[113th Congress Public Law 6]
[From the U.S. Government Publishing Office]
[[Page 197]]
CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2013
[[Page 127 STAT. 198]]
Public Law 113-6
113th Congress
An Act
Making consolidated appropriations and further continuing appropriations
for the fiscal year ending September 30, 2013, and for other
purposes. <<NOTE: Mar. 26, 2013 - [H.R. 933]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consolidated and
Further Continuing Appropriations Act, 2013.>>
short title
Section 1. This Act may be cited as the ``Consolidated and Further
Continuing Appropriations Act, 2013''.
table of contents
Sec. 2. The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Availability of funds.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2013
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2013
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related agencies
Title V--General provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2013
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related agencies
Title VIII--General provisions
Title IX--Overseas contingency operations
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2013
Title I--Departmental management and operations
[[Page 127 STAT. 199]]
Title II--Security, enforcement, and investigations
Title III--Protection, preparedness, response, and recovery
Title IV--Research and development, training, and services
Title V--General provisions
DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2013
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION F--FURTHER CONTINUING APPROPRIATIONS ACT, 2013
Title I--General Provisions
Title II--Energy and Water Development
Title III--Financial Services and General Government
Title IV--Interior, Environment, and Related Agencies
Title V--Labor, Health and Human Services, and Education, and Related
Agencies
Title VI--Legislative Branch
Title VII--Department of State, Foreign Operations, and Related Programs
Title VIII--Transportation and Housing and Urban Development, and
Related Agencies
DIVISION G--OTHER MATTERS
references
Sec. 3. Except <<NOTE: 1 USC 1 note.>> as expressly provided
otherwise, any reference to ``this Act'' contained in division A, B, C,
D, or E of this Act shall be treated as referring only to the provisions
of that division.
explanatory statement
Sec. 4. The explanatory statement regarding this Act printed in the
Senate section of the Congressional Record on or about March 11, 2013,
by the Chairwoman of the Committee on Appropriations of the Senate shall
have the same effect with respect to the allocation of funds and
implementation of this Act as if it were a joint explanatory statement
of a committee of conference.
availability of funds
Sec. 5. Each <<NOTE: President.>> amount designated in this Act by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall be available (or rescinded, if
applicable) only if the President subsequently so designates all such
amounts and transmits such designations to the Congress.
DIVISION <<NOTE: Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2013.>> A--
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2013, for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs and for other purposes,
namely:
[[Page 127 STAT. 200]]
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $46,388,000,
of which not to exceed $5,051,000 shall be available for the immediate
Office of the Secretary; not to exceed $498,000 shall be available for
the Office of Tribal Relations; not to exceed $1,496,000 shall be
available for the Office of Homeland Security and Emergency
Coordination; not to exceed $1,422,000 shall be available for the Office
of Advocacy and Outreach; not to exceed $25,046,000 shall be available
for the Office of the Assistant Secretary for Administration, of which
$24,242,000 shall be available for Departmental Administration to
provide for necessary expenses for management support services to
offices of the Department and for general administration, security,
repairs and alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical and efficient
work of the Department; not to exceed $3,869,000 shall be available for
the Office of Assistant Secretary for Congressional Relations to carry
out the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive branch; and
not to exceed $9,006,000 shall be available for the Office of
Communications: Provided, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent: Provided further, That
not to exceed $11,000 of the amount made available under this paragraph
for the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise provided
for, as determined by the Secretary: Provided further, That the amount
made available under this heading for Departmental Administration shall
be reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under this heading
for the Office of Assistant Secretary for Congressional Relations may be
transferred to agencies of the Department of Agriculture funded by this
Act to maintain personnel at the agency <<NOTE: Obligation
availability. Deadline. Notification.>> level: Provided further, That
no funds made available under this heading for the Office of Assistant
Secretary for Congressional Relations may be obligated after 30 days
from the date of enactment of this Act, unless the Secretary has
notified the Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency.
Executive Operations
office of the chief economist
For <<NOTE: Deadline.>> necessary expenses of the Office of the
Chief Economist, $16,008,000, of which $4,000,000 shall be for grants or
cooperative
[[Page 127 STAT. 201]]
agreements for policy research under 7 U.S.C. 3155 and shall be
obligated within 90 days of the enactment of this Act.
national appeals division
For necessary expenses of the National Appeals Division,
$14,225,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
$9,049,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $44,031,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, <<NOTE: Reports.>> $6,247,000: Provided, That no funds made
available by this appropriation may be obligated for FAIR Act or
Circular A-76 activities until the Secretary has submitted to the
Committees on Appropriations of both Houses of Congress and the
Committee on Oversight and Government Reform of the House of
Representatives a report on the Department's contracting out policies,
including agency budgets for contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $893,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $22,692,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and other
actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and for
related costs, $271,336,000, to remain available until expended, of
which $175,694,000 shall be available for payments to the General
Services Administration for rent; of which $13,473,000 is for payments
to the Department of Homeland Security for building security activities;
and of which $82,169,000 is for buildings operations and maintenance
expenses:
[[Page 127 STAT. 202]]
Provided, That the Secretary may use unobligated prior year balances of
an agency or office that are no longer available for new obligation to
cover shortfalls incurred in prior year rental payments for such agency
or office: Provided further, That the Secretary is authorized to
transfer funds from a Departmental agency to this account to recover the
full cost of the space and security expenses of that agency that are
funded by this account when the actual costs exceed the agency estimate
which will be available for the activities and payments described
herein.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and
Recovery Act (42 U.S.C. 6901 et seq.), $3,992,000, to remain available
until expended: Provided, That appropriations and funds available
herein to the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in meeting all
requirements pursuant to the above Acts on Federal and non-Federal
lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General, including
employment pursuant to the Inspector General Act of 1978, $89,016,000,
including such sums as may be necessary for contracting and other
arrangements with public agencies and private persons pursuant to
section 6(a)(9) of the Inspector General Act of 1978, and including not
to exceed $125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the direction
of the Inspector General pursuant to Public Law 95-452 and section 1337
of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$45,074,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $3,405,000.
Office of the Under Secretary for Research, Education and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education and Economics, $893,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$77,397,000.
[[Page 127 STAT. 203]]
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $179,477,000, of which up to $62,500,000 shall be available
until expended for the Census of Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal
ownership, <<NOTE: 7 USC 2254.>> $1,101,853,000: Provided, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for the construction, alteration,
and repair of buildings and improvements, but unless otherwise provided,
the cost of constructing any one building shall not exceed $375,000,
except for headhouses or greenhouses which shall each be limited to
$1,200,000, and except for 10 buildings to be constructed or improved at
a cost not to exceed $750,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the <<NOTE: Maryland.>> building or
$375,000, whichever is greater: Provided further, That the limitations
on alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at <<NOTE: Easements.>> Beltsville,
Maryland: Provided further, That appropriations hereunder shall be
available for granting easements at the Beltsville Agricultural Research
Center: Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act of April
24, 1948 (21 U.S.C. 113a): Provided further, <<NOTE: Easements.>> That
appropriations hereunder shall be available for granting easements at
any Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by, and acceptable to,
the Agricultural Research Service and a condition of the easements shall
be that upon completion the facility shall be accepted by the Secretary,
subject to the availability of funds herein, if the Secretary finds that
acceptance of the facility is in the interest of the United States:
Provided further, That section 732(b) of division A of Public Law 112-55
(125 Stat. 587) is amended by adding at the end the following new
sentence: <<NOTE: Expiration date.>> ``The conveyance authority
provided by this subsection expires September 30, 2013, and all
conveyances under this subsection must be completed by that date.'':
Provided further, That funds may be received from any State, other
political subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research project of
the Agricultural Research Service, as authorized by law.
[[Page 127 STAT. 204]]
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$738,638,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the report
accompanying this Act: Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, capacity
building for non-land-grant colleges of agriculture, the agriculture and
food research initiative, Critical Agricultural Materials Act,
veterinary medicine loan repayment, multicultural scholars, graduate
fellowship and institution challenge grants, and grants management
systems shall remain available until expended: Provided further, That
each institution eligible to receive funds under the Evans-Allen program
receives no less than $1,000,000: Provided further, That funds for
education grants for Alaska Native and Native Hawaiian-serving
institutions be made available to individual eligible institutions or
consortia of eligible institutions with funds awarded equally to each of
the States of Alaska and Hawaii: Provided further, That funds for
education grants for 1890 institutions shall be made available to
institutions eligible to receive funds under 7 U.S.C. 3221 and 3222.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available
until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, the Northern Marianas, and American
Samoa, $475,854,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute of Food and
Agriculture, Extension Activities'' in the report accompanying this Act:
Provided, That funds for facility improvements at 1890 institutions
shall remain available until expended: Provided further, That
institutions eligible to receive funds under 7 U.S.C. 3221 for
cooperative extension receive no less than $1,000,000: Provided
further, That funds for cooperative extension under sections 3(b) and
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c)
of Public Law 93-471 shall be available for retirement and employees'
compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $21,482,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the report accompanying this Act: Provided, That funds
for the Food and Agriculture Defense Initiative shall remain available
until September 30, 2014.
[[Page 127 STAT. 205]]
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $893,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$821,851,000, of which $1,500,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $15,970,000, to remain available until expended,
shall be used for the cotton pests program for cost share purposes or
for debt retirement for active eradication zones; of which $36,858,000,
to remain available until expended, shall be for Animal Health Technical
Services; of which $696,000 shall be for activities under the authority
of the Horse Protection Act of 1970, as amended (15 U.S.C. 1831); of
which $52,000,000, to remain available until expended, shall be used to
support avian health; of which $4,335,000, to remain available until
expended, shall be for information technology infrastructure; of which
$153,950,000, to remain available until expended, shall be for specialty
crop pests; of which, $9,068,000, to remain available until expended,
shall be for field crop and rangeland ecosystem pests; of which
$56,638,000, to remain available until expended, shall be for tree and
wood pests; of which $2,750,000, to remain available until expended,
shall be for the National Veterinary Stockpile; of which up to
$1,500,000, to remain available until expended, shall be for the scrapie
program for indemnities; of which $1,500,000, to remain available until
expended, shall be for the wildlife damage management program for
aviation safety: Provided, That of amounts available under this heading
for wildlife services methods development, $1,000,000 shall remain
available until expended: Provided further, That of amounts available
under this heading for the screwworm program, $4,971,000 shall remain
available until expended: Provided further, That no funds shall be used
to formulate or administer a brucellosis eradication program for the
current fiscal year that does not require minimum matching by the States
of at least 40 percent: Provided further, That this appropriation shall
be available for the operation and maintenance of aircraft and the
purchase of not to exceed four, of which two shall be for replacement
only: Provided further, That in addition, in emergencies which threaten
any segment of the agricultural production industry of this country, the
Secretary may transfer from other appropriations or funds available to
the agencies or corporations of the Department such sums as may be
deemed necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious disease or pests of
animals, poultry, or plants, and for expenses in accordance with
sections 10411 and 10417 of the Animal Health Protection Act (7
[[Page 127 STAT. 206]]
U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection
Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds
transferred for such emergency purposes in the preceding fiscal year
shall be merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law (7 U.S.C.
2250) for the repair and alteration of leased buildings and
improvements, but unless otherwise provided the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In <<NOTE: Fees.>> fiscal year 2013, the agency is authorized to
collect fees to cover the total costs of providing technical assistance,
goods, or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity's liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency, and
such fees shall be reimbursed to this account, to remain available until
expended, without further appropriation, for providing such assistance,
goods, or services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
Marketing Services
For necessary expenses of the Agricultural Marketing Service,
$78,863,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $62,592,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses:
Provided, <<NOTE: Notification.>> That if crop size is understated and/
or other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program
[[Page 127 STAT. 207]]
expenses as authorized therein, and other related operating expenses,
except for: (1) transfers to the Department of Commerce as authorized by
the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise
provided in this Act; and (3) not more than $20,056,000 for formulation
and administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,331,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $40,261,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $50,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing
services: <<NOTE: Notification.>> Provided, That if grain export
activities require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded by up to
10 percent with notification to the Committees on Appropriations of both
Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food
Safety, $811,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,001,427,000; and in
addition, $1,000,000 may be credited to this account from fees collected
for the cost of laboratory accreditation as authorized by section 1327
of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
138f): Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until <<NOTE: Employment positions.>> expended: Provided further, That
no fewer than 148 full-time equivalent positions shall be employed
during fiscal year 2013 for purposes dedicated solely to inspections and
enforcement related to the Humane Methods of Slaughter Act: Provided
further, That the Food Safety and Inspection Service shall continue
implementation of section 11016 of
[[Page 127 STAT. 208]]
Public Law 110-246: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary expenses of the Office of the Under Secretary for Farm
and Foreign Agricultural Services, $893,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,208,290,000:
Provided, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with this
account: Provided further, That funds made available to county
committees shall remain available until expended.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987, as amended (7 U.S.C. 5101-5106), $4,369,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $5,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described in
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat.
1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
[[Page 127 STAT. 209]]
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
and Indian highly fractionated land loans (25 U.S.C. 488) to be
available from funds in the Agricultural Credit Insurance Fund, as
follows: $1,500,000,000 for guaranteed farm ownership loans and
$475,000,000 for farm ownership direct loans; $1,500,000,000 for
unsubsidized guaranteed operating loans and $1,050,090,000 for direct
operating loans; emergency loans, $34,658,000; Indian tribe land
acquisition loans, $2,000,000; guaranteed conservation loans,
$150,000,000; Indian highly fractionated land loans, $10,000,000; and
for boll weevil eradication program loans, <<NOTE: Pink Bollworm.>>
$100,000,000: Provided, That the Secretary shall deem the pink bollworm
to be a boll weevil for the purpose of boll weevil eradication program
loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership,
$20,140,000 for direct loans; farm operating loans, $58,490,000 for
direct operating loans, $17,850,000 for unsubsidized guaranteed
operating loans, emergency loans, $1,317,000, to remain available until
expended; and Indian highly fractionated land loans, $173,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $312,897,000, of which $304,977,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among
these <<NOTE: Notification. Deadline.>> programs: Provided, That the
Committees on Appropriations of both Houses of Congress are notified at
least 15 days in advance of any transfer.
Risk Management Agency
For necessary expenses of the Risk Management Agency, $74,900,000:
Provided, That the funds made available under section 522(e) of the
Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the Common
Information Management System: Provided further, That not to exceed
$1,000 shall be available for official reception and representation
expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The <<NOTE: Contracts.>> following corporations and agencies are
hereby authorized to make expenditures, within the limits of funds and
borrowing authority available to each such corporation or agency and in
accord with law, and to make contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the Government
Corporation Control Act as may be necessary in carrying out the programs
set forth in the budget for the current fiscal year for such corporation
or agency, except as hereinafter provided.
[[Page 127 STAT. 210]]
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $893,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests
[[Page 127 STAT. 211]]
therein for use in the plant materials program by donation, exchange, or
purchase at a nominal cost not to exceed $100 pursuant to the Act of
August 3, 1956 (7 U.S.C. 428a); purchase and erection or alteration or
improvement of permanent and temporary buildings; and operation and
maintenance of aircraft, $830,998,000, to remain available until
September 30, 2014: Provided, That appropriations hereunder shall be
available pursuant to 7 U.S.C. 2250 for construction and improvement of
buildings and public improvements at plant materials centers, except
that the cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided further,
That when buildings or other structures are erected on non-Federal land,
that the right to use such land is obtained as provided in 7 U.S.C.
2250a.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $14,700,000 is provided.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $893,000.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$206,857,000: Provided, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for advertising
and promotional activities that support the Rural Development mission
area: Provided further, That any balances available from prior years
for the Rural Utilities Service, Rural Housing Service, and the Rural
Business--Cooperative Service salaries and expenses accounts shall be
transferred to and merged with this appropriation.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$900,000,000 shall be for direct loans and $24,000,000,000 shall be for
unsubsidized guaranteed loans; $27,952,000 for section 504 housing
repair loans; $31,277,000 for section 515 rental housing; $150,000,000
for section 538 guaranteed
[[Page 127 STAT. 212]]
multi-family housing loans; $10,000,000 for credit sales of single
family housing acquired property; and $5,000,000 for section 523 self-
help housing land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $53,730,000 shall be for
direct loans; section 504 housing repair loans, $3,821,000; and repair,
rehabilitation, and new construction of section 515 rental housing,
$11,000,000: Provided, That to support the loan program level for
section 538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the projected cost of
such loan guarantees pursuant to the provisions of the Credit Reform Act
of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may not
be subsidized: Provided further, That applicants in communities that
have a current rural area waiver under section 541 of the Housing Act of
1949 (42 U.S.C. 1490q) shall be treated as living in a rural area for
purposes of section 502 guaranteed loans provided under this heading:
Provided further, That of the total amount appropriated in this
paragraph, the amount equal to the amount of Rural Housing Insurance
Fund Program Account funds allocated by the Secretary for Rural Economic
Area Partnership Zones for the fiscal year 2012, shall be available
through June 30, 2013, for communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones: Provided further,
That of the amounts available under this paragraph for section 502
direct loans, no less than $5,000,000 shall be available for direct
loans for individuals whose homes will be built pursuant to a program
funded with a mutual and self help housing grant authorized by section
523 of the Housing Act of 1949 until June 1, 2013.
In addition, for the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $16,526,000, to remain available
until expended, for direct farm labor housing loans and domestic farm
labor housing grants and contracts: Provided, That any balances
available for the Farm Labor Program Account shall be transferred to and
merged with this account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $410,627,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $907,128,000; and, in
addition, such sums as may be necessary, as authorized by section 521(c)
of the Act, to liquidate debt incurred prior to fiscal year 1992 to
carry out the rental assistance program under section 521(a)(2) of the
Act: Provided, That of this amount not less than $3,000,000 is
available for newly constructed units financed under sections 514 and
516 of the Housing Act of <<NOTE: Time period.>> 1949: Provided
further, That rental assistance agreements entered into or renewed
during the current fiscal year shall be funded for a 1-year period:
Provided further, That any unexpended balances remaining at the end of
such 1-year agreements
[[Page 127 STAT. 213]]
may be transferred and used for the purposes of any debt reduction;
maintenance, repair, or rehabilitation of any existing projects;
preservation; and rental assistance activities authorized under title V
of the <<NOTE: Time period.>> Act: Provided further, That rental
assistance provided under agreements entered into prior to fiscal year
2013 for a farm labor multi-family housing project financed under
section 514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period of 12
consecutive months, if such project has a waiting list of tenants
seeking such assistance or the project has rental assistance eligible
tenants who are not receiving such <<NOTE: Applicability.>> assistance:
Provided further, That such recaptured rental assistance shall, to the
extent practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act.
multi-family housing revitalization <<NOTE: Vouchers. Loans.>> program
account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $27,782,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $10,000,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided further,
That the amount of such voucher shall be the difference between
comparable market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available for such
vouchers shall be subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum extent
practicable, administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing vouchers
administered by the Secretary of the Department of Housing and Urban
Development: Provided further, That if the Secretary determines that
the amount made available for vouchers in this or any other Act is not
needed for vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph: Provided
further, That of the funds made available under this heading,
$17,782,000 shall be available for a demonstration program for the
preservation and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA multi-
family housing loans, as the Secretary deems appropriate, expressly for
the purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating, reducing
or reamortizing loan debt; and other financial assistance including
advances, payments and incentives (including the ability of owners to
obtain reasonable returns on investment) required by
the <<NOTE: Contracts.>> Secretary: Provided further, That the
Secretary shall as part of the preservation and revitalization agreement
obtain a
[[Page 127 STAT. 214]]
restrictive use agreement consistent with the terms of the
restructuring: Provided further, That if the Secretary determines that
additional funds for vouchers described in this paragraph are needed,
funds for the preservation and revitalization demonstration program may
be used for such vouchers: Provided further, That if Congress enacts
legislation to permanently authorize a multi-family rental housing loan
restructuring program similar to the demonstration program described
herein, the Secretary may use funds made available for the demonstration
program under this heading to carry out such legislation with the prior
approval of the Committees on Appropriations of both Houses of Congress:
Provided further, That in addition to any other available funds, the
Secretary may expend not more than $1,000,000 total, from the program
funds made available under this heading, for administrative expenses for
activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain available
until expended: Provided, That of the total amount appropriated under
this heading, the amount equal to the amount of Mutual and Self-Help
Grants allocated by the Secretary for Rural Economic Area Partnership
Zones for the fiscal year 2012, shall be available through June 30,
2013, for communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $33,136,000, to remain available until expended:
Provided, That of the total amount appropriated under this heading, the
amount equal to the amount of Rural Housing Assistance Grants allocated
by the Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2012, shall be available through June 30, 2013, for
communities designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones.
