decline approximately 2,000 
cases and preventing the Division from pursuing affirmative 
litigation involving collections and bankruptcy cases. On 
average over the last three fiscal years, the Tax Division has 
annually collected $335 million in outstanding taxes, interest, 
and penalties through affirmative litigation.
    After a significant effort in FY 2010 to restore its base 
enforcement capacity, the Civil Rights Division has been hit 
particularly hard over the past few years, losing all of the 
ground it gained in FY 2010 to restore its capacity to protect 
civil rights and voting rights, enforce laws against hate 
crimes and human trafficking, and engage in other efforts to 
protect vulnerable individuals. Flat funding for the litigation 
offices in FY 2013 would cause the Civil Rights Division to 
fall even further behind.
    The bill also fails to provide the proposed program 
increases for financial and mortgage fraud enforcement by the 
litigation divisions. It provides only a portion of the 
increase proposed for the FBI for financial and mortgage fraud 
enforcement, and potentially makes available only a small 
portion of the funds proposed for the U.S. Attorneys for this 
purpose. We were pleased to hear Chairman Wolf state, during 
Committee consideration of the bill, that he is open to 
considering additional funding for financial and mortgage fraud 
enforcement at the FBI as we move further through the process. 
We believe the final allocation available to the subcommittee 
will be at or near the Senate level, and we hope the majority 
will also work with us to provide the requested financial and 
mortgage fraud enforcement funding for the litigation divisions 
and the U.S. Attorneys in the final bill.
    The bill provides $6.82 billion for the salaries and 
expenses of the Federal Bureau of Prisons (BOP), an increase of 
$268.9 million, as requested. Because the request assumed the 
enactment of legislation to increase ``good time'' credit that 
inmates can earn, however, we may need to consider additional 
funding for BOP as we continue through the process to ensure 
that it has sufficient resources to maintain a safe and secure 
environment for Federal inmates during FY 2013.
    The cost of BOP operations has grown 41.2 percent since FY 
2006, and now represents 25 percent of DOJ's entire budget. The 
BOP inmate population is 38 percent above the rated capacity of 
BOP facilities, and BOP plans to build several additional 
prisons by 2018 to keep up with its inmate population growth. 
We would need to appropriate billions of additional dollars in 
the next few years, however, to keep that construction schedule 
on track.
    While it was probably unrealistic of DOJ to assume the 
enactment of ``good time'' credit legislation in the 
development of its budget request, there is no doubt that we 
are in desperate need of reforms in our criminal justice 
system, similar to the ``Justice Reinvestment'' efforts that 
many states have successfully carried out, including Texas, 
Kansas, Michigan and many others. The House must be a full and 
engaged partner in this effort. Otherwise, we will continue to 
experience annual growth in our Federal inmate population and 
continued growth in the cost of incarcerating those inmates.
    The bill provides a small increase for Office on Violence 
Against Women grant programs, as well as a small increase for 
Crime Victims Fund programs. Many important grant programs are 
protected through level funding or healthy increases, including 
the Byrne-JAG formula grant program, the Victims of Trafficking 
program, the Youth Mentoring program, and the National Instant 
Background Check System grant program.
    However, State and Local grant programs at DOJ overall are 
cut by $378 million, or 17 percent, compared to FY 2012, even 
as state and local budgets continue to recover from historic 
losses in revenue. This represents a 50 percent cut to the 
grant programs just since FY 2010, and more than a 60 percent 
cut in these programs since FY 2001.
    Several important grant programs are eliminated entirely, 
including cutting edge, evidence-based programs like the Byrne 
Criminal Justice Innovation Program, the Children Exposed to 
Violence Initiative, the Community-Based Violence Prevention 
program, and the State and Local Help Desk and Diagnostic 
Center. Juvenile Justice programs overall are hit particularly 
hard, including the elimination of the Juvenile Accountability 
Block Grant program and the Local Delinquency Prevention 
Incentive Grant program. The COPS Hiring program is funded at 
only $40 million, a cut of $126 million (76 percent) from the 
FY 2012 level. The final FY 2013 CJS Act must invest more in 
these State and 1061 grant programs.

