H.R. 5326 (112th): Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013

Introduced:
May 02, 2012 (112th Congress, 2011–2013)
Sponsor:
Rep. Frank Wolf [R-VA10]
Status:
Died (Passed House)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


5/10/2012. Makes appropriations for FY2013 for the Departments of Commerce and Justice, for science-related programs, and related agencies.
Title I - Department of Commerce
Department of Commerce Appropriations Act, 2013 - Makes appropriations for the Department of Commerce for FY2013 for:
(1) the International Trade Administration;
(2) the Bureau of Industry and Security;
(3) the Economic Development Administration;
(4) the Minority Business Development Agency;
(5) economic and statistical analysis programs;
(6) the Bureau of the Census;
(7) the National Telecommunications and Information Administration;
(8) the United States Patent and Trademark Office (USPTO);
(9) the National Institute of Standards and Technology (NIST);
(10) the National Oceanic and Atmospheric Administration (NOAA); and
(11) departmental management, including for the Office of Inspector General.
Section 105 -
Adopts by reference provisions of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 that:
(1) set forth determinations that must be made by the Under Secretary of Commerce for Oceans and Atmosphere in order for NOAA to enter a contract for development of a major program (an activity approved to proceed to implementation that has an estimated life cycle cost of more than $250 million), and
(2) require the Under Secretary to annually submit a Major Program Annual Report that includes such required information for the satellite development program for which NOAA proposes to expend funds in the subsequent year.
Section 109 -
Directs the Department of Commerce to provide a monthly report to the Appropriations Committees on any official travel to China by any employee of the Department.
Title II - Department of Justice
Department of Justice Appropriations Act, 2013 - Makes appropriations for the Department of Justice (DOJ) for FY2013 for:
(1) general administration, including for the Office of Inspector General;
(2) the United States Parole Commission;
(3) legal activities, including for reimbursement from the Vaccine Injury Compensation Trust Fund for processing cases under the National Childhood Vaccine Injury Act of 1986, the Offices of the United States Attorneys, the United States Trustee Program, the Foreign Claims Settlement Commission, the Community Relations Service, and the Assets Forfeiture Fund;
(4) the United States Marshals Service;
(5) the National Security Division;
(6) interagency crime and drug enforcement;
(7) the Federal Bureau of Investigation (FBI);
(8) the Drug Enforcement Administration (DEA);
(9) the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF);
(10) the federal prison system, including for Federal Prison Industries, Incorporated;
(11) the Office on Violence Against Women for violence against women prevention and prosecution programs, including for establishment of a national clearinghouse to provide training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women;
(12) Office of Justice programs, including the Edward Byrne Memorial Justice Assistance Grant Program, the State Criminal Alien Assistance Program, a veterans treatment courts program, the Capital Litigation Improvement Grant Program, the National Criminal History Improvement Program, and a program to monitor prescription drugs and scheduled listed chemical products; and
(13) Community Oriented Policing Services (COPS program).
Section 202 -
Prohibits the use of funds to: (1) pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion.
Section 217 -
Prohibits the use of funds by a federal law enforcement officer to facilitate the transfer of an operable firearm to an individual known or suspected to be an agent of a drug cartel, unless U.S. law enforcement personnel continuously monitor or control the firearm at all times.
Section 219 -
Prohibits the use of funds to require a person licensed to engage in the business of importing, manufacturing, or dealing in firearms or importing or manufacturing ammunition to report information to DOJ regarding the sale of multiple rifles or shotguns to the same person.
Title III - Science
Makes appropriations for FY2013 for: (1) the Office of Science and Technology Policy (OSTP); (2) the National Aeronautics and Space Administration (NASA; and (3) the National Science Foundation (NSF), including for the Office of the National Science Board.
Title IV - Related Agencies
Makes appropriations for FY2013 for: (1) the Commission on Civil Rights, (2) the Equal Employment Opportunity Commission (EEOC), (3) the International Trade Commission, (4) the Legal Services Corporation, (5) the Marine Mammal Commission, (6) the Office of the United States Trade Representative (USTR), and (7) the State Justice Institute.
Title V - General Provisions
Section 501 -
Sets forth requirements, restrictions, and limitations on the use of funds appropriated by this Act.
Section 506 -
Makes any person who mislabels a product sold in or shipped to the United States as "Made in America" ineligible to receive any contract or subcontract funded by this Act.
Section 509 -
Prohibits the use of funds to promote the sale or export of tobacco or tobacco products or to seek the removal by any foreign country of restrictions on marketing of such products, except for restrictions which are not applied equally to all tobacco products of the same type.
Section 517 -
Prohibits the use of funds to: (1) support or justify the use of torture by any official or contract employee of the U.S. government, or (2) authorize or issue a national security letter in contravention of specified statutes authorizing the FBI to issue national security letters.
Section 526 -
Rescinds specified amounts of unobligated balances available to DOJ for specified accounts.
Section 529 -
Prohibits the use of funds to: (1) transfer or release to or within the United States Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces and who is or was held on or after June 24, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by the Department of Defense (DOD); or (2) construct, acquire, or modify any facility in the United States, its territories, or possessions to detain or imprison such a detainee.
Section 531 -
Prohibits the distribution of funds to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.
Section 534 -
Prohibits the use of funds for NASA or OSTP to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order or contract to participate, collaborate, or coordinate bilaterally with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after this Act's enactment.
Specifies that such limitations shall not apply to activities which NASA or OSTP has certified:
(1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights.
Section 535 -
Directs the head of any department, agency, board, or commission funded by this Act to submit quarterly reports regarding the costs and contracting procedures relating to each conference held by it during FY2013 for which the cost to the government exceeded $20,000.
Section 536 -
Prohibits the use of funds to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if:
(1) all other legal requirements with respect to the proposed importation are met; and
(2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.
Section 542 -
Prohibits the use of funds by the Attorney General to originate or join in any lawsuit that seeks to overturn, enjoin, or invalidate specified immigration laws in Alabama, Arizona, Georgia, Indiana, Missouri, Oklahoma, South Carolina, and Utah.
Section 547 -
Prohibits the use of funds: (1) to defend against any action challenging the Patient Protection and Affordable Care Act or specified provisions of the Health Care and Education Reconciliation Act of 2010, or (2) to litigate against any of the states on behalf of the National Labor Relations Board (NLRB) pertaining to secret ballot union elections.
Section 549 -
Prohibits the use of funds by DOJ: (1) to be a party to a single or multi-state court settlement where funds are removed from any residential mortgage-backed securitization trust, or (2) to bring any action against a state for implementation of a state law requiring voter identification.
Section 551 -
Prohibits the use of funds:
(1) to conduct the American Community Survey,
(2) to enforce provisions of the Energy Independence and Security Act of 2007 prohibiting federal agency procurement of an alternative or synthetic fuel for any mobility-related use, other than for research or testing, unless the contract specifies that the life cycle greenhouse gas emissions associated with such fuel must be less than or equal to such emissions from the equivalent conventional fuel, or
(3) to implement the National Ocean Policy developed under Executive Order 13547.
Section 557 -
Reduces amounts available under specified headings under this Act and increases the amounts available to DOJ for emergency federal law enforcement assistance and to the Department of Commerce for NIST industrial technology services.
Section 561 -
Prohibits the use of funds: (1) in contravention of the Defense of Marriage Act, or (2) to carry out the activities of the Climate Change education program or the functions of the Political Science Program in the Division of Social and Economic Sciences of the Directorate for Social, Behavioral, and Economic Sciences of NSF.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/112/2/hr5326.