Rural Community Facilities Program Account
(including transfers of funds)
For gross obligations for the principal amount of direct loans as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $2,200,000,000 for direct
loans and $57,481,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of modifying
loans, as defined in section 502 of the Congressional Budget Act of
1974, $3,880,000, to remain available until expended.
For the cost of grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $28,428,000, to remain
available until expended: Provided, That $6,121,000 of the amount
appropriated under this heading shall be available
[[Page 127 STAT. 215]]
for a Rural Community Development Initiative: Provided further, That
such funds shall be used solely to develop the capacity and ability of
private, nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally Recognized
Native American Tribes to undertake projects to improve housing,
community facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide
matching funds from other sources, including Federal funds for related
activities, in an amount not less than funds <<NOTE: Grants.>> provided:
Provided further, That $5,938,000 of the amount appropriated under this
heading shall be to provide grants for facilities in rural communities
with extreme unemployment and severe economic depression (Public Law
106-387), with up to 5 percent for administration and capacity building
in the State rural development <<NOTE: Grants.>> offices: Provided
further, That $3,369,000 of the amount appropriated under this heading
shall be available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided further, That
of the total amount appropriated under this heading, the amount equal to
the amount of Rural Community Facilities Program Account funds allocated
by the Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2012, shall be available through June 30, 2013, for
communities designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones: Provided further, That sections 381E-H and 381N
of the Consolidated Farm and Rural Development Act are not applicable to
the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by sections 306 and 310B and described
in subsections (f) and (g) of section 310B and section 381E(d)(3) of the
Consolidated Farm and Rural Development Act, $85,904,000, to remain
available until <<NOTE: Grants.>> expended: Provided, That of the
amount appropriated under this heading, not to exceed $1,000,000 shall
be made available for two grants to qualified national organizations to
provide technical assistance for rural transportation in order to
promote economic development and $3,000,000 shall be for grants to the
Delta Regional Authority (7 U.S.C. 2009aa et seq.) for any Rural
Community Advancement Program purpose as described in section 381E(d) of
the Consolidated Farm and Rural Development Act, of which not more than
5 percent may be used for administrative <<NOTE: Grants.>> expenses:
Provided further, That $4,000,000 of the amount appropriated under this
heading shall be for business grants to benefit Federally Recognized
Native American Tribes, including $250,000 for a grant to a qualified
national organization to provide technical assistance for rural
transportation in order to promote economic development: Provided
further, That of the total amount appropriated under this heading, the
amount
[[Page 127 STAT. 216]]
equal to the amount of Rural Business Program Account funds allocated by
the Secretary for Rural Economic Area Partnership Zones for the fiscal
year 2012, shall be available through June 30, 2013, for communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones for the rural business and cooperative development
programs described in section 381E(d)(3) of the Consolidated Farm and
Rural Development Act: Provided further, That sections 381E-H and 381N
of the Consolidated Farm and Rural Development Act are not applicable to
funds made available under this heading.
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the Rural
Development Loan Fund (42 U.S.C. 9812(a)), $18,889,000.
For the cost of direct loans, $6,052,000, as authorized by the Rural
Development Loan Fund (42 U.S.C. 9812(a)), of which $900,000 shall be
available through June 30, 2013, for Federally Recognized Native
American Tribes; and of which $2,000,000 shall be available through June
30, 2013, for Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That of the total amount appropriated under this heading, the amount
equal to the amount of Rural Development Loan Fund Program Account funds
allocated by the Secretary for Rural Economic Area Partnership Zones for
the fiscal year 2012, shall be available through June 30, 2013, for
communities designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $4,438,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
Rural Economic Development Loans Program Account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification Act
of 1936, $180,000,000 shall not be obligated and $180,000,000 are
rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $27,706,000, of which $2,250,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,456,000 shall be for grants
for cooperative development centers, individual
[[Page 127 STAT. 217]]
cooperatives, or groups of cooperatives that serve socially
disadvantaged groups and a majority of the boards of directors or
governing boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $15,000,000, to remain
available until expended, shall be for value-added agricultural product
market development grants, as authorized by section 231 of the
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note).
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $3,400,000: Provided,
That the cost of loan guarantees, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $524,466,000, to remain
available until expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be
available for the rural utilities program described in section 306E of
such <<NOTE: Loans. Grants. Hawaii.>> Act: Provided, That $66,500,000
of the amount appropriated under this heading shall be for loans and
grants including water and waste disposal systems grants authorized by
306C(a)(2)(B) and 306D of the Consolidated Farm and Rural Development
Act, Federally recognized Native American Tribes authorized by
306C(a)(1), and the Department of Hawaiian Home Lands (of the State of
Hawaii): Provided further, That funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be provided to a
consortium formed pursuant to section 325 of Public Law 105-83:
Provided further, That not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development Act may
be used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided for section
306D of the Consolidated Farm and Rural Development Act may be used by a
consortium formed pursuant to section 325 of Public Law 105-83 for
training and technical
assistance <<NOTE: Grants. Determination.>> programs: Provided further,
That not to exceed $19,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural water and
waste systems pursuant to section 306(a)(14) of such Act, unless the
Secretary makes a determination of extreme need, of which $5,750,000
shall be made available for a grant to a qualified non-profit multi-
state regional technical assistance organization, with experience in
[[Page 127 STAT. 218]]
working with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural communities
with populations of 3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste water systems,
and of which not less than $800,000 shall be for a qualified national
Native American organization to provide technical assistance for rural
water systems for tribal communities: <<NOTE: Contracts.>> Provided
further, That not to exceed $15,000,000 of the amount appropriated under
this heading shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water <<NOTE: Grants.>> systems: Provided further,
That not to exceed $3,400,000 shall be for solid waste management
grants: Provided further, That of the total amount appropriated under
this heading, the amount equal to the amount of Rural Water and Waste
Disposal Program Account funds allocated by the Secretary for Rural
Economic Area Partnership Zones for the fiscal year 2012, shall be
available through June 30, 2013, for communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones for
the rural utilities programs described in section 381E(d)(2) of the
Consolidated Farm and Rural Development Act: Provided further, That
$10,000,000 of the amount appropriated under this heading shall be
transferred to, and merged with, the Rural Utilities Service, High
Energy Cost Grants Account to provide grants authorized under section 19
of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided
further, That any prior year balances for high-energy cost grants
authorized by section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a) shall be transferred to and merged with the Rural Utilities
Service, High Energy Cost Grants Account: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to the funds made available under this heading.
For gross obligations for the principal amount of direct loans as
authorized by section 1006a of title 16 of the United States Code,
except for the limitations contained in the last sentence of such
section, for projects whose features include agricultural water supply
benefits, groundwater protection, environmental enhancement and flood
control, $40,000,000: Provided, That such loans shall be made by the
Rural Utilities Service.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized by
sections 305 and 306 of the Rural Electrification Act of 1936 (7 U.S.C.
935 and 936) shall be made as follows: 5 percent rural electrification
loans, $100,000,000; loans made pursuant to section 306 of that Act,
rural electric, $6,500,000,000; guaranteed underwriting loans pursuant
to section 313A, $500,000,000; cost of money rural telecommunications
loans, $690,000,000: Provided, That up to $2,000,000,000 shall be used
for the construction, acquisition, or improvement of fossil-fueled
electric generating plants (whether new or existing) that utilize carbon
sequestration systems.
[[Page 127 STAT. 219]]
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $34,467,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$42,239,000.
For <<NOTE: Grants.>> grants for telemedicine and distance learning
services in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$24,950,000, to remain available until expended: Provided, That
$3,000,000 shall be made available for grants authorized by 379G of the
Consolidated Farm and Rural Development Act: Provided further, That
funding provided under this heading for grants under 379G of the
Consolidated Farm and Rural Development Act may only be provided to
entities that meet all of the eligibility criteria for a consortium as
established by this section: Provided further, That $3,000,000 shall be
made available to those noncommercial educational television broadcast
stations that serve rural areas and are qualified for Community Service
Grants by the Corporation for Public Broadcasting under section 396(k)
of the Communications Act of 1934, including associated translators and
repeaters, regardless of the location of their main transmitter, studio-
to-transmitter links, and equipment to allow local control over digital
content and programming through the use of high-definition broadcast,
multi-casting and datacasting technologies.
For the cost of broadband loans, as authorized by section 601 of the
Rural Electrification Act, $4,000,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, $10,372,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition and Consumer Services, $811,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17
and 21; $19,916,436,000, to remain available through September 30, 2014,
of which such sums as are made available under section 14222(b)(1) of
the Food, Conservation, and
[[Page 127 STAT. 220]]
Energy Act of 2008 (Public Law 110-246), as amended by this Act, shall
be merged with and available for the same time period and purposes as
provided herein: Provided, That of the total amount available,
$16,504,000 shall be available to carry out section 19 of the Child
Nutrition Act of 1966 (42 U.S.C. 1771 <<NOTE: Grants.>> et seq.):
Provided further, That of the total amount available, $35,000,000 shall
be available to provide competitive grants to State agencies for
subgrants to local educational agencies and schools to purchase the
equipment needed to serve healthier meals, improve food safety, and to
help support the establishment, maintenance, or expansion of the school
breakfast program.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $7,046,000,000, to remain available through
September 30, 2014: Provided, That notwithstanding section 17(h)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than
$60,000,000 shall be used for breastfeeding peer counselors and other
related activities, $14,000,000 shall be used for infrastructure, and
$35,000,000 shall be used for management
information <<NOTE: Determination.>> systems: Provided further, That
funds made available for the purposes specified in section
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall only be made
available upon a determination by the Secretary that funds are available
to meet caseload requirements without the use of funds in the
contingency reserve that are without fiscal year limitation: Provided
further, That none of the funds provided in this account shall be
available for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully reimbursed
by other Federal Government departments or agencies unless authorized by
section 17 of such Act.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $77,290,160,000, of which $3,000,000,000,
to remain available through September 30, 2014, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
provided herein shall be expended in accordance with section 16 of the
Food and Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to provide
nutrition education services to state agencies and Federally recognized
tribes participating in the Food Distribution Program on Indian
Reservations: Provided <<NOTE: Workfare.>> further, That this
appropriation shall be subject to any work registration or workfare
requirements as may be required by law: Provided further, That funds
made available for Employment and Training under this heading shall
remain available until expended, notwithstanding section 16(h)(1) of the
Food and Nutrition Act of 2008: Provided further, That funds made
available under this heading may be used to enter into contracts and
employ staff to conduct studies, evaluations, or to conduct activities
related
[[Page 127 STAT. 221]]
to program integrity provided that such activities are authorized by the
Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note);
the Emergency Food Assistance Act of 1983; special assistance for the
nuclear affected islands, as authorized by section 103(f)(2) of the
Compact of Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $253,952,000, to remain
available through September 30, 2014: Provided, That none of these
funds shall be available to reimburse the Commodity Credit Corporation
for commodities donated to the program: Provided further, That
notwithstanding any other provision of law, effective with funds made
available in fiscal year 2013 to support the Seniors Farmers' Market
Nutrition Program, as authorized by section 4402 of the Farm Security
and Rural Investment Act of 2002, such funds shall remain available
through September 30, 2014: Provided further, That of the funds made
available under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 10 percent for costs
associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$143,505,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171, as
amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $158,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $176,789,000: Provided, That the Service may utilize
advances of funds, or reimburse this appropriation for expenditures made
on behalf of Federal agencies, public and private organizations and
institutions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for middle-
income country training programs, funds made available for the Borlaug
International Agricultural Science and Technology Fellowship program,
and up to
[[Page 127 STAT. 222]]
$2,000,000 of the Foreign Agricultural Service appropriation solely for
the purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign Agricultural
Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfers of funds)
For administrative expenses to carry out the credit program of title
I, Food for Peace Act (Public Law 83-480) and the Food for Progress Act
of 1985, $2,806,000, shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries
and <<NOTE: Notification.>> Expenses'': Provided, That funds made
available for the cost of agreements under title I of the Agricultural
Trade Development and Assistance Act of 1954 and for title I ocean
freight differential may be used interchangeably between the two
accounts with prior notice to the Committees on Appropriations of both
Houses of Congress.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480, as amended),
for commodities supplied in connection with dispositions abroad under
title II of said Act, $1,435,000,000, to remain available until
expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $184,000,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein.
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $6,806,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $6,452,000 shall be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $354,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
[[Page 127 STAT. 223]]
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $4,223,295,000: Provided, That of the amount provided under
this heading, $718,669,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to this account
and remain available until expended, and shall not include any fees
pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year
2014 but collected in fiscal year 2013; $97,722,000 shall be derived
from medical device user fees authorized by 21 U.S.C. 379j, and shall be
credited to this account and remain available until expended;
$299,000,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $20,242,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-52,
and shall be credited to this account and remain available until
expended; $23,848,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $6,031,000 shall be derived from
animal generic drug user fees authorized by 21 U.S.C. 379j-21, and shall
be credited to this account and remain available until expended;
$505,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended; $12,925,000 shall be derived from food and
feed recall fees authorized by 21 U.S.C. 379j-31, and shall be credited
to this account and remain available until expended; $15,367,000 shall
be derived from food reinspection fees authorized by 21 U.S.C. 379j-31,
and shall be credited to this account and remain available until
expended; and amounts derived from voluntary qualified importer program
fees authorized by 21 U.S.C. 379j-31, and shall be credited to this
account and remain available until expended: Provided
further, <<NOTE: Fees.>> That in addition and notwithstanding any other
provision under this heading, amounts collected for prescription drug
user fees, medical device user fees, human generic drug user fees,
biosimilar biological product user fees, animal drug user fees, and
animal generic drug user fees that exceed the respective fiscal year
2013 limitations are appropriated and shall be credited to this account
and remain available until expended: Provided <<NOTE: Fees.>> further,
That fees derived from prescription drug, medical device, animal drug,
and animal generic drug assessments for fiscal year 2013
[[Page 127 STAT. 224]]
received during fiscal year 2013, including any such fees assessed prior
to fiscal year 2013 but credited for fiscal year 2013, shall be subject
to the fiscal year 2013 limitations: Provided further, That none of
these funds shall be used to develop, establish, or operate any program
of user fees authorized by 31 U.S.C. 9701: Provided further, That of
the total amount appropriated: (1) $887,162,000 shall be for the Center
for Food Safety and Applied Nutrition and related field activities in
the Office of Regulatory Affairs; (2) $1,261,369,000 shall be for the
Center for Drug Evaluation and Research and related field activities in
the Office of Regulatory Affairs; (3) $329,708,000 shall be for the
Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $167,576,000 shall
be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $393,988,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $59,429,000
shall be for the National Center for Toxicological Research; (7)
$482,398,000 shall be for the Center for Tobacco Products and for
related field activities in the Office of Regulatory Affairs; (8) not to
exceed $168,971,000 shall be for Rent and Related activities, of which
$61,713,000 is for White Oak Consolidation, other than the amounts paid
to the General Services Administration for rent; (9) not to exceed
$213,352,000 shall be for payments to the General Services
Administration for rent; and (10) $259,342,000 shall be for other
activities, including the Office of the Commissioner of Food and Drugs,
the Office of Foods and Veterinary Medicine, the Office of Medical and
Tobacco Products, the Office of Global and Regulatory Policy, the Office
of Operations, the Office of the Chief Scientist, and central services
for these offices: Provided further, That the Secretary may, prior to
the due date for such fees, accept payment of prescription drug user
fees, medical device user fees, human generic drug user fees, biosimilar
biological product user fees, animal drug user fees and animal generic
drug user fees authorized for fiscal year 2014, and that amounts of such
fees assessed for fiscal year 2014 for which the Secretary accepts
payment in fiscal year 2013 shall not be included in amounts provided
under this heading: Provided further, That not to exceed $25,000 of
this amount shall be for official reception and representation expenses,
not otherwise provided for, as determined by the Commissioner: Provided
further, That any transfer of funds pursuant to section 770(n) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be
from amounts made available under this heading for other activities:
Provided further, That funds may be transferred from one specified
activity to another with the prior approval of the Committees on
Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, and priority
review user fees authorized by 21 U.S.C. 360n may be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used
[[Page 127 STAT. 225]]
by the Food and Drug Administration, where not otherwise provided,
$5,320,000, to remain available until expended.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $63,300,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of Agriculture
for the current fiscal year under this Act shall be available for the
purchase, in addition to those specifically provided for, of not to
exceed 204 passenger motor vehicles of which 170 shall be for
replacement only, and for the hire of such vehicles: Provided, That
notwithstanding this section, the only purchase of new passenger
vehicles shall be for those determined by the Secretary to be necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances of the Department of Agriculture that
are remaining available at the end of the fiscal year, to the Working
Capital Fund for the acquisition of plant and capital equipment
necessary for the delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the Department
of Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by this Act
or any other Act shall be transferred to the Working Capital Fund
without the prior approval of the
agency <<NOTE: Notification.>> administrator: Provided further, That
none of the funds transferred to the Working Capital Fund pursuant to
this section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses <<NOTE: Notification.>> of Congress:
Provided further, That none of the funds appropriated by this Act or
made available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes to the
Department's National Finance Center without written notification to and
prior approval of the Committees on Appropriations of both Houses of
Congress as required by section 726 of this Act: Provided further, That
of annual income amounts in the Working Capital Fund of the Department
of Agriculture allocated for the National Finance Center, the Secretary
may reserve not more than 4 percent for the replacement
[[Page 127 STAT. 226]]
or acquisition of capital equipment, including equipment for the
improvement and implementation of a financial management plan,
information technology, and other systems of the National Finance Center
or to pay any unforeseen, extraordinary cost of the National
Finance <<NOTE: Notification.>> Center: Provided further, That none of
the amounts reserved shall be available for obligation unless the
Secretary submits written notification of the obligation to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That the limitation on the obligation of
funds pending notification to Congressional Committees shall not apply
to any obligation that, as determined by the Secretary, is necessary to
respond to a declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate employees of
the National Finance Center to a safe haven to continue operations of
the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural Housing Insurance
Fund program account.
Sec. 706. Funds made available by this Act under title II of the
Food for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator of the U.S. Agency for International
Development, are in place to ensure that emergency food aid is received
by the intended beneficiaries in areas affected by food shortages and
not diverted for unauthorized or inappropriate purposes.