                                SCIENCE

    The Committee bill provides $24.9 billion for Title III 
science agencies, an increase of $74.6 million above FY 2012, 
but $178.2 million below the request.
    The bill fully funds the Office of Science and Technology 
Policy, which plays a critical oversight and coordination 
function for science and technology activities across the 
executive branch, including a new initiative begun at the 
request of this subcommittee to better coordinate and 
strengthen neuroscience research. We are at the cusp of 
significant breakthroughs related to the treatment of brain 
injuries, cognitive developmental disorders, and 
neurodegenerative diseases like Parkinson's and Alzheimer's 
that will have tremendous implications for the mental health of 
the American people and the cost of healthcare. The National 
Science and Technology Council, which is coordinated through 
OSTP, is in the process of establishing a Neuroscience Working 
Group that we hope will lead to larger investments and better 
interagency coordination related to neuroscience research and 
technologies.
    The bill provides a total of $17.6 billion for the National 
Aeronautics and Space Administration (NASA), $137.6 million 
below the request, and $226.2 million below FY 2012. However, 
the bill provides strong funding levels for many important NASA 
programs.
    We are pleased that the James Webb Space Telescope is 
funded at the President's request of $628 million. This 
telescope, scheduled to be launched in 2018, will be 100 times 
more powerful than the Hubble Space Telescope, and will greatly 
advance our scientific understanding of the universe, allowing 
us to see images of the first glows (or glimmers of light) 
after the Big Bang.
    NASA Space Technology is funded at $632.5 million, an 
increase of $57.5 million above FY 2012 though $66.5 million 
below the request. The activities funded in this account are 
critically important to the future of space travel, and will 
enable us to solve the technological challenges associated with 
traveling into deep space.
    NASA Commercial Crew Development is funded at $500 million, 
an increase of $94 million above FY 2012 though $330 million 
below the request. A strong funding level for this program is 
important to ensure that American-built and operated spacecraft 
will be able to transport astronauts to the International Space 
Station as soon as possible. Until then, the United States will 
need to pay Russia at least $63 million per seat for the use of 
Soyuz spacecraft for this purpose. We strongly believe that it 
is important to ensure competition among multiple American 
companies for these transportation services, which will help 
ensure safe designs, affordability and sustainability.
    In the area of NASA Education, we are pleased that the 
committee mark maintains funding for the Minority University 
Research and Education program at the current level of $30 
million. However, we are disappointed that NASA Education 
overall is cut by $38 million (28 percent) below the current 
level, including a 40 percent cut to the Space Grant program 
and a 51 percent cut to the Experimental Program to Stimulate 
Competitive Research (EPSCOR) program. NASA's education efforts 
help inspire students to pursue future careers in science, 
technology, engineering, and mathematics.
    The bill provides a healthy increase of $299.4 million (4.3 
percent) for the National Science Foundation, although still 
$41 million below the request. We should keep in mind, however, 
that the Rising Above the Gathering Storm report prescribed a 
doubling of NSF funding that would have required a 44 percent 
higher funding level for NSF Research and Related Activities in 
FY 2013 than the bill actually provides and 50 percent more 
funding for NSF overall. Chairman Wolf is to be commended for 
making NSF funding a priority in the bill, but we believe we 
should be making much more of an investment in NSF than the 
allocation allows.

                            RELATED AGENCIES

    Title IV of the Committee bill provides $846.2 million for 
the related agencies under the jurisdiction of the CJS 
Subcommittee, a cut of $10.4 million below the FY 2012 level 
and $83 million below the amounts requested.
    Like last year, the Legal Services Corporation takes a 
disproportionate hit to its funding, with a cut of $20 million, 
or nearly 6 percent, when it should be getting an increase. 
This cut would come on top of the $56 million cut to LSC in FY 
2012. With some 60 million impoverished Americans eligible for 
legal aid services, the recession has drastically increased the 
need for legal aid for those who cannot afford it.
    At the funding level in the House Committee bill, local 
legal services programs would be forced to lay off of at least 
110 staff attorneys, approximately 24 offices would be forced 
to close, primarily in rural areas, and access to an attorney 
would be significantly reduced for Americans living outside of 
major cities. Overall, an estimated 55,000 fewer impoverished 
Americans would be served nationwide, and 22,000 fewer cases 
would be closed. This includes returning veterans seeking 
benefits, elderly victims of foreclosure, and women seeking 
safety for themselves and their children from domestic 
violence. There would be a disproportionately large impact on 
those programs that currently rely most heavily on LSC grants, 
including those in Alabama, Mississippi, South Dakota, Wyoming, 
Connecticut, Massachusetts and Nevada.
    This additional cut would come at a time when the still-
recovering economy has translated into declining funding from 
non-LSC sources, reduced by $12 million in the last year alone. 
LSC, and the legal aid programs it supports, helps to ensure 
that access to justice is not limited to only those who can 
afford an attorney. Both the President and the Senate Committee 
recognize the need for additional funding by recommending $402 
million for the LSC. We are hopeful that we can reach an 
agreement at the end of this process that allows for this level 
of funding.
    The bill provides $366.6 million for the Equal Employment 
Opportunity Commission (EEOC), an increase of $6.7 million 
above the FY 2012 level but $7.1 million below the amount 
requested.