Summary

H.R. 5326 would provide $51.131 billion in discretionary appropriations for agencies and programs funding through the Commerce/Justice/Science appropriations bill for FY 2013. Funding provided under the legislation would be $1.61 billion or 3 percent below the amount of funding provided for FY 2012. The amount of funding provided is $731 million or 1.4 percent below the amount requested by the president for FY 2013.

The Commerce/Justice/Science appropriations bill provides funding for the Department of Commerce, the Department of Justice, and Federal science agencies, such as the National Aeronautics and Space Administration (NASA) the National Oceanic and Atmospheric Administration (NOAA), and the National Science Foundation (NSF), and related agencies. Appropriations for Justice programs in the bill provides money for the Federal Bureau of Investigate as well as the Federal Prison System and the U.S. Marshals Service. 

Title I—Department of Commerce

H.R. 5326 would provide $7.7 billion in discretionary budget authority for the Department of Commerce in FY 2013. Funding for the Department of Commerce represents an increase of $96 million or 1.3 percent above last year’s level and a reduction of $280 million or 3.5 percent below the president’s request.

Census Bureau:  The bill would provide $878.6 million for the Census Bureau, a reduction of $9.6 million form FY 2012 and $91.7 million below the president’s request.

EDA: The bill would provide $219 million for the Economic Development Administration (EDA), a reduction of $238 million from FY 2012 and $219,000 below the president’s request. FY 2011 funding for the EDA includes $200 million for disaster assistance in response to natural disaster declarations during fiscal year 2011. The EDA operates a number of taxpayer funded economic development programs.

NOAA:  The bill would provide $4.96 billion for the National Oceanic and Atmospheric Administration (NOAA), an increase of $68 million over FY 2012 and a reduction of $93 million from the president’s request.

ITA:  The bill would provide $458 million for the International Trade Administration (ITA), which is $2.7 million above FY 2012 and $58 million below the president’s request.

NIST: The bill would provide $830 million for the National Institute of Standards and Technology (NIST), an increase of $79 above FY 2012 and a reduction of $26.8 million from the president’s request.