Sec. 707. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review <<NOTE: Notification.>> Board: Provided,
That notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be transferred
to the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds available to the Department of Agriculture for information
technology shall be obligated for projects over $25,000 prior to receipt
of written approval by the Chief Information Officer.
[[Page 127 STAT. 227]]
Sec. 708. Funds made available under section 1240I and section
1241(a) of the Food Security Act of 1985 and section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year
shall remain available until expended to disburse obligations made in
the current fiscal year.
Sec. 709. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or guaranteed
loan under the Rural Electrification Act of 1936, or any not-for-profit
utility that is eligible to receive an insured or direct loan under such
Act, shall be eligible for assistance under section 313(b)(2)(B) of such
Act in the same manner as a borrower under such Act.
Sec. 710. Notwithstanding any other provision of law, for the
purposes of a grant under section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998, none of the funds in this
or any other Act may be used to prohibit the provision of in-kind
support from non-Federal sources under section 412(e)(3) of such Act in
the form of unrecovered indirect costs not otherwise charged against the
grant, consistent with the indirect rate of cost approved for a
recipient.
Sec. 711. Except as otherwise specifically provided by law,
unobligated balances from appropriations made available for salaries and
expenses in this Act for the Farm Service Agency and the Rural
Development mission area, shall remain available through September 30,
2014, for information technology expenses.
Sec. 712. The Secretary of Agriculture may authorize a State agency
to use funds provided in this Act to exceed the maximum amount of liquid
infant formula specified in 7 CFR 246.10 when issuing liquid infant
formula to participants.
Sec. 713. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 714. In the case of each program established or amended by the
Food, Conservation, and Energy Act of 2008 (Public Law 110-246), other
than by title I or subtitle A of title III of such Act, that is
authorized or required to be carried out using funds of the Commodity
Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 715. <<NOTE: Waiver authority.>> Notwithstanding any other
provision of law, the requirements pursuant to 7 U.S.C. 1736f(e)(1) may
be waived for any amounts higher than those specified under this
authority for fiscal year 2009.
Sec. 716. None of the funds made available in fiscal year 2013 or
preceding fiscal years for programs authorized under the Food for Peace
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to
reimburse the Commodity Credit Corporation for
[[Page 127 STAT. 228]]
the release of eligible commodities under section 302(f)(2)(A) of the
Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided, That
any such funds made available to reimburse the Commodity Credit
Corporation shall only be used pursuant to section 302(b)(2)(B)(i) of
the Bill Emerson Humanitarian Trust Act.
Sec. 717. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 718. None of the funds in this Act shall be available to pay
indirect costs charged against any agricultural research, education, or
extension grant awards issued by the National Institute of Food and
Agriculture that exceed 30 percent of total Federal funds provided under
each award: Provided, That notwithstanding section 1462 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the National Institute of Food and Agriculture shall be
available to pay full allowable indirect costs for each grant awarded
under section 9 of the Small Business Act (15 U.S.C. 638).
Sec. 719. For an additional amount for ``Food and Drug
Administration, Salaries and Expenses'', $50,000,000, to remain
available until expended, of which $40,000,000 is for one-time
activities directly related to implementation of the Food Safety
Modernization Act, and of which $10,000,000 is for one-time activities
directly related to improving the safety of the human drug supply.
Sec. 720. There is hereby appropriated $1,996,000 to carry out
section 1621 of Public Law 110-246.
Sec. 721. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries and
expenses of personnel to carry out the following:
(1) The Watershed Rehabilitation program authorized by
section 14(h) of the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1012(h));
(2) The Environmental Quality Incentives Program as
authorized by sections 1240-1240H of the Food Security Act of
1985 (16 U.S.C. 3839aa-3839aa-8) in excess of $1,400,000,000;
(3) The Wildlife Habitat Incentives Act authorized by
section 1240N of the Food Security Act of 1985, as amended (16
U.S.C. 3839bb-1)) in excess of $73,000,000; and
(4) Agricultural Management Assistance Program as authorized
by section 524 of the Federal Crop Insurance Act, as amended (7
U.S.C. 1524) in excess of $2,500,000 for the Natural Resources
Conservation Service.
Sec. 722. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries and
expenses of personnel to carry out a program under subsection
(b)(2)(A)(v) of section 14222 of Public Law 110-246 in excess of
$981,000,000, as follows: Child Nutrition Programs Entitlement
Commodities--$465,000,000; State Option Contracts--$5,000,000; Removal
of Defective Commodities--$2,500,000: Provided, That none of the funds
made available in this Act or any other Act shall be used for salaries
and expenses to carry out in this fiscal year section 19(i)(1)(E) of the
Richard B. Russell National School
[[Page 127 STAT. 229]]
Lunch Act as amended by section 4304 of Public Law 110-246 in excess of
$41,000,000, including the transfer of funds under subsection (c) of
section 14222 of Public Law 110-246, until October 1, 2013: Provided
further, That $117,000,000 made available on October 1, 2013, to carry
out section 19(i)(1)(E) of the Richard B. Russell National School Lunch
Act as amended by section 4304 of Public Law 110-246 shall be excluded
from the limitation described in subsection (b)(2)(A)(vi) of section
14222 of Public Law 110-246: Provided further, That none of the funds
appropriated or otherwise made available by this or any other Act shall
be used to pay the salaries or expenses of any employee of the
Department of Agriculture or officer of the Commodity Credit Corporation
to carry out clause 3 of section 32 of the Agricultural Adjustment Act
of 1935 (Public Law 74-320, 7 U.S.C. 612c, as amended), or for any
surplus removal activities or price support activities under section 5
of the Commodity Credit Corporation Charter Act: Provided
further, <<NOTE: Rescission.>> That of the available unobligated
balances under (b)(2)(A)(v) of section 14222 of Public Law 110-246,
$150,000,000 are hereby rescinded.
Sec. 723. Subject to authorizing legislation by the House Committee
on Agriculture and the Senate Committee on Agriculture, Nutrition, and
Forestry, the Secretary may reserve, through April 1, 2013, up to 5
percent of the funding available for the following items for projects in
areas that are engaged in strategic regional development planning as
defined by the Secretary: business and industry guaranteed loans; rural
development loan fund; rural business enterprise grants; rural business
opportunity grants; rural economic development program; rural
microenterprise program; biorefinery assistance program; rural energy
for America program; value-added producer grants; broadband program;
water and waste program; and rural community facilities program.
Sec. 724. There is hereby appropriated $600,000 for the purposes of
section 727 of division A of Public Law 112-55.
Sec. 725. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the budget unless such budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2014 appropriations Act.
Sec. 726. <<NOTE: Notifications. Deadlines.>> (a) None of the funds
provided by this Act, or provided by previous Appropriations Acts to the
agencies funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any accounts in
the Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming, transfer of funds, or
reimbursements as authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority provided by
section 702(b) of the Department of Agriculture Organic
[[Page 127 STAT. 230]]
Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C.
2263), that--
(1) creates new programs;
(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 offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(as the case may be) notifies, in writing, the Committees on
Appropriations of both Houses of Congress at least 30 days in advance of
the reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of $500,000 or
10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading
Commission (as the case may be) notifies, in writing, the
Committees on Appropriations of both Houses of Congress at least
30 days in advance of the reprogramming or transfer of such
funds or the use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify in writing the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not carried out
during the previous fiscal year unless the program or activity is funded
by this Act or specifically funded by any other Act.
(d) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Secretary of Health
and Human Services or the Chairman of the Commodity Futures Trading
Commission receives from the Committee on Appropriations of both Houses
of Congress written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 727. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business
[[Page 127 STAT. 231]]
and industry loan in an amount that does not exceed 3 percent of the
guaranteed principal portion of the loan.
Sec. 728. None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and Drug
Administration shall be used to transmit or otherwise make available to
any non-Department of Agriculture or non-Department of Health and Human
Services employee questions or responses to questions that are a result
of information requested for the appropriations hearing process.
Sec. 729. <<NOTE: News stories.>> Unless otherwise authorized by
existing law, none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 730. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
30 days unless the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary and expenses
of the employee for the period of assignment.
Sec. 731. Notwithstanding any other provision of law, any area
eligible for rural housing programs of the Rural Housing Service on
September 30, 2012, shall remain eligible for such programs until
September 30, 2013.
Sec. 732. None of the funds made available by this Act may be 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 (or had an officer or agent of such
corporation acting on behalf of the corporation convicted) of a felony
criminal violation under any Federal or State law within the preceding
24 months, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation, or
such officer or agent, and made a determination that this further action
is not necessary to protect the interests of the Government.
Sec. 733. None of the funds made available by this Act may be 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 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, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of
the corporation and made a determination that this further action is not
necessary to protect the interests of the Government.
Sec. 734. None of the funds made available by this Act may be used
to pay the salaries and expenses of personnel who provide nonrecourse
marketing assistance loans for mohair under section 1201 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8731).
Sec. 735. In the event that a determination of non-regulated status
made pursuant to section 411 of the Plant Protection Act
[[Page 127 STAT. 232]]
is or has been invalidated or vacated, the Secretary of Agriculture
shall, notwithstanding any other provision of law, upon request by a
farmer, grower, farm operator, or producer, immediately grant temporary
permit(s) or temporary deregulation in part, subject to necessary and
appropriate conditions consistent with section 411(a) or 412(c) of the
Plant Protection Act, which interim conditions shall authorize the
movement, introduction, continued cultivation, commercialization and
other specifically enumerated activities and requirements, including
measures designed to mitigate or minimize potential adverse
environmental effects, if any, relevant to the Secretary's evaluation of
the petition for non-regulated status, while ensuring that growers or
other users are able to move, plant, cultivate, introduce into commerce
and carry out other authorized activities in a timely manner: Provided,
That all such conditions shall be applicable only for the interim period
necessary for the Secretary to complete any required analyses or
consultations related to the petition for non-regulated status:
Provided further, That nothing in this section shall be construed as
limiting the Secretary's authority under section 411, 412 and 414 of the
Plant Protection Act.
Sec. 736. None of the funds made available by this or any other Act
may be used to pay for mitigation associated with the removal of Federal
Energy Regulatory Commission Project number 2342.
Sec. 737. <<NOTE: Rescission.>> Of the unobligated balance of funds
available to the Department of Agriculture for the cost of broadband
loans under the heading ``Rural Development Programs--Rural Utilities
Service--Distance Learning, Telemedicine, and Broadband Program'' in
prior appropriation Acts, $25,320,000 is rescinded.
Sec. 738. <<NOTE: Rescission.>> Of the unobligated balances
provided pursuant to section 9004(d)(1) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8104), $28,045,000 are hereby
rescinded.
Sec. 739. Funds received by the Secretary of Agriculture in the
global settlement of any Federal litigation concerning Federal mortgage
loans during fiscal year 2012 may be expended, in addition to any other
available funds, by the Rural Housing Service to pay for costs
associated with servicing single family housing loans guaranteed by the
Rural Housing Service and such funds shall remain available until
expended.
Sec. 740. <<NOTE: Deadline. Spending plan.>> Not later than 30 days
after the date of enactment of this Act, the Secretary of Agriculture,
the Commissioner of the Food and Drug Administration, and the Chairman
of the Farm Credit Administration shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a detailed
spending plan by program, project, and activity for the funds made
available under this Act.
Sec. 741. There is hereby appropriated for the ``Emergency
Conservation Program'', $11,100,000, to remain available until expended;
for the ``Emergency Forestry Restoration Program'', $14,200,000, to
remain available until expended; and for the ``Emergency Watershed
Protection Program'', $65,454,000, to remain available until expended:
Provided, That not less than $48,257,000 made available for the
Emergency Watershed Protection Program under this general provision are
provided for necessary expenses for a major disaster declaration issued
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et. seq.).
[[Page 127 STAT. 233]]
Sec. 742. <<NOTE: Regulations. Deadlines.>> None of the funds made
available by this or any other Act may be used to write, prepare, or
publish a final rule or an interim final rule in furtherance of, or
otherwise to implement, ``Implementation of Regulations Required Under
Title XI, of the Food, Conservation and Energy Act of 2008; Conduct in
Violation of the Act'' (75 Fed. Reg. 35338 (June 22, 2010)) unless the
combined annual cost to the economy of such rules does not exceed
$100,000,000 or such rules have already been published in compliance
with Section 721 of the Consolidated and Further Continuing
Appropriations Act, 2012, Public Law 112-55: Provided, That no funds
made available by this or any other Act be used to publish a final or
interim final rule in furtherance of, or otherwise to implement,
proposed sections 201.2(l), 201.2(t), 201.2(u), 201.3(c), 201.210,
201.211, 201.213, or 201.214 of ``Implementation of Regulations Required
Under Title XI of the Food, Conservation and Energy Act of 2008; Conduct
in Violation of the Act'' (75 Fed. Reg. 35338 (June 22, 2010)):
Provided further, That none of the funds made available by this or any
other Act may be used to implement such rules until 60 days from the
publication date of such rules: Provided further, That none of the
funds made available by this Act may be used to enforce or to take
regulatory action based on or in furtherance of sections 201.2(o),
201.3(a), or 201.215(a), of Title 9 of the Code of Federal Regulations,
as they exist at the time this Act is passed, or to write, prepare, or
publish a final or interim final rule in furtherance of, or otherwise to
implement, the definitions or criteria embodied in these sections:
Provided further, That the Secretary of Agriculture shall, within 60
days, rescind sections 201.2(o), 201.3(a), or 201.215(a), of Title 9 of
the Code of Federal Regulations.
Sec. 743. Notwithstanding any other provision of this Act--
(1) the amount made available for buildings operations and
maintenance expenses in the matter before the first proviso
under the heading ``Agriculture Buildings and Facilities and
Rental Payments'' under the heading ``AGRICULTURAL PROGRAMS'' in
title I shall be $52,169,000;
(2) the amount made available for necessary expenses to
carry out services authorized by the Federal Meat Inspection
Act, the Poultry Products Inspection Act, and the Egg Products
Inspection Act in the matter before the first proviso under the
heading ``Food Safety and Inspection Service'' under the heading
``AGRICULTURAL PROGRAMS'' in title I shall be $1,056,427,000;
and
(3) the amount made available to provide competitive grants
to State agencies in the second proviso under the heading
``child nutrition programs'' under the heading ``Food and
Nutrition Service'' under the heading ``DOMESTIC FOOD PROGRAMS''
in title IV shall be $10,000,000.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2013''.
DIVISION B--COMMERCE <<NOTE: Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2013.>> , JUSTICE, SCIENCE, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, for Departments of Commerce and
Justice, and Science, and Related Agencies for the
[[Page 127 STAT. 234]]
fiscal year ending September 30, 2013, and for other purposes, namely:
TITLE I <<NOTE: Department of Commerce Appropriations Act, 2013.>>
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to sections 3702 and 3703 of title 44,
United States Code; full medical coverage for dependent members of
immediate families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of employees of
the International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States Code;
employment of citizens of the United States and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years, and
expenses of alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use abroad; payment
of tort claims, in the manner authorized in the first paragraph of
section 2672 of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official representation
expenses abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; obtaining insurance on
official motor vehicles; and rental of tie lines, $482,538,000, to
remain available until September 30, 2014, of which $11,360,000 is to be
derived from fees to be retained and used by the International Trade
Administration, notwithstanding section 3302 of title 31, United States
Code: Provided, That, of amounts provided under this heading, not less
than $16,400,000 shall be for China antidumping and countervailing duty
enforcement and compliance activities: Provided further, That the
provisions of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange Act of
1961 shall include payment for assessments for services provided as part
of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner authorized in the
first paragraph of section 2672 of title
[[Page 127 STAT. 235]]
28, United States Code, when such claims arise in foreign countries; not
to exceed $13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to any price
limitation otherwise established by law, $101,796,000, to remain
available until expended: Provided, <<NOTE: Applicability.>> That the
provisions of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions collected
and accepted for materials or services provided as part of such
activities may be retained for use in covering the cost of such
activities, and for providing information to the public with respect to
the export administration and national security activities of the
Department of Commerce and other export control programs of the United
States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, for the cost of loan guarantees authorized by section 26 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3721),
and for grants, and for the cost of loan guarantees authorized by
section 27 (15 U.S.C. 3722) of such Act, $187,300,000, to remain
available until expended; of which $5,000,000 shall be for projects to
facilitate the relocation, to the United States, of a source of
employment located outside the United States; of which $5,000,000 shall
be for loan guarantees under section 26; and of which up to $5,000,000
shall be for loan guarantees under section 27: Provided, That the costs
for loan guarantees, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds for loan guarantees under such
sections 26 and 27 combined are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$70,000,000.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $37,500,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise,
[[Page 127 STAT. 236]]
including expenses of grants, contracts, and other agreements with
public or private organizations, $28,689,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$100,228,000, to remain available until September 30, 2014.
Bureau of the Census
salaries and expenses
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics, provided for by law, $256,255,000:
Provided, That, from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities.
periodic censuses and programs
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics for periodic censuses and programs,
provided for by law, $667,953,000, to remain available until September
30, 2014: Provided, That $649,953,000 is appropriated from the general
fund and $18,000,000 is derived from available unobligated balances from
the Census Working Capital Fund: Provided further, That from amounts
provided herein, funds may be used for promotion, outreach, and
marketing activities: Provided further, That within the amounts
appropriated, $1,000,000 shall be transferred to the ``Office of
Inspector General'' account for activities associated with carrying out
investigations and audits related to the Bureau of the Census.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $45,994,000,
to remain available until September 30, 2014: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from other
Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
[[Page 127 STAT. 237]]
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $2,933,241,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2013, so as to result in a fiscal year 2013
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2013, should the total amount of such offsetting
collections be less than $2,933,241,000 this amount shall be reduced
accordingly: Provided further, That any amount received in excess of
$2,933,241,000 in fiscal year 2013 and deposited in the Patent and
Trademark Fee Reserve Fund shall remain available until expended:
<<NOTE: Spending plan.>> Provided further, That the Director of USPTO
shall submit a spending plan to the Committees on Appropriations of the
House of Representatives and the Senate for any amounts made available
by the preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal year 2013
for official reception and representation expenses: Provided further,
That in fiscal year 2013 from the amounts made available for ``Salaries
and Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code, and
the normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as
appropriate, and shall be available for the authorized purposes of those
accounts: Provided further, That any differences between the present
value factors published in OPM's yearly 300 series benefit letters and
the factors that OPM provides for USPTO's specific use shall be
recognized as an imputed cost on USPTO's financial statements,
[[Page 127 STAT. 238]]
where applicable: Provided further, That, notwithstanding any other
provision of law, all fees and surcharges assessed and collected by
USPTO are available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the Leahy-Smith
America Invents Act (Public Law 112-29): Provided further, That within
the amounts appropriated, $2,000,000 shall be transferred to the
``Office of Inspector General'' account for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology (NIST), $621,173,000, to remain available until expended, of
which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That not to exceed $5,000 shall be for
official reception and representation expenses: Provided further, That
NIST may provide local transportation for summer undergraduate research
fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$143,000,000, to remain available until expended, of which $128,500,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $14,500,000 shall be for the Advanced Manufacturing Technology
Consortia.