                               ALLOCATION

    It is unfortunate that the process has been unable, so far, 
to overcome the limitations imposed by the Ryan budget. We are 
extremely disappointed that House Republicans walked away from 
the bipartisan agreement to establish $1.047 trillion as the 
Committee's allocation. A majority of their conference voted 
for the Budget Control Act agreement less than nine months ago. 
By reneging on the agreement, House Republicans put themselves 
at odds with House Democrats, the White House, Senate 
Democrats, and Senate Republicans. Senate Minority Leader 
McConnell recently voted for allocations at $1.047 and Ranking 
Member Cochran stated that it's appropriate ``for the Committee 
to proceed on the basis of the discretionary caps enacted into 
law.'' House Republicans have introduced uncertainty about the 
discretionary allocation, and about whether the House majority 
will threaten to shut down the government. This uncertainty 
will slow down the appropriations process, and the austere 
House allocation, if it stands, will stall economic growth and 
impede job creation.
    While the level of funding in the FY 2013 Commerce, 
Justice, Science and Related Agencies (CJS) Appropriations bill 
may not be as low as a strict proportional reduction based on 
the Ryan budget, and it is certainly better than what the 
subcommittee had to work with at the beginning of the FY 2012 
process, it is nevertheless inadequate to meet the needs of 
many programs and activities in the bill.
    In comparison, the allocation for the Senate CJS bill is 
$731 million higher than the House allocation. It is no 
coincidence, then, that the Senate Appropriations Committee 
approved its CJS bill on April 19, 2012, with significant 
bipartisan support. The House bill, on the other hand, contains 
funding levels in several areas that are difficult for 
Democrats to support.

                          COMMITTEE AMENDMENTS

    Although the Chairman's mark was free of any new 
controversial riders, three amendments were adopted during 
Committee consideration of the bill that we find troubling. 
First, the Committee adopted an amendment that would prevent 
the enforcement of an existing requirement that Federal 
firearms licensees (FFLs) in four southwest Border States 
report to the National Tracing Center on the sale of certain 
kinds of rifles favored by the Mexican drug cartels. This 
reporting requirement is narrow and targeted, applying only to 
the four border states (Texas, Arizona, New Mexico and 
California), and only when a dealer sells two or more 
qualifying long guns to a single individual within five 
business days. Qualifying guns are rifles that (1) are semi-
automatic; (2) are greater than .22 caliber; and (3) can hold a 
detachable magazine. It does not apply to shotguns or the vast 
majority of rifles regularly used for hunting or sporting 
purposes.
    This reporting requirement is identical to one that has 
existed for decades for handguns, and in no way does it hinder 
the ability of any law-abiding person to purchase as many 
rifles as they desire. It is not an undue burden on FFLs, with 
the time to complete a multiple sales form estimated at 12 
minutes and an estimated annual cost in employee time of only 
$16.
    During the first six months it has been in effect, this 
very limited reporting requirement has already proven to be an 
important tool for Federal law enforcement in the effort to 
uncover illegal trafficking operations intended to supply semi-
automatic weapons to the violent drug gangs across the border. 
According to the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives (ATF), these multiple sales reports have led to the 
recommendation of 100 defendants for prosecution, including 
both alleged straw purchasers and others further up the 
firearms trafficking chain. Also according to ATF, the 
reporting requirement is forcing firearms traffickers to change 
tactics, making straw purchases more difficult and serving as a 
deterrent for many people who might have engaged in straw 
purchasing in the past.
    This is not about gun control or compiling a registry of 
long gun owners. Information that does not become part of a 
trafficking investigation is purged from ATF records within two 
years. This is a law enforcement response to the evidence from 
successful tracings of weapons recovered in Mexico. Recent 
tracings show that a large number of these weapons were first 
sold by licensed gun dealers in California, Arizona, New 
Mexico, or Texas.
    A U.S. District Judge ruled in January that this reporting 
requirement is a reasonable law enforcement tactic. Given that 
an appeal of that decision is likely, we should let the courts 
resolve the legal question. This Committee simply has no 
business in tying the hands of law enforcement agencies as they 
attempt to carry out Federal law.
    A second amendment was adopted that would prohibit the use 
of funds to implement, administer, or enforce final regulations 
on ``Disparate Impact and Reasonable Factors Other Than Age 
Under the Age Discrimination in Employment Act,'' published by 
the Equal Employment Opportunity Commission (EEOC) in the 
federal Register on March 30, 2012. The EEOC regulation this 
amendment would negate is a response to a Supreme Court ruling 
against an earlier, stricter EEOC standard. The regulation 
requires that business be prepared to show that their practices 
are based on a reasonable factor other than age, which means 
that they are reasonably designed and administered to achieve a 
legitimate business purpose, while taking into account 
potential harm to older workers.
    A third adopted amendment would prohibit the use of funds 
to implement an existing regulatory requirement for public 
entities, places of public accommodation, and commercial 
facilities to provide a permanent means of accessible entry to 
pools and spas under titles II and III of the Americans with 
Disabilities Act, even when it is readily achievable to do so.
    Disagreements about the appropriateness of agency 
regulations are natural and understandable. It is problematic, 
however, when the appropriations process is used to 
categorically circumvent the statute-based agency rulemaking 
process.
    We want to reiterate our appreciation for the Subcommittee 
Chairman's adherence to regular order in drafting the bill and 
taking it through the full Committee. We look forward to 
continuing to work cooperatively with him and our Committee 
colleagues to improve the CJS bill as we continue through the 
appropriations process.

                                   Norm Dicks.
                                   Chaka Fattah.

                                  
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