 

Title II—Department of Justice

H.R. 5326 would provide $27.41 billion in discretionary budget authority for the Department of Justice (DOJ) in FY 2013. Funding for the DOJ represents an increase of $11 million above last year’s level and $44 million below the president’s request.

FBI: The bill would provide $8.26 billion for the Federal Bureau of Investigation (FBI), an increase of $148 million above FY 2012 and $34 million above the president’s request. The bill includes increases for national security programs, investigations of cyber-attacks and violent crime and gang reduction programs.

Prisons: The bill would provide $6.9 billion for the Federal Prison System, an increase of $268 million above FY 2012 and a reduction of $9 million from the president’s request.

Local Assistance: The bill would provide $1.84 billion for state and local law enforcement assistance grants, a reduction of $377 million below FY 2012 and $51 million above the president’s request.

DEA: The bill would provide $2.04 billion for the Drug Enforcement Administration (DEA), an increase of $9 million over FY 2012 and a reduction of $7 million below the president’s request. The bill includes an increase of $31 million for regulatory and enforcement efforts to combat prescription drug abuse, and $12.5 million (by transfer) to assist states and communities with hazardous material clean-up at meth lab sites.

U.S. Marshals: The bill would provide $2.8 billion for the U.S. Marshals Service (USMS), which is an increase of $1.65 billion over FY 2012 and a reduction of $35 million below the president’s request. 

BATF: The bill would provide $1.15 billion for the Bureau of Alcohol, Tobacco, Firearms and Explosives, an increase of $1.3 million above FY 2012 and the same amount as the president’s request.

 

Title III—Science

H.R. 5326 would provide $24.9 billion in discretionary budget authority for the for science programs in FY 2013. Funding for science programs would represent an increase of $74 million above FY 2012 and $178 million below the president’s request.

NASA: The bill would provide $17.57 billion for the National Aeronautics and Space Administration (NASA), a reduction of $226 million below FY 2012 and $137 million below the president’s request. Funding for NASA includes $3.7 billion for Exploration, $59 million below fiscal year 2012. This includes funding to keep NASA on schedule for upcoming Multi-Purpose Crew Vehicle and Space Launch System flight milestones and to maintain progress in a reconfigured commercial crew program. The bill includes $4 billion for Space Operations, which is $249 million below fiscal year 2012. The legislation will continue the closeout of the Space Shuttle program for a savings of $503 million. The bill would provide $5.1 billion for NASA Science programs, $5 million above fiscal year 2012. This includes $1.4 billion for planetary science to ensure the continuation of critical research and development programs that were imperiled by the President’s request. This also includes $628 million, as requested, for the James Webb Space Telescope.

National Science Foundation:The bill would provide $7.3 billion in funding for the National Science Foundation, an increase of $299 million above FY 2012 and a reduction of $40 million below the president’s request.

Title IV—Related Agencies

Commerce/Justice/Science appropriations bill for FY 2013 includes $846 million in spending for a number of related agencies, which is a reduction of $10 million or 1 percent below FY 2012 and $82 million or 9 percent below the president’s request.

 

Commission on Civil Rights: The bill would provide $9.1 million for the Commission on Civil Rights, which is responsible for investigating charges of citizens being deprived of voting and other civil rights. The funding level is the same as FY 2012 and $207,000 below the president’s request.

EEOC: The bill would provide $366 million for the Equal Employment Opportunity Commission (EEOC), the government agency with jurisdiction over employment discrimination issues. The funding is a $6 million reduction from FY 2012 and $7 million below the president’s request.

Legal Services: The bill would provide $328 million for the Federal Legal Services Corporation (LSC), a reduction of $20 million below FY 2012 and $74 million below the president’s request. The program gives taxpayer funds to provide free civil legal aid for low-income individuals. The program distributes the vast majority of its funding to nonprofit legal aid entities.

 

FY 2013 Commerce, Justice, Science, and Related Agencies Appropriations

(Discretionary Appropriations in Thousands of Dollars) 

Program

FY 2012

President Request

H.R. 5326

Change from FY 2012

Change from Request

% Change from FY 2012

% Change from Request

Title I - Department of Commerce

International Trade Administration

455,561

517,000

458,298

2,737

-58,702

0.60%

-11.4%

Bureau of Industry and Security

101,000

102,328

101,000

0

-1,328

0.00%

-1.3%

Economic Development Administration

457,500

219,719

219,500

-238,000

-219

-52.02%

-0.1%

Minority Business Development Agency

30,339

28,689

28,689

-1,650

0

-5.44%

0.0%

Census Bureau

888,336

970,425

878,693

-9,643

-91,732

-1.09%

-9.5%

National Telecommunications and Information Administration

45,568

46,925

45,568

0

-1,357

0.00%

-2.9%

National Institute of Standards and Technology

750,824

857,000

830,173

79,349

-26,827

10.57%

-3.1%

National Oceanic and Atmospheric Administration

4,893,675

5,054,546

4,961,669

67,994

-92,877

1.39%

-1.8%

Commerce Departmental Management

88,946

86,793

83,753

-5,193

-3,040

-5.84%

-3.5%

Title I - Total Discretionary Appropriations

7,607,749

7,983,694

7,703,343

95,594


-280,351


1.26%


-3.5%


 