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation and maintenance of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by sections 13 through 15 of the
National Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $60,000,000, to remain available until expended: <<NOTE: Budget
estimate. 15 USC 1513b note.>> Provided, That the Secretary of
Commerce shall include in the budget justification materials that the
Secretary submits to Congress in support of the Department of Commerce
budget (as submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each National
Institute of Standards and Technology construction project having a
total multi-year program cost of more than $5,000,000 and simultaneously
the budget justification materials shall include an estimate of the
budgetary requirements for each such project for each of the five
subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants,
[[Page 127 STAT. 239]]
contracts, or other payments to nonprofit organizations for the purposes
of conducting activities pursuant to cooperative agreements; and
relocation of facilities, $3,112,614,000, to remain available until
September 30, 2014, except that funds provided for cooperative
enforcement shall remain available until September 30, 2015: Provided,
That fees and donations received by the National Ocean Service for the
management of national marine sanctuaries may be retained and used for
the salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code: Provided
further, That in addition, $119,064,000 shall be derived by transfer
from the fund entitled ``Promote and Develop Fishery Products and
Research Pertaining to American Fisheries'', which shall only be used
for fishery activities related to Cooperative Research, Annual Stock
Assessments, Survey and Monitoring Projects, Interjurisdictional
Fisheries Grants, and Fish Information Networks: Provided further, That
of the $3,246,678,000 provided for in direct obligations under this
heading $3,112,614,000 is appropriated from the general fund,
$119,064,000 is provided by transfer and $15,000,000 is derived from
recoveries of prior year obligations: Provided further, That the total
amount available for National Oceanic and Atmospheric Administration
corporate services administrative support costs shall not exceed
$212,664,000: Provided further, That any deviation from the amounts
designated for specific activities in the statement accompanying this
Act, or any use of deobligated balances of funds provided under this
heading in previous years, shall be subject to the procedures set forth
in section 505 of <<NOTE: Grants.>> this Act: Provided further, That in
allocating grants under sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, no coastal State shall receive more
than 5 percent or less than 1 percent of increased funds appropriated
over the previous fiscal year: Provided further, That in addition, for
necessary retired pay expenses under the Retired Serviceman's Family
Protection and Survivor Benefits Plan, and for payments for the medical
care of retired personnel and their dependents under the Dependents
Medical Care Act (10 U.S.C. 55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $1,926,036,000, to remain available until
September 30, 2015, except that funds provided for construction of
facilities shall remain available until expended: Provided, That of the
$1,941,036,000 provided for in direct obligations under this heading,
$1,926,036,000 is appropriated from the general fund and $15,000,000 is
provided from recoveries of prior year obligations: Provided further,
That any deviation from the amounts designated for specific activities
in the statement accompanying this Act, or any use of deobligated
balances of funds provided under this heading in previous years, shall
be subject to the procedures set forth in section <<NOTE: Budget
estimate.>> 505 of this Act: Provided further, That the Secretary of
Commerce shall include in budget justification materials that the
Secretary submits to Congress in support of the Department of Commerce
budget (as submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each National
Oceanic and Atmospheric
[[Page 127 STAT. 240]]
Administration procurement, acquisition or construction project having a
total of more than $5,000,000 and simultaneously the budget
justification shall include an estimate of the budgetary requirements
for each such project for each of the 5 subsequent fiscal years:
Provided further, That, within the amounts appropriated, $1,000,000
shall be transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to satellite procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September 30,
2014: <<NOTE: Guidelines.>> Provided, That, of the funds provided
herein, the Secretary of Commerce may issue grants to the States of
Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the
Federally recognized tribes of the Columbia River and Pacific Coast
(including Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or endangered,
or that are identified by a State as at-risk to be so listed, for
maintaining populations necessary for exercise of tribal treaty fishing
rights or native subsistence fishing, or for conservation of Pacific
coastal salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further, That all
funds shall be allocated based on scientific and other merit principles
and shall not be available for marketing activities: Provided further,
That funds disbursed to States shall be subject to a matching
requirement of funds or documented in-kind contributions of at least 33
percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $350,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2013, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$59,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936: Provided, That none of the funds made available
under this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, <<NOTE: Task force. Reports. 15
USC 1543.>> $56,000,000: Provided, That the Secretary of Commerce shall
maintain a task force on job repatriation and manufacturing growth and
shall produce an
[[Page 127 STAT. 241]]
annual report on related incentive strategies, implementation plans and
program results.
renovation and modernization
For expenses necessary for the renovation and modernization of
Department of Commerce facilities, $2,040,000, to remain available until
expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $28,753,000.
General Provisions--Department of Commerce
Sec. 101. <<NOTE: Certification.>> During the current fiscal year,
applicable appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities specified in
the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the
manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may
be used for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in
that <<NOTE: Notification. Deadline.>> section: Provided further, That
the Secretary of Commerce shall notify the Committees on Appropriations
at least 15 days in advance of the acquisition or disposal of any
capital asset (including land, structures, and equipment) not
specifically provided for in this Act or any other law appropriating
funds for the Department of Commerce.
Sec. 104. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken for the care and
protection of loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
[[Page 127 STAT. 242]]
Sec. 105. (a) Section 105(f) of the Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2012 (Public Law 112-55) <<NOTE: 33
USC 878a.>> is amended--
(1) by striking ``paragraph (2)'' and inserting ``subsection
(e)(2)''; and
(2) by striking ``this subsection'' and inserting
``subsection (e)''.
(b) <<NOTE: Incorporation by reference. 33 USC 878a note.>> The
requirements set forth by section 105 of the Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2012 (Public Law 112-55), as
amended by subsection (a) of this section, are hereby adopted by
reference.
Sec. 106. Notwithstanding any other provision of law, the Secretary
may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms, or
organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to the
Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which initially
bears the costs of such services.
Sec. 107. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 108. The Administrator of the National Oceanic and Atmospheric
Administration is authorized to use, with their consent, with
reimbursement and subject to the limits of available appropriations, the
land, services, equipment, personnel, and facilities of any department,
agency, or instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or possession, or of
any political subdivision thereof, or of any foreign government or
international organization, for purposes related to carrying out the
responsibilities of any statute administered by the National Oceanic and
Atmospheric Administration.
Sec. 109. <<NOTE: Deadline. Reports.>> The Department of Commerce
shall provide a monthly report to the Committees on Appropriations of
the House of Representatives and the Senate on any official travel to
China by any employee of the U.S. Department of Commerce, including the
purpose of such travel.
Sec. 110. Section 113(b)(3) of division B of Public Law 112-
55 <<NOTE: 125 Stat. 603.>> is amended by striking ``2012'' and
inserting ``2013''.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2013''.
[[Page 127 STAT. 243]]
TITLE II <<NOTE: Department of Justice Appropriations Act, 2013.>>
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $110,822,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
For necessary expenses for information sharing technology, including
planning, development, deployment and departmental direction,
$33,426,000, to remain available until expended.
administrative review and appeals
(including transfer of funds)
For expenses necessary for the administration of pardon and clemency
petitions and immigration-related activities, $313,438,000, of which
$4,000,000 shall be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account.
office of inspector general
For necessary expenses of the Office of Inspector General,
$85,985,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $12,772,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including 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; and rent of private or Government-owned space in the District
of Columbia, $881,000,000, of which not to exceed $10,000,000 for
litigation support contracts shall remain available until expended:
Provided, That of the total amount appropriated, not to exceed $9,000
shall be available to INTERPOL Washington for official reception
and <<NOTE: Determination.>> representation expenses: Provided further,
That notwithstanding section 205 of this Act, upon a determination by
the Attorney General that emergent circumstances require additional
funding for litigation activities of
[[Page 127 STAT. 244]]
the Civil Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from available
appropriations for the current fiscal year for the Department of
Justice, as may be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso shall be
treated as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That of the
amount appropriated, such sums as may be necessary shall be available to
reimburse the Office of Personnel Management for salaries and expenses
associated with the election monitoring program under section 8 of the
Voting Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That of
the amounts provided under this heading for the election monitoring
program, $3,390,000 shall remain available until expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $162,170,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and
estimated to be $115,000,000 in fiscal year 2013), shall be retained and
used for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2013, so as to result in a
final fiscal year 2013 appropriation from the general fund estimated at
$47,170,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,969,687,000: Provided, That of the total amount appropriated, not to
exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until <<NOTE: Human
trafficking.>> expended: Provided further, That each United States
Attorney shall establish or participate in a United States Attorney-led
task force on human trafficking: Provided <<NOTE: Certification.>>
further, That of the total amount appropriated, $10,000,000 shall only
be available after the Attorney General certifies that each United
States Attorney is participating in a United States Attorney-led task
force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $223,258,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That not
less than $1,500,000 shall be for debtor audits:
[[Page 127 STAT. 245]]
Provided further, That, notwithstanding any other provision of law,
deposits to the Fund shall be available in such amounts as may be
necessary to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $223,258,000 of offsetting
collections pursuant to section 589a(b) of title 28, United States Code,
shall be retained and used for necessary expenses in this appropriation
and shall remain available until expended: Provided further, That the
sum herein appropriated from the Fund shall be reduced as such
offsetting collections are received during fiscal year 2013, so as to
result in a final fiscal year 2013 appropriation from the Fund estimated
at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,000,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private counsel
expenses, including advances, and for expenses of foreign counsel,
$270,000,000, to remain available until expended, of which not to exceed
$10,000,000 is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and maintenance
of armored and other vehicles for witness security caravans; and not to
exceed $11,000,000 is for the purchase, installation, maintenance, and
upgrade of secure telecommunications equipment and a secure automated
information network to store and retrieve the identities and locations
of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$12,036,000: <<NOTE: Determination.>> Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for conflict
resolution and violence prevention activities of the Community Relations
Service, the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current fiscal
year for the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,948,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
[[Page 127 STAT. 246]]
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,196,000,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$15,000,000 shall remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related support,
$10,000,000, to remain available until expended.
federal prisoner detention
(including transfer of funds)
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $1,647,383,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18, United
States Code: Provided further, That the United States Marshals Service
shall be responsible for managing the Justice Prisoner and Alien
Transportation System: Provided further, That any unobligated balances
available from funds appropriated under the heading ``General
Administration, Detention Trustee'' shall be transferred to and merged
with the appropriation under this heading.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National
Security Division, $90,039,000, of which not to exceed $5,000,000 for
information technology systems shall remain available
until <<NOTE: Determination.>> expended: Provided, That notwithstanding
section 205 of this Act, 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: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
[[Page 127 STAT. 247]]
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug trafficking,
$521,793,000, of which $50,000,000 shall remain available until
expended: Provided, That any amounts obligated from appropriations
under this heading may be used under authorities available to the
organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $8,185,007,000, of which not to exceed $216,900,000 shall remain
available until expended: Provided, That not to exceed $184,500 shall
be available for official reception and representation expenses:
<<NOTE: Review.>> Provided further, That $500,000 shall be for a
comprehensive review of the implementation of the recommendations
related to the Federal Bureau of Investigation that were proposed in the
report issued by the National Commission on Terrorist Attacks Upon the
United States.
construction
For necessary expenses, to include the cost of equipment, furniture,
and information technology requirements, related to construction or
acquisition of buildings, facilities and sites by purchase, or as
otherwise authorized by law; conversion, modification and extension of
Federally-owned buildings; preliminary planning and design of projects;
and operation and maintenance of secure work environment facilities and
secure networking capabilities; $80,982,000, to remain available until
expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting 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, $2,050,904,000; of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement agencies
with or without reimbursement, including training in
[[Page 127 STAT. 248]]
connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,153,345,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $15,000,000 shall remain available until expended:
Provided, <<NOTE: 18 USC 921 note.>> That, in the current fiscal year
and any fiscal year thereafter, no funds appropriated under this or any
other Act shall be used to pay administrative expenses or the
compensation of any officer or employee of the United States to
implement an amendment or amendments to section 478.118 of title 27,
Code of Federal Regulations, or to change the definition of ``Curios or
relics'' in section 478.11 of title 27, Code of Federal Regulations, or
remove any item from ATF Publication 5300.11 as it existed on January 1,
1994: Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications for relief
from Federal firearms disabilities under section 925(c) of title 18,
United States Code: Provided further, That such funds shall be
available to investigate and act upon applications filed by corporations
for relief from Federal firearms disabilities under section 925(c) of
title 18, United States Code: Provided further, That no funds made
available by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol, Tobacco,
Firearms and Explosives to other agencies or <<NOTE: 18 USC 923
note.>> Departments: Provided further, That, in the current fiscal year
and any fiscal year thereafter, no funds made available by this or any
other Act shall be expended to promulgate or implement any rule
requiring a physical inventory of any business licensed under section
923 of title 18, United States <<NOTE: 18 USC 923 note.>> Code:
Provided further, That, in the current fiscal year and any fiscal year
thereafter, no funds authorized or made available under this or any
other Act may be used to deny any application for a license under
section 923 of title 18, United States Code, or renewal of such a
license due to a lack of business activity, provided that the applicant
is otherwise eligible to receive such a license, and is eligible to
report business income or to claim an income tax deduction for business
expenses under the Internal Revenue Code of 1986.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed 835, of
which 808 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$6,820,217,000: <<NOTE: 42 USC 250a.>> Provided, That the Attorney
General may transfer to the Health Resources and Services Administration
such amounts as may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal penal and
[[Page 127 STAT. 249]]
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
for necessary operations until September 30, 2014: Provided further,
That, of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security
in the United States of Cuban and Haitian entrants: Provided further,
That the Director of the Federal Prison System may accept donated
property and services relating to the operation of the prison card
program from a not-for-profit entity which has operated such program in
the past notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System relating
to the operation of pre-release services, halfway houses, or other
custodial facilities: Provided further, That of the amount provided
under this heading, not less than $99,496,000 shall be for activation of
newly constructed prisons in Berlin, New Hampshire, Aliceville, Alabama,
Yazoo City, Mississippi, and Hazelton, West Virginia, as requested in
the Department's fiscal year 2013 budget.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$90,000,000, to remain available until expended, of which not less than
$66,965,000 shall be available only for modernization, maintenance and
repair, and of which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The <<NOTE: Contracts.>> Federal Prison Industries, Incorporated, is
hereby authorized 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 provided by section 9104 of title 31, United States Code,
as may be necessary in carrying out the program set forth in the budget
for the current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of passenger motor
vehicles.
[[Page 127 STAT. 250]]
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, 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.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims
services, $416,500,000, to remain available until expended: Provided,
That except as otherwise provided by law, not to exceed 5 percent of
funds made available under this heading may be used for expenses related
to evaluation, training, and technical assistance: Provided
further, <<NOTE: Grants.>> That of the amount provided--
(1) $189,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $25,000,000 is for transitional housing assistance
grants for victims of domestic violence, stalking or sexual
assault as authorized by section 40299 of the 1994 Act;
(3) $3,500,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which may be transferred to ``Research,
Evaluation and Statistics'' for administration by the Office of
Justice Programs;
(4) $10,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs
[[Page 127 STAT. 251]]
to engage men and youth in preventing such violence; and
assistance to middle and high school students through education
and other services related to such violence: Provided, That
unobligated balances available for the programs authorized by
sections 41201, 41204, 41303 and 41305 of the 1994 Act shall be
available for this program: Provided further, That 10 percent
of the total amount available for this grant program shall be
available for grants under the program authorized by section
2015 of the 1968 Act: Provided further, That the definitions
and grant conditions in section 40002 of the 1994 Act shall
apply to this program;
(5) $50,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000 is
for a homicide reduction initiative;
(6) $25,000,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $36,500,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $9,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $41,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $4,250,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized
by section 40802 of the 1994 Act;
(11) $15,500,000 is for a grant program to support families
in the justice system, including for the purposes described in
the safe havens for children program, as authorized by section
1301 of the 2000 Act, and the court training and improvements
program, as authorized by section 41002 of the 1994 Act;
(12) $5,750,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of
the 2005 Act, which may be transferred to ``Research, Evaluation
and Statistics'' for administration by the Office of Justice
Programs; and
(15) $500,000 is for the Office on Violence Against Women to
establish a national clearinghouse that provides training and
technical assistance on issues relating to sexual assault of
American Indian and Alaska Native women.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing
[[Page 127 STAT. 252]]
Children's Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial
Remedies and Other Tools to end the Exploitation of Children Today Act
of 2003 (Public Law 108-21); the Justice for All Act of 2004 (Public Law
108-405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety Act
of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT Our
Children Act of 2008 (Public Law 110-401); subtitle D of title II of the
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 Act'');
the NICS Improvement Amendments Act of 2007 (Public Law 110-180); and
other programs, $127,000,000, to remain available until expended, of
which--
(1) $48,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act, of which $36,000,000 is for the administration and
redesign of the National Crime Victimization Survey;
(2) $43,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
I of the 1968 Act and subtitle D of title II of the 2002 Act:
Provided, That of the amounts provided under this paragraph,
$5,000,000 is transferred directly to the National Institute of
Standards and Technology's Office of Law Enforcement Standards
from the National Institute of Justice for research, testing and
evaluation programs;
(3) $1,000,000 is for an evaluation clearinghouse program;
and
(4) $35,000,000 is for regional information sharing
activities, as authorized by part M of title I of the 1968 Act.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106-386); the NICS Improvement Amendments Act of 2007
(Public Law 110-180); subtitle D of title II of the Homeland Security
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law 110-403);
the Victims of Crime Act of 1984 (Public Law 98-473); the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and Improvement
Act of 2008 (Public Law 110-416); and other programs, $1,140,418,000, to
remain available until expended as follows--
[[Page 127 STAT. 253]]
(1) $392,418,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g), of title I
of the 1968 Act shall not apply for purposes of this Act), of
which, notwithstanding such subpart 1, $2,000,000 is for a
program to improve State and local law enforcement intelligence
capabilities including antiterrorism training and training to
ensure that constitutional rights, civil liberties, civil
rights, and privacy interests are protected throughout the
intelligence process, $4,000,000 is for a State, local, and
tribal assistance help desk and diagnostic center program,
$5,000,000 is for a Preventing Violence Against Law Enforcement
Officer Resilience and Survivability Initiative (VALOR),
$6,000,000 is for a criminal justice reform and recidivism
reduction program, and $4,000,000 is for use by the National
Institute of Justice for research targeted toward developing a
better understanding of the domestic radicalization phenomenon,
and advancing evidence-based strategies for effective
intervention and prevention;
(2) $255,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other detainees
housed in State and local detention facilities;
(3) $5,000,000 for a border prosecutor initiative to
reimburse State, county, parish, tribal, or municipal
governments for costs associated with the prosecution of
criminal cases declined by local offices of the United States
Attorneys;
(4) $19,000,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or combat
juvenile delinquency, and to assist victims of crime (other than
compensation);
(5) $13,500,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, and for programs authorized under Public Law 109-164;
(6) $41,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(7) $9,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act, and the Mentally Ill Offender
Treatment and Crime Reduction Reauthorization and Improvement
Act of 2008 (Public Law 110-416);
(8) $12,500,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of title
I of the 1968 Act;
(9) $3,000,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405, and
for grants for wrongful conviction review;
(10) $9,000,000 for economic, high technology and Internet
crime prevention grants, including as authorized by section 401
of Public Law 110-403;
(11) $4,000,000 for a student loan repayment assistance
program pursuant to section 952 of Public Law 110-315;
[[Page 127 STAT. 254]]
(12) $20,000,000 for implementation of the Adam Walsh Act
and related activities;
(13) $13,000,000 for an initiative relating to children
exposed to violence;
(14) $18,000,000 for an Edward Byrne Memorial criminal
justice innovation program;
(15) $21,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of title
I of the 1968 Act: Provided, That $1,500,000 is transferred
directly to the National Institute of Standards and Technology's
Office of Law Enforcement Standards for research, testing and
evaluation programs;
(16) $1,000,000 for the National Sex Offender Public
Website;
(17) $5,000,000 for competitive and evidence-based programs
to reduce gun crime and gang violence;
(18) $12,000,000 for grants to assist State and tribal
governments and related activities, as authorized by the NICS
Improvement Amendments Act of 2007 (Public Law 110-180);
(19) $6,000,000 for the National Criminal History
Improvement Program for grants to upgrade criminal records;
(20) $12,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(21) $125,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and
Federal forensic activities, including the purposes
authorized under section 2 of the DNA Analysis Backlog
Elimination Act of 2000 (the Debbie Smith DNA Backlog
Grant Program): Provided, That up to 4 percent of funds
made available under this paragraph may be used for the
purposes described in the DNA Training and Education for
Law Enforcement, Correctional Personnel, and Court
Officers program (Public Law 108-405, section 303);
(B) $4,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Program
(Public Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam
Program Grants, including as authorized by section 304
of Public Law 108-405;
(22) $6,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(23) $38,000,000 for assistance to Indian tribes;
(24) $68,750,000 for offender reentry programs and research,
as authorized by the Second Chance Act of 2007 (Public Law 110-
199), of which not to exceed $5,000,000 is for a program to
improve State, local, and tribal probation supervision efforts
and strategies;
(25) $4,000,000 for a veterans treatment courts program;
(26) $1,000,000 for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001 of the
1994 Act);
(27) $7,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products;
[[Page 127 STAT. 255]]
(28) $12,500,000 for prison rape prevention and prosecution
grants to States and units of local government, and other
programs, as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79);
(29) $3,500,000 for emergency law enforcement assistance, as
authorized by section 609M of the Justice Assistance Act of 1984
(42 U.S.C. 10513; Public Law 98-473); and
(30) $2,750,000 to establish and operate a National Center
for Campus Public Safety:
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.);
the Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public
Law 110-401); and other juvenile justice programs, $279,500,000, to
remain available until expended as follows--
(1) $44,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State, local
and tribal juvenile justice residential facilities;
(2) $90,000,000 for youth mentoring grants;
(3) $20,000,000 for delinquency prevention, as authorized by
section 505 of the 1974 Act, of which, pursuant to sections 261
and 262 thereof--
(A) $10,000,000 shall be for the Tribal Youth
Program;
(B) $5,000,000 shall be for gang and youth violence
education, prevention and intervention, and related
activities; and
(C) $5,000,000 shall be for programs and activities
to enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of
alcoholic beverages by minors, for prevention and
reduction of consumption of alcoholic beverages by
minors, and for technical assistance and training;
(4) $19,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $25,000,000 for the Juvenile Accountability Block Grants
program as authorized by part R of title I of the 1968 Act and
Guam shall be considered a State;
[[Page 127 STAT. 256]]
(6) $11,000,000 for community-based violence prevention
initiatives;
(7) $67,000,000 for missing and exploited children programs,
including as authorized by sections 404(b) and 405(a) of the
1974 Act (except that section 102(b)(4)(B) of the PROTECT Our
Children Act of 2008 (Public Law 110-401) shall not apply for
purposes of this Act);
(8) $1,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act; and
(9) $2,000,000 for grants and technical assistance in
support of the National Forum on Youth Violence Prevention:
Provided, That not more than 10 percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the
programs or activities authorized: Provided further, That not more than
2 percent of the amounts designated under paragraphs (1) through (6),
(8) and (9) may be used for training and technical assistance: Provided
further, That the previous two provisos shall not apply to grants and
projects authorized by sections 261 and 262 of the 1974 Act.
public safety officer benefits
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $16,300,000 for payments authorized
by section 1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available
until <<NOTE: Determination.>> expended: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for such
disability and education payments, the Attorney General may transfer
such amounts to ``Public Safety Officer Benefits'' from available
appropriations for the Department of Justice as may be necessary to
respond to such circumstances: Provided further, That any transfer
pursuant to the previous proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Community Oriented Policing Services
community oriented policing services programs
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); and the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''), $222,500,000, to remain
available until expended: Provided, That any balances made available
through prior year deobligations shall only be available in accordance
with section 505 of this Act: Provided further, That of the amount
provided--
(1) $12,500,000 is for anti-methamphetamine-related
activities, which shall be transferred to the Drug Enforcement
Administration upon enactment of this Act;
[[Page 127 STAT. 257]]
(2) $20,000,000 is for improving tribal law enforcement,
including hiring, equipment, training, and anti-methamphetamine
activities; and
(3) $190,000,000 is for grants under section 1701 of title I
of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring
of additional career law enforcement officers under part Q of
such title notwithstanding subsection (i) of such section:
Provided, That, <<NOTE: Waiver authority.>> notwithstanding
section 1704(c) of such title (42 U.S.C. 3796dd-3(c)), 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:
Provided further, That within the amounts appropriated,
$15,000,000 shall be transferred to the Tribal Resources Grant
Program: Provided further, That of the amounts appropriated
under this paragraph, $10,000,000 is for community policing
development activities in furtherance of the purposes in section
1701.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $50,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 202. <<NOTE: Abortion.>> None of the funds appropriated by
this title shall be available to 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: Provided, That should this prohibition be
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
Sec. 203. <<NOTE: Abortion.>> None of the funds appropriated under
this title shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. <<NOTE: Abortion.>> Nothing in the preceding section
shall remove the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing in this
section in any way diminishes the effect of section 203 intended to
address the philosophical beliefs of individual employees of the Bureau
of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. <<NOTE: Project extension. 5 USC 3104 note.>> The
Attorney General is authorized to extend through September 30, 2014, the
Personnel Management Demonstration Project transferred to the Attorney
General pursuant to section 1115 of the Homeland Security Act of 2002
(Public Law 107-296; 28 U.S.C. 599B) without limitation on the number of
employees or the positions covered.
[[Page 127 STAT. 258]]
Sec. 207. <<NOTE: Investigations. Applicability. 28 USC 533
note.>> Notwithstanding any other provision of law, during the current
fiscal year and any fiscal year thereafter, section 102(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1993 (Public Law 102-395) shall extend to
the Bureau of Alcohol, Tobacco, Firearms and Explosives in the conduct
of undercover investigative operations and shall apply with respect to
any undercover investigative operation by the Bureau of Alcohol,
Tobacco, Firearms and Explosives that is necessary for the detection and
prosecution of crimes against the United States.
Sec. 208. None <<NOTE: Prisons and prisoners.>> of the funds made
available to the Department of Justice in this Act may be used for the
purpose of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is classified as a
maximum or high security prisoner, other than to a prison or other
facility certified by the Federal Bureau of Prisons as appropriately
secure for housing such a prisoner.
Sec. 209. (a) None <<NOTE: Prisons and prisoners.>> of the funds
appropriated by this Act may be used by Federal prisons to purchase
cable television services, or to rent or purchase audiovisual or
electronic media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 210. <<NOTE: Certification.>> None of the funds made available
under this title shall be obligated or expended for any new or enhanced
information technology program having total estimated development costs
in excess of $100,000,000, unless the Deputy Attorney General and the
investment review board certify to the Committees on Appropriations of
the House of Representatives and the Senate that the information
technology program has appropriate program management controls and
contractor oversight mechanisms in place, and that the program is
compatible with the enterprise architecture of the Department of
Justice.
Sec. 211. <<NOTE: Applicability.>> The notification thresholds and
procedures set forth in section 505 of this Act shall apply to
deviations from the amounts designated for specific activities in this
Act and accompanying statement, and to any use of deobligated balances
of funds provided under this title in previous years.
Sec. 212. None of the funds appropriated by this Act may be used to
plan for, begin, continue, finish, process, or approve a public-private
competition under the Office of Management and Budget Circular A-76 or
any successor administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 213. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States Attorney
from the residency requirements of section 545 of title 28, United
States Code.
Sec. 214. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by this
title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
[[Page 127 STAT. 259]]
(1) up to 3 percent of funds made available to the Office of
Justice Programs for grant or reimbursement programs may be used
by such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute of
Justice and the Bureau of Justice Statistics, shall be
transferred to and merged with funds provided to the National
Institute of Justice and the Bureau of Justice Statistics, to be
used by them for research, evaluation or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs, and of such amounts, $1,300,000 shall be
transferred to the Bureau of Prisons for Federal inmate research
and evaluation purposes.
Sec. 215. <<NOTE: Waiver authority.>> Upon request by a grantee for
whom the Attorney General has determined there is a fiscal hardship, the
Attorney General may, with respect to funds appropriated by this or any
other Act making appropriations for fiscal years 2010 through 2013 for
the following programs, waive the following requirements:
(1) For the Adult and Juvenile Offender State and Local
Reentry Demonstration Projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797w(g)(1)), the requirements under section 2976(g)(1) of such
part.
(2) For State, Tribal, and Local Reentry Courts under part
FF of title I of such Act of 1968 (42 U.S.C. 3797w-2(e)(1) and
(2)), the requirements under section 2978(e)(1) and (2) of such
part.
(3) For the Prosecution Drug Treatment Alternatives to
Prison Program under part CC of title I of such Act of 1968 (42
U.S.C. 3797q-3), the requirements under section 2904 of such
part.
(4) For Grants to Protect Inmates and Safeguard Communities
under the Prison Rape Elimination Act of 2003 (42 U.S.C.
15605(c)(3)), the requirements of section 6(c)(3) of such Act.
Sec. 216. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13709(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 217. <<NOTE: Firearms.>> None of the funds made available
under this Act, other than for the national instant criminal background
check system established under section 103 of the Brady Handgun Violence
Prevention Act (18 U.S.C. 922 note), may be used by a Federal law
enforcement officer to facilitate the transfer of an operable firearm to
an individual if the Federal law enforcement officer knows or suspects
that the individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 218. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2013.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat.
[[Page 127 STAT. 260]]
784; 28 U.S.C. 527 note) shall be available for obligation in fiscal
year 2013, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2013, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
(d) Of amounts available in the Assets Forfeiture Fund in fiscal
year 2013, $154,700,000 shall be for payments associated with joint law
enforcement operations as authorized by section 524(c)(1)(I) of title
28, United States Code.
(e) <<NOTE: Spending plan. Deadline.>> The Attorney General shall
submit a spending plan to the Committees on Appropriations of the House
of Representatives and the Senate not later than 45 days after the date
of enactment of this Act detailing the planned distribution of Assets
Forfeiture Fund joint law enforcement operations funding during fiscal
year 2013.
(f) <<NOTE: Termination date.>> Subsections (a) through (d) of this
section shall sunset on September 30, 2013.
This title may be cited as the ``Department of Justice
Appropriations Act, 2013''.
[[Page 127 STAT. 261]]
TITLE III <<NOTE: Science Appropriations Act, 2013.>>
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses, and rental of
conference rooms in the District of Columbia, $5,850,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $5,144,000,000, to remain available until
September 30, 2014, of which up to $14,500,000 shall be available for a
reimbursable agreement with the Department of Energy for the purpose of
re-establishing facilities to produce fuel required for radioisotope
thermoelectric generators to enable future missions: Provided, That
$75,000,000 shall be for pre-formulation and/or formulation activities
for a mission that meets the science goals outlined for the Jupiter
Europa mission in the most recent planetary science decadal survey:
Provided further, That the formulation and development costs (with
development cost as defined under section 30104 of title 51, United
States Code) for the James Webb Space Telescope shall not exceed
$8,000,000,000: <<NOTE: Determination. Notification.>> Provided
further, That should the individual identified under subsection
(c)(2)(E) of section 30104 of title 51, United States Code, as
responsible for the James Webb Space Telescope determine that the
development cost of the program is likely to exceed that limitation, the
individual shall immediately notify the Administrator and the increase
shall be treated as if it meets the 30 percent threshold described in
subsection (f) of section 30104.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire
[[Page 127 STAT. 262]]
of passenger motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft, $570,000,000, to
remain available until September 30, 2014.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space research and technology development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $642,000,000, to remain available until
September 30, 2014.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,887,000,000, to remain available until
September 30, 2014: Provided, That not less than $1,197,000,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $1,857,000,000 shall be for the Space Launch System, which
shall have a lift capability not less than 130 tons and which shall have
an upper stage and other core elements developed simultaneously:
Provided further, That of the funds made available for the Space Launch
System, $1,454,200,000 shall be for launch vehicle development and
$402,800,000 shall be for exploration ground systems: Provided further,
That funds made available for the Orion Multi-Purpose Crew Vehicle and
Space Launch System are in addition to funds provided for these programs
under the ``Construction and Environmental Compliance and Restoration''
heading: Provided further, That $525,000,000 shall be for commercial
spaceflight activities: Provided further, That $308,000,000 shall be
for exploration research and development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services; space
flight, spacecraft control and communications activities, including
operations, production, and services; maintenance and repair, facility
planning and design; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor
[[Page 127 STAT. 263]]
vehicles; and purchase, lease, charter, maintenance and operation of
mission and administrative aircraft, $3,953,000,000, to remain available
until September 30, 2014.
education
For necessary expenses, not otherwise provided for, in carrying out
aerospace and aeronautical education research and development
activities, including research, development, operations, support, and
services; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft, $125,000,000, to
remain available until September 30, 2014, of which $18,000,000 shall be
for the Experimental Program to Stimulate Competitive Research and
$40,000,000 shall be for the National Space Grant College program.
cross agency support
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, exploration, space operations and
education research and development activities, including research,
development, operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed $63,000 for
official reception and representation expenses; and purchase, lease,
charter, maintenance, and operation of mission and administrative
aircraft, $2,823,000,000, to remain available until September 30, 2014:
Provided, That not less than $39,100,000 shall be available for
independent verification and validation activities.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $680,000,000, to remain available until
September 30, <<NOTE: Contracts. 51 USC 20145 note.>> 2018: Provided,
That hereafter, notwithstanding section 315 of the National Aeronautics
and Space Act of 1958 (51 U.S.C. 20145), all proceeds from leases
entered into under that section shall be deposited into <<NOTE: Time
period.>> this account: Provided further, That such proceeds shall be
available for a period of 5 years to the extent and in amounts as
provided in annual appropriations Acts: Provided further, That such
proceeds referred to in the two preceding provisos shall be available
for obligation for fiscal year 2013 in an amount not
to <<NOTE: Deadline. Budget estimate. 51 USC 30103 note.>> exceed
$3,791,000: Provided further, That each annual budget request shall
include an annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 315 of the
National Aeronautics and Space Act of 1958 (51 U.S.C. 20145).
[[Page 127 STAT. 264]]
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $38,000,000, of which
$500,000 shall remain available until September 30, 2014.
administrative provisions
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed or
the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The <<NOTE: Spending plan.>> spending plan required by this Act
shall be provided by NASA at the theme, program, project and activity
level. The spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
Section 30102(c) of title 51, United States Code, is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end
inserting ``; and''; and
(3) by adding at the end the following:
``(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.''.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $5,983,280,000, to remain available
until September 30, 2014, of which not to exceed $500,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science support and logistical and other related activities for the
United States Antarctic program: Provided, That receipts for scientific
support services and materials furnished by the National Research
Centers and other National Science Foundation supported research
facilities may be credited to this appropriation: Provided further,
That not less than
[[Page 127 STAT. 265]]
$158,190,000 shall be available for activities authorized by section
7002(c)(2)(A)(iv) of Public Law 110-69.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $196,170,000, to remain available until expended: Provided,
That none of the funds may be used to reimburse the Judgment Fund
established under section 1304 of title 31, United States Code.
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms in
the District of Columbia, $895,610,000, to remain available until
September 30, 2014: Provided, That not less than $54,890,000 shall be
available until expended for activities authorized by section 7030 of
Public Law 110-69.
agency operations and award management
For agency operations and award management necessary in carrying out
the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.);
services authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles; uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
rental of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for security guard
services; $299,400,000: Provided, That not to exceed $8,280 is for
official reception and representation expenses: Provided further, That
contracts may be entered into under this heading in fiscal year 2013 for
maintenance and operation of facilities and for other services to be
provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference rooms
in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of 1950
(42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,440,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
[[Page 127 STAT. 266]]
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $14,200,000, of which
$400,000 shall remain available until September 30, 2014.
administrative provision
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 15 percent by any such transfers. Any
transfer pursuant to this section shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
This title may be cited as the ``Science Appropriations Act, 2013''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
(including transfer of funds)
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,400,000: Provided, That none of
the funds appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the Excepted
Service exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this paragraph
shall be used to reimburse Commissioners for more than 75 billable days,
with the exception of the chairperson, who is permitted 125 billable
days: Provided further, That none of the funds appropriated in this
paragraph shall be used for any activity or expense that is not
explicitly authorized by section 3 of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975a): Provided further, That there <<NOTE: 5 USC app.
8G.>> shall be an Inspector General at the Commission on Civil Rights
who shall have the duties, responsibilities, and authorities specified
in the Inspector General Act of 1978: Provided further, That an
individual appointed to the position of Inspector General of the
Government Accountability Office (GAO) shall, by virtue of such
appointment, also hold the position of Inspector General of the
Commission on Civil Rights: Provided further, That the Inspector
General of the Commission on Civil Rights shall utilize personnel of the
Office of Inspector General of GAO in performing the duties of the
Inspector General of the Commission on Civil Rights, and shall not
appoint any individuals to positions within the Commission on
Civil <<NOTE: Waiver authority. Certification.>> Rights: Provided
further, That the Inspector General may waive any statutorily required
reporting requirement (with the exception of the semiannual report
required by section 5 of the Inspector General Act of 1978) upon a
certification to the Committees on Appropriations of the House of
Representatives and the Senate that such report is not necessary
[[Page 127 STAT. 267]]
for effective oversight of the Commission: Provided further, That of
the amounts made available in this paragraph, $450,000 shall be
transferred directly to the Office of Inspector General of GAO upon
enactment of this Act for salaries and expenses necessary to carry out
the duties of the Inspector General of the Commission on Civil Rights.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, the Civil Rights Act
of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008
(Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
including services as authorized by section 3109 of title 5, United
States Code; hire of passenger motor vehicles as authorized by section
1343(b) of title 31, United States Code; nonmonetary awards to private
citizens; and up to $29,500,000 for payments to State and local
enforcement agencies for authorized services to the Commission,
$370,000,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,250 from available <<NOTE: Notification.>> funds: Provided
further, That the Commission may take no action to implement any
workforce repositioning, restructuring, or reorganization until such
time as the Committees on Appropriations of the House of Representatives
and the Senate have been notified of such proposals, in accordance with
the reprogramming requirements of section 505 of this Act: Provided
further, That the Chair is authorized to accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by section 3109 of title 5, United States Code, and not to exceed $2,250
for official reception and representation expenses, $83,000,000, to
remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $365,000,000, of
which $339,400,000 is for basic field programs and required independent
audits; $4,200,000 is for the Office of Inspector General, of which such
amounts as may be necessary may be used to conduct additional audits of
recipients; $17,000,000 is for management and grants oversight;
$3,400,000 is for client self-help and information technology; and
$1,000,000 is for loan
[[Page 127 STAT. 268]]
repayment assistance: Provided, That the Legal Services Corporation may
continue to provide locality pay to officers and employees at a rate no
greater than that provided by the Federal Government to Washington, DC-
based employees as authorized by section 5304 of title 5, United States
Code, notwithstanding section 1005(d) of the Legal Services Corporation
Act (42 U.S.C. 2996(d)): <<NOTE: Applicability.>> Provided further,
That the authorities provided in section 205 of this Act shall be
applicable to the Legal Services Corporation: Provided further, That,
for the purposes of section 505 of this division, and section 3003 of
division G, the Legal Services Corporation shall be considered an agency
of the United States Government.
administrative provisions--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation 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 Legal Services Corporation 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.