 

 

 

 

 

 

 

Title II - Department of Justice

DOJ General Administration

 262,129

 161,093

   143,748

-118,381

-17,345

-45.16%

-10.8%

Administrative Review and Appeals

301,000

309,438

309,438

8,438

0

2.80%

0.0%

Detention Trustee

1,580,595

-

-

-1,580,595

0

-100.00%


DOJ Office of Inspector General

84,199

85,985

84,199

0

-1,786

0.00%

-2.1%

US Parole Commission Salaries and Expenses

12,833

12,772

12,772

-61

0

-0.48%

0.0%

General Legal Activities

863,367

903,603

863,367

0

-40,236

0.00%

-4.5%

Antitrust Division Salaries and Expenses

51,587

49,753

44,587

-7,000

-5,166

-13.57%

-10.4%

US Attorneys Salaries and Expenses

1,960,000

1,974,378

1,965,000

5,000

-9,378

0.26%

-0.5%

Foreign Claims Settlement Commission

2,000

2,139

2,000

0

-139

0.00%

-6.5%

Fees and Expenses of Witnesses

270,000

270,000

270,000

0

0

0.00%

0.0%

Community Relations Service

11,456

12,036

11,456

0

-580

0.00%

-4.8%

US Marshals Service

1,189,000

2,881,723

2,845,871

1,656,871

-35,852

139.35%

-1.2%

National Security Division

87,000

90,039

90,039

3,039

0

3.49%

0.0%

Interagency Crime and Drug Enforcement

527,512

524,793

521,793

-5,719

-3,000

-1.08%

-0.6%

Federal Bureau of Investigation

8,117,973

8,232,003

8,265,989

148,016

33,986

1.82%

0.4%

Drug Enforcement Administration

2,035,000

2,050,904

2,043,904

8,904

-7,000

0.44%

-0.3%

Bureau of Alcohol, Tobacco, Firearms and Explosives

1,152,000

1,153,345

1,153,345

1,345

0

0.12%

0.0%

Federal Prison System

6,643,981

6,922,106

6,912,917

268,936

-9,189

4.05%

-0.1%

State and Local Law Enforcement Assistance

2,227,300

1,798,387

1,849,800

-377,500

51,413

-16.95%

2.9%

Title II - Total Discretionary Spending

27,407,713

27,463,278

27,419,006

11,293

-44,272

0.04%

-0.2%

 

 

 

 

 

 

 

 

Title III - Science

Office of Science and Technology Policy

4500

5850

5850

1,350

0

30.00%

0.0%

National Aeronautics and Space Administration (NASA)

17,800,000

17,711,400

17,573,800

-226,200

-137,600

-1.27%

-0.8%

National Science Foundation

7,033,095

7,373,100

7,332,513

299,418

-40,587

4.26%

-0.6%

Title III - Total Discretionary Appropriations

24,837,595

25,090,350

24,912,163

74,568

-178,187

0.30%

-0.7%

 

 

 

 

 

 

 

 

Title IV - Related Agencies

Commission on Civil Rights

                   9,193

                   9,400

                  9,193

0

-207

0.00%

-2.2%

Equal Employment Opportunity Commission

360,000

    373,711

 366,568

6,568

-7,143

1.82%

-1.9%

International Trade Commission

80,000

82,800

83,000

3,000

200

3.75%

0.2%

Legal Services Corporation

348,000

 402,000

328,000

-20,000

-74,000

-5.75%

-18.4%

Marine Mammal Commission

  3,025

       3,081

  3,025

0

-56

0.00%

-1.8%

Office of the U.S. Trade Representative

 51,251

    53,041

  51,251

0

-1,790

0.00%

-3.4%

State Justice Institute

       5,121

     5,121

  5,121

0

0

0.00%

0.0%

Title IV -Total Discretionary Spending

  856,590

929,154

  846,158

-10,432

-82,996

-1.22%

-8.9%

 

 

 

 

 

 

 

 

Total

52,744,000

51,862,000

51,131,000

-1,613,000

-731,000

-3.06%

-1.4%

 

Cost

According to CBO, H.R. 5326 would provide $51.131 billion in discretionary budget authority for programs funded through the Commerce/Justice/Science Appropriations bill in FY 2013. 

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

Slip Laws

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United States Code

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Statutes at Large

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  • 40 Stat. 223