Section 501(a)(2)(A) of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1996
(Public Law 104-134) <<NOTE: 110 Stat. 1321-51.>> is amended by striking
``on the basis of the most recent decennial census of population
conducted pursuant to section 141 of title 13, United States Code'' and
inserting ``triennially by the Bureau of the Census, except that, with
respect to fiscal year 2013, the change in allocation resulting from the
amendment made to this subparagraph by the Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2013 shall only be half of the
change which would otherwise result from that amendment in order to
phase in the change over a 2 year period''.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.), $3,081,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $51,251,000, of which $1,000,000 shall
remain available until expended: Provided, That not to exceed $111,600
shall be available for official reception and representation expenses.
[[Page 127 STAT. 269]]
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1984 (42 U.S.C.
10701 et seq.) $5,121,000, of which $500,000 shall remain available
until September 30, 2014: Provided, That not to exceed $2,250 shall be
available for official reception and representation expenses: Provided
further, That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, 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.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 505. <<NOTE: Notifications. Deadlines.>> (a) Subject to
subsections (b) and (c), none of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2013, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through 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 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
[[Page 127 STAT. 270]]
by Congress; unless the House and Senate Committees on Appropriations
are notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act to any agency of the
Department of Justice, or provided under previous appropriations Acts to
any agency of the Department of Justice that remain available for
obligation or expenditure in fiscal year 2013, or provided from any
accounts in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be available
for obligation or expenditure through 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 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;
unless the House and Senate Committees on Appropriations are notified 45
days in advance of such reprogramming of funds.
(c) <<NOTE: Termination date.>> Subsection (b) of this section
shall sunset on September 30, 2013.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories, or its possessions.
(2) <<NOTE: Definition.>> The term ``promotional items'' has the
meaning given the term in OMB Circular A-87, Attachment B, Item
(1)(f)(3).
Sec. 507. <<NOTE: Deadlines. Reports.>> (a) The Departments of
Commerce and Justice, the National Science Foundation, and the National
Aeronautics and Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly report on the status of balances of appropriations at the
account level. For unobligated, uncommitted balances and unobligated,
committed balances the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted within
30 days of the end of the first quarter of fiscal year 2013,
[[Page 127 STAT. 271]]
and subsequent reports shall be submitted within 30 days of the end of
each quarter thereafter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation of
a current accounting system, the department or agency shall fulfill such
aspect to the maximum extent practicable under such accounting system
and shall identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508. 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 included in this Act shall be absorbed
within the total budgetary resources available to such department
or <<NOTE: Transfer authority.>> agency: Provided, That the authority
to transfer funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to carry out
this section shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Sec. 509. <<NOTE: Tobacco and tobacco products.>> None of the funds
provided by this Act shall be available to promote the sale or export of
tobacco or tobacco products, or to seek the reduction or removal by any
foreign country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally to all
tobacco or tobacco products of the same type.
Sec. 510. <<NOTE: 42 USC 10601 note.>> Notwithstanding any other
provision of law, amounts deposited or available in the Fund established
by section 1402 of chapter XIV of title II of Public Law 98-473 (42
U.S.C. 10601) in any fiscal year in excess of $730,000,000 shall not be
available for obligation until the following fiscal year.
Sec. 511. <<NOTE: Discrimination.>> None of the funds made
available to the Department of Justice in this Act may be used to
discriminate against or denigrate the religious or moral beliefs of
students who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians of such
students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 514. <<NOTE: Firearm traces. 18 USC 923 note.>> (a) Tracing
studies conducted by the Bureau of Alcohol, Tobacco, Firearms and
Explosives are released without adequate disclaimers regarding the
limitations of the data.
(b) For fiscal year 2013 and thereafter, the Bureau of Alcohol,
Tobacco, Firearms and Explosives shall include in all such data
releases, language similar to the following that would make clear that
trace data cannot be used to draw broad conclusions about firearms-
related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
[[Page 127 STAT. 272]]
all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected do
not constitute a random sample and should not be considered
representative of the larger universe of all firearms used by
criminals, or any subset of that universe. Firearms are normally
traced to the first retail seller, and sources reported for
firearms traced do not necessarily represent the sources or
methods by which firearms in general are acquired for use in
crime.
Sec. 515. <<NOTE: Audits. Reports. Deadlines.>> (a) The Inspectors
General of the Department of Commerce, the Department of Justice, the
National Aeronautics and Space Administration, the National Science
Foundation, and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of grants or
contracts for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may include
preliminary findings and a description of areas of particular interest,
within 180 days after initiating such an audit and every 180 days
thereafter until any such audit is completed.
(b) <<NOTE: Public information. Web posting.>> Within 60 days after
the date on which an audit described in subsection (a) by an Inspector
General is completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the results of the
audit available to the public on the Internet website maintained by the
Department, Administration, Foundation, or Corporation, respectively.
The results shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a banquet or
conference that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a banquet
or conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(d) <<NOTE: Certification.>> Any person awarded a grant or contract
funded by amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the Administrator,
Director, or President, as appropriate, certifying that no funds derived
from the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial interest in
the person awarded the grant or contract.
(e) <<NOTE: Effective
date. Consultation. Determination. Applicability.>> The provisions of
the preceding subsections of this section shall take effect 30 days
after the date on which the Director of the Office of Management and
Budget, in consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and requirements,
substantially similar to the requirements in such subsections,
consistently apply under the executive branch ethics program to all
Federal departments, agencies, and entities.
Sec. 516. (a) <<NOTE: Consultation. Assessment. China.>> None of the
funds appropriated or otherwise made available under this Act may be
used by the Departments
[[Page 127 STAT. 273]]
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire an
information technology system unless the head of the entity involved, in
consultation with the Federal Bureau of Investigation or other
appropriate Federal entity, has made an assessment of any associated
risk of cyber-espionage or sabotage associated with the acquisition of
such system, including any risk associated with such system being
produced, manufactured or assembled by one or more entities that are
owned, directed or subsidized by the People's Republic of China.
(b) <<NOTE: Determination. Reports.>> None of the funds appropriated
or otherwise made available under this Act may be used to acquire an
information technology system described in an assessment required by
subsection (a) and produced, manufactured or assembled by one or more
entities that are owned, directed or subsidized by the People's Republic
of China unless the head of the assessing entity described in subsection
(a) determines, and reports that determination to the Committees on
Appropriations of the House of Representatives and the Senate, that the
acquisition of such system is in the national interest of the United
States.
Sec. 517. <<NOTE: Torture.>> None of the funds made available in
this Act shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the United States
Government.
Sec. 518. (a) <<NOTE: Exports and imports. Firearms. Canada.>>
Notwithstanding any other provision of law or treaty, none of the funds
appropriated or otherwise made available under this Act or any other Act
may be expended or obligated by a department, agency, or instrumentality
of the United States to pay administrative expenses or to compensate an
officer or employee of the United States in connection with requiring an
export license for the export to Canada of components, parts,
accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International
Trafficking in Arms Regulations (ITAR), part 121, as it existed on April
1, 2005) with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of this
section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in
[[Page 127 STAT. 274]]
subsection (a) to Canada for end use in Canada or return to the United
States, or temporary import of Canadian-origin items from Canada for end
use in the United States or return to Canada for a Canadian citizen.
(d) <<NOTE: President. Determination. Federal Register,
publication.>> The President may require export licenses under this
section on a temporary basis if the President determines, upon
publication first in the Federal Register, that the Government of Canada
has implemented or maintained inadequate import controls for the
articles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in
international terrorism or in the escalation of a conflict in another
nation. <<NOTE: Termination.>> The President shall terminate the
requirements of a license when reasons for the temporary requirements
have ceased.
Sec. 519. <<NOTE: Firearms. Ammunition.>> Notwithstanding any other
provision of law, no department, agency, or instrumentality of the
United States receiving appropriated funds under this Act or any other
Act shall obligate or expend in any way such funds to pay administrative
expenses or the compensation of any officer or employee of the United
States to deny any application submitted pursuant to 22 U.S.C.
2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113,
for a permit to import United States origin ``curios or relics''
firearms, parts, or ammunition.
Sec. 520. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the text
of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 521. <<NOTE: National security letters.>> None of the funds
made available in this Act may be used to authorize or issue a national
security letter in contravention of any of the following laws
authorizing the Federal Bureau of Investigation to issue national
security letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act; The National
Security Act of 1947; USA PATRIOT Act; and the laws amended by these
Acts.
Sec. 522. <<NOTE: Notifications.>> If at any time during any
quarter, the program manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling more than
$75,000,000 has reasonable cause to believe that the total program cost
has increased by 10 percent, the program manager shall immediately
inform the respective Secretary, Administrator,
or <<NOTE: Deadline.>> Director. The Secretary, Administrator, or
Director shall notify the House and Senate Committees on Appropriations
within 30 days in writing of such increase, and shall include in such
notice: the date on which such determination was made; a statement of
the reasons for such increases; the action taken and proposed to be
taken to control future cost growth of the project; changes made in the
performance or schedule milestones and the degree to which such changes
have contributed to the increase in total program costs or procurement
costs; new estimates of the total project or procurement costs; and a
statement validating that the project's management structure is adequate
to control total project or procurement costs.
[[Page 127 STAT. 275]]
Sec. 523. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2013 until the enactment of the Intelligence
Authorization Act for fiscal year 2013.
Sec. 524. <<NOTE: Web link. 5 USC app. 8M note.>> The Departments,
agencies, and commissions funded under this Act, shall establish and
maintain on the homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General website
by which individuals may anonymously report cases of waste,
fraud, or abuse with respect to those Departments, agencies, and
commissions.
Sec. 525. <<NOTE: Contracts. Grants. Certification.>> None of the
funds appropriated or otherwise made available by this Act may be used
to enter into a contract in an amount greater than $5,000,000 or to
award a grant in excess of such amount unless the prospective contractor
or grantee certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the contractor or
grantee has filed all Federal tax returns required during the three
years preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not, more than
90 days prior to certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless the
assessment is the subject of an installment agreement or offer in
compromise that has been approved by the Internal Revenue Service and is
not in default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
(rescissions)
Sec. 526. <<NOTE: Deadlines.>> (a) Of the unobligated balances
available to the Department of Justice, the following funds are hereby
rescinded, not later than September 30, 2013, from the following
accounts in the specified amounts--
(1) ``Working Capital Fund'', $26,000,000;
(2) ``Legal Activities, Assets Forfeiture Fund'',
$722,697,000;
(3) ``Bureau of Alcohol, Tobacco, Firearms and Explosives,
Violent Crime Reduction Program'', $1,028,000;
(4) ``Federal Prison System, Buildings and Facilities'',
$64,700,000;
(5) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $12,000,000;
(6) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $43,000,000; and
(7) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $12,200,000.
(b) <<NOTE: Reports.>> The Department of Justice shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2013, specifying the amount
of each rescission made pursuant to subsection (a).
Sec. 527. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is inconsistent with
the principal negotiating objective of the United States with
[[Page 127 STAT. 276]]
respect to trade remedy laws to preserve the ability of the United
States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and
international disciplines on unfair trade, especially
dumping and subsidies; or
(B) lessen the effectiveness of domestic and
international safeguard provisions, in order to ensure
that United States workers, agricultural producers, and
firms can compete fully on fair terms and enjoy the
benefits of reciprocal trade concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
Sec. 528. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 529. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency at any single conference occurring
outside the United States, unless such conference is a law enforcement
training or operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforcement
personnel stationed outside the United States.
Sec. 530. <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> None
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer, release, or assist in the transfer or
release to or within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 531. (a) <<NOTE: Cuba.>> None of the funds appropriated or
otherwise made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United States, its
territories, or possessions to house any individual described in
subsection (c) for the purposes of detention or imprisonment in the
custody or under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
[[Page 127 STAT. 277]]
Sec. 532. <<NOTE: ACORN.>> None of the funds made available under
this Act may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
Sec. 533. <<NOTE: Light bulbs.>> To the extent practicable, funds
made available in this Act should be used to purchase light bulbs that
are ``Energy Star'' qualified or have the ``Federal Energy Management
Program'' designation.
Sec. 534. The Director of the Office of Management and Budget shall
instruct any department, agency, or instrumentality of the United States
Government receiving funds appropriated under this Act to track
undisbursed balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on
the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
Sec. 535. (a) <<NOTE: China.>> None of the funds made available by
this Act may be used for the National Aeronautics and Space
Administration (NASA) or the Office of Science and Technology Policy
(OSTP) to develop, design, plan, promulgate, implement, or execute a
bilateral policy, program, order, or contract of any kind to
participate, collaborate, or coordinate bilaterally in any way with
China or any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of enactment of
this Act.
(b) <<NOTE: Applicability.>> The limitation in subsection (a) shall
also apply to any funds used to effectuate the hosting of official
Chinese visitors at facilities belonging to or utilized by NASA.
(c) <<NOTE: Certification.>> The limitations described in
subsections (a) and (b) 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.
(d) <<NOTE: Deadline.>> Any certification made under subsection (c)
shall be submitted to the Committees on Appropriations of the House of
Representatives and the Senate no later than 30 days prior to the
activity in question and shall include a description of the purpose of
the activity, its agenda, its major participants, and its location and
timing.
Sec. 536. None of the funds made available in this Act may be used
to relocate the Bureau of the Census or employees from
[[Page 127 STAT. 278]]
the Department of Commerce to the jurisdiction of the Executive Office
of the President.
Sec. 537. <<NOTE: Spending plans. Deadline.>> The Departments of
Commerce and Justice, the National Aeronautics and Space Administration,
and the National Science Foundation shall submit spending plans, signed
by the respective department or agency head, to the Committees on
Appropriations of the House of Representatives and the Senate within 45
days after the date of enactment of this Act.
Sec. 538. <<NOTE: Firearms.>> None of the funds made available by
this Act may be used 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 requirements of law 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.
Sec. 539. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 540. <<NOTE: Corporations.>> None of the funds made available
by this Act may be 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, where the awarding agency is aware of the
conviction, unless an agency has considered suspension or debarment of
the corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 541. <<NOTE: Corporations.>> None of the funds made available
by this Act may be 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, where the
awarding agency is aware of the unpaid tax liability, unless an agency
has considered suspension or debarment of the corporation and has made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 542. None of the funds made available by this Act may be used
to pay the salary of any officer or employee of the Department of
Commerce who uses amounts in the Fisheries Enforcement Asset Forfeiture
Fund of the National Oceanic and Atmospheric Administration that
consists of the sums described in section 311(e)(1) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1))
for any purpose other than a purpose specifically authorized under such
section.
[[Page 127 STAT. 279]]
Sec. 543. (a) <<NOTE: Certification.>> None of the funds made
available by this Act may be used to carry out 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 the National Science Foundation, except for research
projects that the Director of the National Science Foundation certifies
as promoting national security or the economic interests of the United
States.
(b) <<NOTE: Web posting.>> The Director of the National Science
Foundation shall publish a statement of the reason for each
certification made pursuant to subsection (a) on the public website of
the National Science Foundation.
(c) Any unobligated balances for the Political Science Program
described in subsection (a) may be provided for other scientific
research and studies that do not duplicate those being funded by other
Federal agencies.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2013''.
DIVISION C <<NOTE: Department of Defense Appropriations Act, 2013.>> --
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2013, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $40,199,263,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $26,902,346,000.
[[Page 127 STAT. 280]]
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $12,531,549,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $28,052,826,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,456,823,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,874,023,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified
[[Page 127 STAT. 281]]
in section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$658,251,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $1,722,425,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of title
32, United States Code, or while serving on duty under section 12301(d)
of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$7,981,577,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,153,990,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $12,478,000 can be used for emergencies and
[[Page 127 STAT. 282]]
extraordinary expenses, to be expended on the approval or authority of
the Secretary of the Army, and payments may be made on his certificate
of necessity for confidential military purposes, $35,409,260,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,804,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$41,614,453,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$6,034,963,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $34,780,406,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$31,862,980,000: Provided, That not more than $30,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity for
confidential military purposes: Provided further, That of the funds
provided under this heading, not less than $36,480,000 shall be made
available for the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $3,600,000 shall be available for
centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none of
the funds appropriated or otherwise made available by this Act may be
used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of Defense,
the office of the Secretary of a military department, or the service
headquarters of one of the Armed Forces into a legislative affairs or
legislative liaison office: Provided further, That $8,563,000, to
remain available until expended, is available only for expenses relating
to certain classified activities, and may
[[Page 127 STAT. 283]]
be transferred as necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the same time
period as the appropriations to which transferred: Provided further,
That any ceiling on the investment item unit cost of items that may be
purchased with operation and maintenance funds shall not apply to the
funds described in the preceding proviso: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $3,182,923,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,256,347,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $277,377,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,261,324,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in
[[Page 127 STAT. 284]]
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau; supplying and equipping
the Army National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and equipment
(including aircraft), $7,154,161,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,494,326,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $13,516,000, of which not to exceed $5,000
may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $335,921,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which
transferred: <<NOTE: Determination.>> Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $310,594,000, to remain available
until <<NOTE: Determination.>> transferred: Provided, That the
Secretary of the Navy shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste,
[[Page 127 STAT. 285]]
removal of unsafe buildings and debris of the Department of the Navy, or
for similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same purposes
and for the same time period as the appropriations to
which <<NOTE: Determination.>> transferred: Provided further, That upon
a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $529,263,000, to remain
available until <<NOTE: Determination.>> transferred: Provided, That
the Secretary of the Air Force shall, upon determining that such funds
are required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Air Force, or for similar purposes, transfer the funds
made available by this appropriation to other appropriations made
available to the Department of the Air Force, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which <<NOTE: Determination.>> transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $11,133,000, to remain available
until <<NOTE: Determination.>> transferred: Provided, That the
Secretary of Defense shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of Defense, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: <<NOTE: Determination.>> Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
[[Page 127 STAT. 286]]
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $287,543,000, to remain available
until transferred: <<NOTE: Determination.>> Provided, That the
Secretary of the Army shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at sites
formerly used by the Department of Defense, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: <<NOTE: Determination.>> Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $108,759,000, to remain available until
September 30, 2014.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and, with
appropriate authorization by the Department of Defense and Department of
State, to countries outside of the former Soviet Union, including
assistance provided by contract or by grants, for facilitating the
elimination and the safe and secure transportation and storage of
nuclear, chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training
and support of defense and military personnel for demilitarization and
protection of weapons, weapons components and weapons technology and
expertise, and for defense and military contacts, $519,111,000, to
remain available until September 30, 2015.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $50,198,000.
[[Page 127 STAT. 287]]
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $6,028,754,000, to remain available for obligation until
September 30, 2015.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,535,433,000, to remain available for obligation until
September 30, 2015.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $1,857,823,000, to
remain available for obligation until September 30, 2015.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired,
[[Page 127 STAT. 288]]
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,641,306,000, to remain available for obligation
until September 30, 2015.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $5,741,664,000, to
remain available for obligation until September 30, 2015.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$17,382,152,000, to remain available for obligation until September 30,
2015.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $3,036,871,000, to remain available for obligation
until September 30, 2015.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United
[[Page 127 STAT. 289]]
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $659,897,000, to remain available for obligation
until September 30, 2015.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long lead
time components and designs for vessels to be constructed or converted
in the future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, as follows:
Carrier Replacement Program, $565,371,000;
Virginia Class Submarine, $3,217,601,000;
Virginia Class Submarine (AP), $1,652,557,000;
CVN Refuelings, $1,613,392,000;
CVN Refuelings (AP), $70,010,000;
DDG-1000 Program, $669,222,000;
DDG-51 Destroyer, $4,036,628,000;
DDG-51 Destroyer (AP), $466,283,000;
Littoral Combat Ship, $1,784,959,000;
LPD-17 (AP), $263,255,000;
Joint High Speed Vessel, $189,196,000;
Moored Training Ship, $307,300,000;
LCAC Service Life Extension Program, $85,830,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $290,035,000.
Completion of Prior Year Shipbuilding Programs,
$372,573,000.
In all: $15,584,212,000, to remain available for obligation until
September 30, 2017: Provided, That additional obligations may be
incurred after September 30, 2017, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein,
[[Page 127 STAT. 290]]
may be acquired, and construction prosecuted thereon prior to approval
of title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and Government
and contractor-owned equipment layaway, $5,955,078,000, to remain
available for obligation until September 30, 2015.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, $1,411,411,000, to remain available for obligation until
September 30, 2015.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $11,774,019,000, to remain available for
obligation until September 30, 2015.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things, $4,962,376,000,
to remain available for obligation until September 30, 2015.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United
[[Page 127 STAT. 291]]
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $594,694,000, to remain available for obligation
until September 30, 2015.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon,
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $17,082,508,000, to remain available for
obligation until September 30, 2015.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$4,878,985,000, to remain available for obligation until September 30,
2015.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $223,531,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $8,676,627,000, to
remain available for obligation until September 30, 2014.
[[Page 127 STAT. 292]]
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $16,963,398,000, to
remain available for obligation until September 30, 2014: Provided,
That funds appropriated in this paragraph which are available for the V-
22 may be used to meet unique operational requirements of the Special
Operations Forces: Provided further, That funds appropriated in this
paragraph shall be available for the Cobra Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $25,432,738,000, to
remain available for obligation until September 30, 2014.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $18,631,946,000, to remain
available for obligation until September 30, 2014: Provided, That of
the funds made available in this paragraph, $250,000,000 for the Defense
Rapid Innovation Program shall only be available for expenses, not
otherwise provided for, to include program management and oversight, to
conduct research, development, test and evaluation to include proof of
concept demonstration; engineering, testing, and validation; and
transition to full-scale production: Provided further, That the
Secretary of Defense may transfer funds provided herein for the Defense
Rapid Innovation Program to appropriations for research, development,
test and evaluation to accomplish the purpose provided herein: Provided
further, That this transfer authority is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That the Secretary of Defense shall,
not <<NOTE: Deadline. Notification.>> fewer than 30 days prior to
making transfers from this appropriation, notify the congressional
defense committees in writing of the details of any such transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $223,768,000, to remain available for obligation until
September 30, 2014.
[[Page 127 STAT. 293]]
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,516,184,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security needs
of the United States, $697,840,000, to remain available
until <<NOTE: Contracts.>> expended: Provided, That none of the funds
provided in this paragraph shall be used to award a new contract that
provides for the acquisition of any of the following major components
unless such components are manufactured in the United States: auxiliary
equipment, including pumps, for all shipboard services; propulsion
system components (engines, reduction gears, and propellers); shipboard
cranes; and spreaders for shipboard cranes:
<<NOTE: Contracts.>> Provided further, That the exercise of an option in
a contract awarded through the obligation of previously appropriated
funds shall not be considered to be the award of a new
contract: <<NOTE: Waiver authority. Certification.>> Provided further,
That the Secretary of the military department responsible for such
procurement may waive the restrictions in the first proviso on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$32,715,304,000; of which $30,885,165,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
until September 30, 2014, and of which up to $15,934,952,000 may be
available for contracts entered into under the TRICARE program; of which
$521,762,000, to remain available for obligation until September 30,
2015, shall be for procurement; and of which $1,308,377,000, to remain
available for obligation until September 30, 2014, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount made available
under this heading for research, development, test and evaluation, not
less than $8,000,000 shall be available for HIV prevention educational
activities undertaken in connection with United States military
training, exercises, and humanitarian assistance activities conducted
primarily in African nations: <<NOTE: Expenditure plan.>> Provided
further, That of the funds provided to develop
[[Page 127 STAT. 294]]
a joint Department of Defense--Department of Veterans Affairs (DOD-VA)
integrated Electronic Health Record, not more than 25 percent may be
obligated until the DOD-VA Interagency Program Office submits to the
Committees on Appropriations of both Houses of Congress, and such
Committees approve, a plan for expenditure that: (1) defines the budget
and cost baseline for development of the integrated Electronic Health
Record; (2) identifies the deployment timeline for the system for both
agencies; (3) breaks out annual and total spending for each Department;
(4) relays detailed cost-sharing business rules; (5) establishes data
standardization schedules between the Departments; (6) has been
submitted to the Government Accountability Office for review; and (7)
complies with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal Government.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,301,786,000, of which $635,843,000 shall
be for operation and maintenance, of which no less than $53,948,000
shall be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $22,214,000 for activities on military installations and
$31,734,000, to remain available until September 30, 2014, to assist
State and local governments; $18,592,000 shall be for procurement, to
remain available until September 30, 2015, of which $1,823,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to assist
State and local governments; and $647,351,000, to remain available until
September 30, 2014, shall be for research, development, test and
evaluation, of which $627,705,000 shall only be for the Assembled
Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,159,263,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which <<NOTE: Determination.>> transferred: Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere in this
Act.
[[Page 127 STAT. 295]]
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $350,321,000, of which $347,621,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $2,700,000, to remain available until September
30, 2015, shall be for procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $534,421,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. <<NOTE: 10 USC 1584 note.>> During the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of <<NOTE: Pay rates. Foreign
nationals.>> Defense: Provided, That salary increases granted to direct
and indirect hire foreign national employees of the Department of
Defense funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees of the
Department of Defense whose pay is computed under the provisions of
section 5332 of title 5, United States Code, or at a rate in excess of
the percentage increase provided by the appropriate host nation to its
own employees, whichever is higher: Provided further, That this section
shall not apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, <<NOTE: Turkey.>> That the limitations of this
provision shall not apply to foreign national employees of the
Department of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
[[Page 127 STAT. 296]]
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training of
the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. <<NOTE: Determination.>> Upon determination by the
Secretary of Defense that such action is necessary in the national
interest, he may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,000,000,000 of working capital funds
of the Department of Defense or funds made available in this Act to the
Department of Defense for military functions (except military
construction) between such appropriations or funds or any subdivision
thereof, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to which
transferred: Provided, That such authority to transfer may not be used
unless for higher priority items, based on unforeseen military
requirements, than those for which originally appropriated and in no
case where the item for which funds are requested has been denied by the
Congress: <<NOTE: Notification.>> Provided further, That the Secretary
of Defense shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this Act:
<<NOTE: Reprogramming requests.>> Provided further, That no part of the
funds in this Act shall be available to prepare or present a request to
the Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
<<NOTE: Deadline.>> Provided further, That a request for multiple
reprogrammings of funds using authority provided in this section shall
be made prior to June 30, 2013: Provided further, That transfers among
military personnel appropriations shall not be taken into account for
purposes of the limitation on the amount of funds that may be
transferred under this section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this <<NOTE: Applicability.>> Act:
Provided, That section 8005 shall apply when transfers of the amounts
described in subsection (a) occur between appropriation accounts.
Sec. 8007. <<NOTE: Deadline. Reports.>> (a) Not later than 60 days
after enactment of this Act, the Department of Defense shall submit a
report to the congressional defense committees to establish the baseline
for application
[[Page 127 STAT. 297]]
of reprogramming and transfer authorities for fiscal year 2013:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> Notwithstanding section 8005 of this
Act, none of the funds provided in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional defense
committees that such reprogramming or transfer is necessary as an
emergency requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between
such <<NOTE: Notification.>> funds: Provided further, That transfers
may be made between working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may be
determined by the Secretary of Defense, with the approval of the Office
of Management and Budget, except that such transfers may not be made
unless the Secretary of Defense has notified the Congress of the
proposed <<NOTE: Notification.>> transfer. Except in amounts equal to
the amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure or
increase the value of war reserve material inventory, unless the
Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. <<NOTE: Notification. Deadline.>> 8009. Funds appropriated by
this Act may not be used to initiate a special access program without
prior notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. <<NOTE: Contracts. Notifications. Deadlines. 10 USC
2306b note.>> None of the funds provided in this Act shall be available
to initiate: (1) a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year of the
contract or that includes an unfunded contingent liability in excess of
$20,000,000; or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional defense
committees have been notified at least 30 days in advance of the
proposed contract award: Provided, That no part of any appropriation
contained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance procurement is
not funded at least to the limits of the Government's liability:
Provided further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement contracts for
any
[[Page 127 STAT. 298]]
systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, <<NOTE: Deadline. Notification.>> That no multiyear
procurement contract can be terminated without 10-day prior notification
to the congressional defense committees: Provided further, That the
execution of multiyear authority shall require the use of a present
value analysis to determine lowest cost compared to an
annual <<NOTE: Budget request.>> procurement: Provided further, That
none of the funds provided in this Act may be used for a multiyear
contract executed after the date of the enactment of this Act unless in
the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
F/A-18E, F/A-18F, and EA-18G aircraft; up to 10 DDG-51 Arleigh Burke
class Flight IIA guided missile destroyers, as well as the AEGIS Weapon
Systems, MK 41 Vertical Launching Systems, and Commercial Broadband
Satellite Systems associated with those vessels; SSN-774 Virginia class
submarine and government-furnished equipment; CH-47 Chinook helicopter;
and V-22 Osprey aircraft variants.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. <<NOTE: Reports.>> Such funds may also be obligated for
humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of chapter
20 of title 10, United States Code, and these obligations shall be
reported as required by section 401(d) of title 10, United States Code:
<<NOTE: Humanitarian assistance. Territories.>> Provided, That funds
available for operation and maintenance shall be available for providing
humanitarian and similar assistance by using Civic Action Teams in the
Trust Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized by
Public Law 99-239: <<NOTE: Determination.>> Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
[[Page 127 STAT. 299]]
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2013, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) <<NOTE: Budget request. Effective date.>> The fiscal year 2014
budget request for the Department of Defense as well as all
justification material and other documentation supporting the fiscal
year 2014 Department of Defense budget request shall be prepared and
submitted to the Congress as if subsections (a) and (b) of this
provision were effective with regard to fiscal year 2014.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. <<NOTE: Lobbying.>> None of the funds made available by
this Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before the Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior to
October 1, 1987: <<NOTE: Applicability.>> Provided further, That this
section applies only to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8016. <<NOTE: Anchor and mooring chain.>> None of the funds in
this Act may be available for the purchase by the Department of Defense
(and its departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the anchor and
mooring chain are manufactured in the United States from components
which are substantially manufactured in the United States:
<<NOTE: Definition.>> Provided, That for the purpose of this section,
the term ``manufactured'' shall include cutting, heat treating, quality
control, testing of chain and welding (including the forging and shot
blasting process): Provided further, That for the purpose of this
section substantially all of the components of anchor and mooring chain
shall be considered to be produced or manufactured in the United States
if the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: <<NOTE: Waiver
authority. Certification.>> Provided further, That
[[Page 127 STAT. 300]]
when adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations
that such an acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8017. <<NOTE: Arms and munitions. Certification.>> None of the
funds available to the Department of Defense may be used to demilitarize
or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber
rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that are not
otherwise prohibited from commercial sale under Federal law, unless the
small arms ammunition or ammunition components are certified by the
Secretary of the Army or designee as unserviceable or unsafe for further
use.
Sec. 8018. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
<<NOTE: Waiver authority. Certification.>> Provided, That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the congressional defense committees that such
a relocation is required in the best interest of the Government.
Sec. 8019. <<NOTE: Contracts.>> In addition to the funds provided
elsewhere in this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor
at any tier that makes a subcontract award to any subcontractor or
supplier as defined in section 1544 of title 25, United States Code, or
a small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed additional
compensation under section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with respect to any
fiscal year: <<NOTE: Applicability.>> Provided further, That
notwithstanding section 1906 of title 41, United States Code, this
section shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or manufactured, in
whole or in part, by any subcontractor or supplier defined in section
1544 of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section 4221(9)
of title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8021. <<NOTE: Kuwait.>> During the current fiscal year, the
Department of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section 2350j(c) of title
10, United States Code, in anticipation of receipt of contributions,
only from the Government of Kuwait, under that section: Provided, That
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
[[Page 127 STAT. 301]]
Sec. 8022. (a) Of the funds made available in this Act, not less
than $38,634,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $28,404,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counterdrug activities,
and drug demand reduction activities involving youth programs;
(2) $9,298,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $932,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any similar entity
of a defense FFRDC, and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be compensated for his
or her services as a member of such entity, or as a paid consultant by
more than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Federal Joint
Travel Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2013 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2013, not more than 5,750
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided; That of the specific amount referred to previously in
this subsection, not more than 1,125 staff years may be funded for the
defense studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the National
Intelligence Program (NIP) and the Military Intelligence Program (MIP).
(e) <<NOTE: Reports.>> The Secretary of Defense shall, with the
submission of the department's fiscal year 2014 budget request, submit a
report presenting the specific amounts of staff years of technical
effort to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.
Sec. 8024. <<NOTE: Contracts.>> None of the funds appropriated or
made available in this Act shall be used to procure carbon, alloy, or
armor steel plate for use in any Government-owned facility or property
under
[[Page 127 STAT. 302]]
the control of the Department of Defense which were not melted and
rolled in the United States or Canada:
<<NOTE: Applicability.>> Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate:
<<NOTE: Waiver authority. Certification.>> Provided further, That the
Secretary of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions shall not
apply to contracts which are in being as of the date of the enactment of
this Act.
Sec. 8025. <<NOTE: Definition.>> For the purposes of this Act, the
term ``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services Committee
of the Senate, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
Sec. 8026. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
<<NOTE: Certification.>> Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power of
delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget Circular
A-76 shall not apply to competitions conducted under this section.
Sec. 8027. <<NOTE: Determination. Contracts. Rescission. 41 USC 8304
note.>> (a)(1) If the Secretary of Defense, after consultation with the
United States Trade Representative, determines that a foreign country
which is party to an agreement described in paragraph (2) has violated
the terms of the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) <<NOTE: Memorandum.>> An agreement referred to in paragraph (1)
is any reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to which the
Secretary of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) <<NOTE: Reports.>> The Secretary of Defense shall submit to the
Congress a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2013. Such report shall separately
indicate the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2), the
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
[[Page 127 STAT. 303]]
Sec. 8028. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8029. (a) <<NOTE: Housing. Native Americans. State
listing.>> Notwithstanding any other provision of law, the Secretary of
the Air Force may convey at no cost to the Air Force, without
consideration, to Indian tribes located in the States of Nevada, Idaho,
North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington
relocatable military housing units located at Grand Forks Air Force
Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth
Air Force Base, and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any conflicts
among requests of Indian tribes for housing units under subsection (a)
before submitting requests to the Secretary of the Air Force under
subsection (b).
(d) <<NOTE: Definition.>> In this section, the term ``Indian tribe''
means any recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the Federally
Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792;
25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $250,000.
Sec. 8031. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) <<NOTE: Budget request.>> The fiscal year 2014 budget request
for the Department of Defense as well as all justification material and
other documentation supporting the fiscal year 2014 Department of
Defense budget shall be prepared and submitted to the Congress on the
basis that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted
for in a proposed fiscal year 2014 procurement appropriation and not in
the supply management business area or any other
[[Page 127 STAT. 304]]
area or category of the Department of Defense Working Capital Funds.
Sec. 8032. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for obligation
beyond the current fiscal year, except for funds appropriated for the
Reserve for Contingencies, which shall remain available until September
30, 2014: <<NOTE: 50 USC 403u note.>> Provided, That funds
appropriated, transferred, or otherwise credited to the Central
Intelligence Agency Central Services Working Capital Fund during this or
any prior or subsequent fiscal year shall remain available until
expended: Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action programs
authorized by the President under section 503 of the National Security
Act of 1947, as amended, shall remain available until September 30,
2014.
Sec. 8033. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8034. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8035. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act. For purposes of
this subsection, the term ``Buy American Act'' means chapter 83 of title
41, United States Code.
(b) <<NOTE: Determination. Labeling. Fraud. Debarment.>> If the
Secretary of Defense determines that a person has been convicted of
intentionally affixing a label bearing a ``Made in America'' inscription
to any product sold in or shipped to the United States that is not made
in America, the Secretary shall determine, in accordance with section
2410f of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality competitive, and available in a timely fashion.
Sec. 8036. <<NOTE: Contracts. Determination.>> None of the funds
appropriated by this Act shall be available for a contract for studies,
analysis, or consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the activity
responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
[[Page 127 STAT. 305]]
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this
limitation shall not apply to contracts in an amount of less
than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
Sec. 8037. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) <<NOTE: Waiver authority. Determination. Certification.>> The
Secretary of Defense or Secretary of a military department may waive the
limitations in subsection (a), on a case-by-case basis, if the Secretary
determines, and certifies to the Committees on Appropriations of the
House of Representatives and Senate that the granting of the waiver will
reduce the personnel requirements or the financial requirements of the
department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive
devices, and, as determined by the Secretary of the Army, other
similar threats; or
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense.
Sec. 8038. None of the funds made available in this Act may be used
to approve or license the sale of the F-22A advanced tactical fighter to
any foreign government: Provided, That the Department of Defense may
conduct or participate in studies, research, design and other activities
to define and develop a future export version of the F-22A that protects
classified and sensitive information, technologies and U.S. warfighting
capabilities.
Sec. 8039. <<NOTE: Contracts.>> (a) None of the funds appropriated
by this Act shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or after the
date of the enactment of this Act, is performed by Department of Defense
civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
[[Page 127 STAT. 306]]
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or exceeds
the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or function
under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any commercial
or industrial type function of the Department of Defense that--
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O'Day Act (section 8503 of
title 41, United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in accordance
with that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts for
depot maintenance as provided in sections 2469 and 2474 of title 10,
United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to be
awarded under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the competition or
outsourcing of commercial activities.
(rescissions)
Sec. 8040. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
[[Page 127 STAT. 307]]
``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51
Destroyer, $98,400,000;
``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51
Destroyer Advance Procurement, $2,500,000;
``Shipbuilding and Conversion, Navy, 2007/ 2018'': CVN
Refueling Overhaul, $14,100,000;
``Procurement of Ammunition, Army, 2011/ 2013'',
$14,862,000;
``Other Procurement, Army, 2011/2013'', $108,098,000;
``Aircraft Procurement, Navy, 2011/2013'', $43,860,000;
``Shipbuilding and Conversion, Navy, 2011/ 2015'': DDG-51
Destroyer, $215,300,000;
``Weapons Procurement, Navy, 2011/2013'', $22,000,000;
``Aircraft Procurement, Air Force, 2011/2013'', $93,400,000;
``Other Procurement, Air Force, 2011/2013'', $9,500,000;
``Operation and Maintenance, Defense-Wide, 2012/XXXX'',
$21,000,000;
``Aircraft Procurement, Army, 2012/2014'', $47,400,000;
``Other Procurement, Army, 2012/2014'', $179,608,000;
``Aircraft Procurement, Navy, 2012/2014'', $19,040,000;
``Shipbuilding and Conversion, Navy, 2012/ 2016'': Littoral
Combat Ship, $28,800,000;
``Shipbuilding and Conversion, Navy, 2012/ 2016'': DDG-51
Destroyer, $83,000,000;
``Weapons Procurement, Navy, 2012/2014'', $36,467,000;
``Procurement of Ammunition, Navy and Marine Corps, 2012/
2014'', $16,300,000;
``Procurement, Marine Corps, 2012/2014'', $132,555,000;
``Aircraft Procurement, Air Force, 2012/2014'',
$394,299,000;
``Missile Procurement, Air Force, 2012/2014'', $52,898,000;
``Other Procurement, Air Force, 2012/2014'', $55,800,000;
``Procurement, Defense-Wide, 2012/2014'', $16,000,000;
``Research, Development, Test and Evaluation, Army, 2012/
2013'', $41,000,000;
``Research, Development, Test and Evaluation, Navy, 2012/
2013'', $246,800,000;
``Research, Development, Test and Evaluation, Air Force,
2012/2013'', $149,460,000.
Sec. 8041. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military technicians
(dual status), unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8042. <<NOTE: North Korea.>> None of the funds appropriated or
otherwise made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense
[[Page 127 STAT. 308]]
Agencies and Joint Intelligence Activities, including the activities and
programs included within the National Intelligence Program and the
Military Intelligence Program: Provided, That nothing in this section
authorizes deviation from established Reserve and National Guard
personnel and training procedures.
Sec. 8044. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2003, level: <<NOTE: Waiver
authority. Certification.>> Provided, That the Service Surgeons General
may waive this section by certifying to the congressional defense
committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
Sec. 8045. (a) <<NOTE: Drugs and drug abuse. 10 USC 374 note.>> None
of the funds available to the Department of Defense for any fiscal year
for drug interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) <<NOTE: 50 USC 403f note.>> None of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any other department
or agency of the United States except as specifically provided in an
appropriations law.
Sec. 8046. <<NOTE: Ball and roller bearings.>> None of the funds
appropriated by this Act may be used for the procurement of ball and
roller bearings other than those produced by a domestic source and of
domestic <<NOTE: Waiver authority. Certification.>> origin: Provided,
That the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes:
<<NOTE: Applicability.>> Provided further, That this restriction shall
not apply to the purchase of ``commercial items'', as defined by section
4(12) of the Office of Federal Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8047. <<NOTE: Supercomputer. Certification.>> None of the
funds in this Act may be used to purchase any supercomputer which is not
manufactured in the United States, unless the Secretary of Defense
certifies to the congressional defense committees that such an
acquisition must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8048. <<NOTE: Salaries.>> None of the funds made available in
this or any other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or implements the
transfer of administrative responsibilities or budgetary resources of
any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act without
the express authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8049. <<NOTE: Notification. Deadline.>> (a) Notwithstanding any
other provision of law, none of the funds available to the Department of
Defense for the
[[Page 127 STAT. 309]]
current fiscal year may be obligated or expended to transfer to another
nation or an international organization any defense articles or services
(other than intelligence services) for use in the activities described
in subsection (b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate are notified 15 days in
advance of such transfer.
(b) <<NOTE: Applicability.>> This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement,
or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services to
be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such
replacement.
Sec. 8050. <<NOTE: Contracts.>> None of the funds available to the
Department of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8052. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be
[[Page 127 STAT. 310]]
charged to any current appropriation account for the same purpose as the
expired or closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8053. (a) <<NOTE: Reimbursement.>> Notwithstanding any other
provision of law, the Chief of the National Guard Bureau may permit the
use of equipment of the National Guard Distance Learning Project by any
person or entity on a space-available, reimbursable basis. The Chief of
the National Guard Bureau shall establish the amount of reimbursement
for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8054. <<NOTE: Germany.>> Using funds made available by this
Act or any other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States Code, may
implement cost-effective agreements for required heating facility
modernization in the Kaiserslautern Military Community in the Federal
Republic of Germany: <<NOTE: Anthracite.>> Provided, That in the City
of Kaiserslautern and at the Rhine Ordnance Barracks area, such
agreements will include the use of United States anthracite as the base
load energy for municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army Regional
Medical Center and Ramstein Air Base, furnished heat may be obtained
from private, regional or municipal services, if provisions are included
for the consideration of United States coal as an energy source.
Sec. 8055. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Intelligence
Program: <<NOTE: Waiver authority. Certification.>> Provided further,
That the Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations
of the
[[Page 127 STAT. 311]]
House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8056. (a) <<NOTE: Waiver authority. Determination.>> The
Secretary of Defense may, on a case-by-case basis, waive with respect to
a foreign country each limitation on the procurement of defense items
from foreign sources provided in law if the Secretary determines that
the application of the limitation with respect to that country would
invalidate cooperative programs entered into between the Department of
Defense and the foreign country, or would invalidate reciprocal trade
agreements for the procurement of defense items entered into under
section 2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced in the
United States for that country.
(b) <<NOTE: Applicability. Contracts.>> Subsection (a) applies with
respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under headings
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
8211, 8215, and 9404.
Sec. 8057. <<NOTE: Human rights.>> (a) None of the funds made
available by this Act may be used to support any training program
involving a unit of the security forces or police of a foreign country
if the Secretary of Defense has received credible information from the
Department of State that the unit has committed a gross violation of
human rights, unless all necessary corrective steps have been taken.
(b) <<NOTE: Consultation.>> The Secretary of Defense, in
consultation with the Secretary of State, shall ensure that prior to a
decision to conduct any training program referred to in subsection (a),
full consideration is given to all credible information available to the
Department of State relating to human rights violations by foreign
security forces.
(c) <<NOTE: Waiver authority. Determination.>> The Secretary of
Defense, after consultation with the Secretary of State, may waive the
prohibition in subsection (a) if he determines that such waiver is
required by extraordinary circumstances.
(d) <<NOTE: Deadline. Reports.>> Not more than 15 days after the
exercise of any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense committees describing
the extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign security
forces involved in the training program, and the information relating to
human rights violations that necessitates the waiver.
Sec. 8058. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
[[Page 127 STAT. 312]]
Sec. 8059. <<NOTE: Deadline. Reports.>> Notwithstanding any other
provision of law, funds appropriated in this Act under the heading
``Research, Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or joint
capability demonstration project may only be obligated 45 days after a
report, including a description of the project, the planned acquisition
and transition strategy and its estimated annual and total cost, has
been provided in writing to the congressional defense committees:
Provided, <<NOTE: Waiver authority. Certification.>> That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8060. <<NOTE: Classified
information. Deadlines. Reports. Effective date.>> The Secretary of
Defense shall provide a classified quarterly report beginning 30 days
after enactment of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as directed in
the classified annex accompanying this Act.
Sec. 8061. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support to
another department or agency of the United States if such department or
agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable basis,
and is providing the requested support pursuant to such authority:
<<NOTE: Waiver authority. Certification.>> Provided further, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8062. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8063. <<NOTE: Arms and munitions.>> None of the funds provided
in this Act may be used to transfer to any nongovernmental entity
ammunition held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary tracer (API-T)'',
except to an entity performing demilitarization services for the
Department of Defense under a contract that requires the entity to
demonstrate to the satisfaction of the Department of Defense that armor
piercing projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture of
ammunition for export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of State.
Sec. 8064. <<NOTE: Waiver authority. Time period.>> Notwithstanding
any other provision of law, the Chief of the National Guard Bureau, or
his designee, may waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10, United
States Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in section 508(d)
[[Page 127 STAT. 313]]
of title 32, United States Code, or any other youth, social, or
fraternal nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case basis.
Sec. 8065. <<NOTE: Alcohol and alcoholic beverages.>> None of the
funds appropriated by this Act shall be used for the support of any
nonappropriated funds activity of the Department of Defense that
procures malt beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt beverages and
wine are procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be made in
any State in which the installation is <<NOTE: Applicability.>> located:
Provided further, That such local procurement requirements for malt
beverages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with another
State: Provided further, That alcoholic beverages other than wine and
malt beverages, in contiguous States and the District of Columbia shall
be procured from the most competitive source, price and other factors
considered.
(including transfer of funds)
Sec. 8066. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $133,381,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal
Government: <<NOTE: Contracts. Real property.>> Provided further, That
the Secretary of Defense is authorized to enter into and carry out
contracts for the acquisition of real property, construction, personal
services, and operations related to projects carrying out the purposes
of this section: Provided further, That contracts entered into under
the authority of this section may provide for such indemnification as
the Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with applicable
Federal, State, and local law to the maximum extent consistent with the
national security, as determined by the Secretary of Defense.
Sec. 8067. <<NOTE: Applicability.>> Section 8106 of the Department
of Defense Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10
U.S.C. 113 note) shall continue in effect to apply to disbursements that
are made by the Department of Defense in fiscal year 2013.
(including transfer of funds)
Sec. 8068. During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and Maintenance,
Defense-Wide'' may be transferred to the Department of State ``Global
Security Contingency Fund'': Provided, That this transfer authority is
in addition to any other transfer authority available to the Department
of Defense: <<NOTE: Deadline. Notification.>> Provided further, That
the Secretary of Defense shall, not fewer than 30 days prior to making
transfers to the Department of State ``Global Security Contingency
Fund'', notify the congressional defense committees
[[Page 127 STAT. 314]]
in writing with the source of funds and a detailed justification,
execution plan, and timeline for each proposed project.
Sec. 8069. In addition to amounts provided elsewhere in this Act,
$4,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended:
<<NOTE: Determination. Grants. Fisher House Foundation, Inc.>> Provided,
That notwithstanding any other provision of law, that upon the
determination of the Secretary of Defense that it shall serve the
national interest, these funds shall be available only for a grant to
the Fisher House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of military
family members when confronted with the illness or hospitalization of an
eligible military beneficiary.
(including transfer of funds)
Sec. 8070. <<NOTE: Israel.>> Of the amounts appropriated in this
Act under the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'', $479,736,000 shall be
for the Israeli Cooperative Programs: Provided, That of this amount,
$211,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense system
to counter short-range rocket threats, $149,679,000 shall be for the
Short Range Ballistic Missile Defense (SRBMD) program, including cruise
missile defense research and development under the SRBMD program, of
which $39,200,000 shall be for production activities of SRBMD missiles
in the United States and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and procedures,
$74,692,000 shall be available for an upper-tier component to the
Israeli Missile Defense Architecture, and $44,365,000 shall be for the
Arrow System Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That funds made
available under this provision for production of missiles and missile
components may be transferred to appropriations available for the
procurement of weapons and equipment, to be merged with and to be
available for the same time period and the same purposes as the
appropriation to which transferred: Provided further, That the transfer
authority provided under this provision is in addition to any other
transfer authority contained in this Act.
Sec. 8071. (a) None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of U.S.
Navy forces assigned to the Pacific fleet.
(b) None of the funds available to the Department of Defense may be
obligated to modify command and control relationships to give United
States Transportation Command operational and administrative control of
C-130 and KC-135 forces assigned to the Pacific and European Air Force
Commands.
(c) The command and control relationships in subsections (a) and (b)
which existed on March 13, 2011, shall remain in force unless changes
are specifically authorized in a subsequent Act.
(d) This subsection does not apply to administrative control of Navy
Air and Missile Defense Command.
[[Page 127 STAT. 315]]
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $372,573,000 shall be
available until September 30, 2013, to fund prior year shipbuilding cost
increases: Provided, That upon enactment of this Act, the Secretary of
the Navy shall transfer funds to the following appropriations in the
amounts specified: Provided further, That the amounts transferred shall
be merged with and be available for the same purposes as the
appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy,
2007/2013'': LHA Replacement Program $156,685,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy,
2008/2013'': LPD-17 Amphibious Transport Dock Program
$80,888,000; and
(3) Under the heading ``Shipbuilding and Conversion, Navy,
2009/2013'': CVN Refueling Overhauls Program $135,000,000.
Sec. 8073. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2013 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2013.
Sec. 8074. <<NOTE: Notification.>> None of the funds provided in
this Act shall be available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new program, project,
or activity unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8075. <<NOTE: 10 USC 221 note.>> The budget of the President
for fiscal year 2014 submitted to the Congress pursuant to section 1105
of title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed Forces'
participation in contingency operations for the Military Personnel
accounts, the Operation and Maintenance accounts, and the Procurement
accounts: Provided, That these documents shall include a description of
the funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for each
appropriations account: Provided further, That these documents shall
include estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates of the
major weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management
Regulation) for all contingency operations for the budget year and the
two preceding fiscal years.
Sec. 8076. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8077. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby appropriated
to the Department of Defense:
<<NOTE: Determination. Grants.>> Provided, That upon the determination
of the Secretary of Defense that it shall serve the
[[Page 127 STAT. 316]]
national interest, he shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations and $24,000,000
to the Red Cross.
Sec. 8078. <<NOTE: 53rd Weather Reconnaissance Squadron.>> None of
the funds appropriated or made available in this Act shall be used to
reduce or disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve, if such action would reduce the WC-
130 Weather Reconnaissance mission below the levels funded in this Act:
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
Sec. 8079. <<NOTE: Foreign intelligence.>> None of the funds
provided in this Act shall be available for integration of foreign
intelligence information unless the information has been lawfully
collected and processed during the conduct of authorized foreign
intelligence activities: Provided, That information pertaining to
United States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United States
Constitution as implemented through Executive Order No. 12333.
Sec. 8080. (a) <<NOTE: Notification. Deployment.>> At the time
members of reserve components of the Armed Forces are called or ordered
to active duty under section 12302(a) of title 10, United States Code,
each member shall be notified in writing of the expected period during
which the member will be mobilized.
(b) <<NOTE: Waiver authority. Determination.>> The Secretary of
Defense may waive the requirements of subsection (a) in any case in
which the Secretary determines that it is necessary to do so to respond
to a national security emergency or to meet dire operational
requirements of the Armed Forces.
(including transfer of funds)
Sec. 8081. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating necessary
changes resulting from inflation, market fluctuations, or rate
adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided
further, <<NOTE: Deadline. Reports.>> That the Secretary may not
transfer any funds until 30 days after the proposed transfer has been
reported to the Committees on Appropriations of the House of
Representatives and the Senate, unless a response from the Committees is
received sooner: Provided further, That any funds transferred pursuant
to this section shall retain the same period of availability as when
originally appropriated: Provided further, That the transfer authority
provided by this section is in addition to any other transfer authority
contained elsewhere in this Act.
Sec. 8082. For purposes of section 7108 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8083. (a) <<NOTE: Tactical unmanned aerial vehicles.>> None of
the funds appropriated by this Act may be used to transfer research and
development, acquisition,
[[Page 127 STAT. 317]]
or other program authority relating to current tactical unmanned aerial
vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational control
of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to
support the Secretary of Defense in matters relating to the employment
of unmanned aerial vehicles.
Sec. 8084. Up to $15,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of enabling
the Pacific Command to execute Theater Security Cooperation activities
such as humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign security forces:
Provided, That funds made available for this purpose may be used,
notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide assistance to any
foreign country that is otherwise prohibited from receiving such type of
assistance under any other provision of law.
Sec. 8085. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2014.
Sec. 8086. <<NOTE: Applicability.>> For purposes of section 1553(b)
of title 31, United States Code, any subdivision of appropriations made
in this Act under the heading ``Shipbuilding and Conversion, Navy''
shall be considered to be for the same purpose as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in any
prior fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8087. <<NOTE: 50 USC 415a-2 note.>> The Director of National
Intelligence shall include the budget exhibits identified in paragraphs
(1) and (2) as described in the Department of Defense Financial
Management Regulation with the congressional budget justification books:
(1) For procurement programs requesting more than
$10,000,000 in any fiscal year, the P-1, Procurement Program; P-
5, Cost Analysis; P-5a, Procurement History and Planning; P-21,
Production Schedule; and P-40, Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $5,000,000 in any fiscal year, the R-1,
Research, Development, Test and Evaluation Program; R-2,
Research, Development, Test and Evaluation Budget Item
Justification; R-3, Research, Development, Test and Evaluation
Project Cost Analysis; and R-4, Research, Development, Test and
Evaluation Program Schedule Profile.
Sec. 8088. (a) <<NOTE: Deadline. Reports.>> Not later than 60 days
after the date of enactment of this Act, the Director of National
Intelligence shall submit a report to the congressional intelligence
committees to establish the baseline for application of reprogramming
and transfer authorities for fiscal year 2013: Provided, That the
report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
[[Page 127 STAT. 318]]
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> None of the funds provided for the
National Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional intelligence committees, unless the
Director of National Intelligence certifies in writing to the
congressional intelligence committees that such reprogramming or
transfer is necessary as an emergency requirement.
(including transfer of funds)
Sec. 8089. <<NOTE: Notification. Deadlines.>> Of the funds
appropriated in the Intelligence Community Management Account for the
Program Manager for the Information Sharing Environment, $20,000,000 is
available for transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide information
sharing activities: Provided, That funds transferred under this
provision are to be merged with and available for the same purposes and
time period as the appropriation to which transferred: Provided
further, That the Office of Management and Budget must approve any
transfers made under this provision.
Sec. 8090. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 403-1(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of $10,000,000 or
more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period may be
reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence Program
in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 403-1(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period may be
reduced for urgent national security requirements.
Sec. 8091. <<NOTE: Submission. 50 USC 415a-9 note.>> The Director
of National Intelligence shall submit to Congress each year, at or about
the time that the President's budget is submitted to Congress that year
under section 1105(a) of title 31, United States Code, a future-years
intelligence program (including associated annexes) reflecting the
estimated expenditures and proposed appropriations included in that
budget. Any such future-years intelligence program shall cover the
fiscal year with respect to which the budget is submitted and at least
the four succeeding fiscal years.
[[Page 127 STAT. 319]]
Sec. 8092. <<NOTE: Definition.>> For the purposes of this Act, the
term ``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of Representatives, the
Select Committee on Intelligence of the Senate, the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
Sec. 8093. <<NOTE: Reports. Deadlines.>> The Department of Defense
shall continue to report incremental contingency operations costs for
Operation New Dawn and Operation Enduring Freedom, or any other named
operations in the U.S. Central Command area of operation on a monthly
basis in the Cost of War Execution Report as prescribed in the
Department of Defense Financial Management Regulation Department of
Defense Instruction 7000.14, Volume 12, Chapter 23 ``Contingency
Operations'', Annex 1, dated September 2005.
(including transfer of funds)
Sec. 8094. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this Act
for ``Operation and Maintenance, Army'', ``Operation and Maintenance,
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
by the military department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
States Code.
(including transfer of funds)
Sec. 8095. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances to
the Defense Acquisition Workforce Development Fund in accordance with
the requirements of section 1705 of title 10, United States Code.
Sec. 8096. (a) <<NOTE: Web posting. Reports.>> Any agency receiving
funds made available in this Act, shall, subject to subsections (b) and
(c), post on the public Web site of that agency any report required to
be submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the national
interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) <<NOTE: Time period.>> The head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
Sec. 8097. <<NOTE: Contracts.>> (a) None of the funds appropriated
or otherwise made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the contractor
agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention; or
[[Page 127 STAT. 320]]
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) <<NOTE: Certification.>> None of the funds appropriated or
otherwise made available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires each covered
subcontractor to agree not to enter into, and not to take any action to
enforce any provision of, any agreement as described in paragraphs (1)
and (2) of subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For purposes of
this subsection, a ``covered subcontractor'' is an entity that has a
subcontract in excess of $1,000,000 on a contract subject to subsection
(a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or independent
contractors that may not be enforced in a court of the United States.
(d) <<NOTE: Waiver authority. Determination.>> The Secretary of
Defense may waive the application of subsection (a) or (b) to a
particular contractor or subcontractor for the purposes of a particular
contract or subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the term of
the contract or subcontract is not longer than necessary to avoid such
harm. The determination shall set forth with specificity the grounds for
the waiver and for the contract or subcontract term selected, and shall
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. <<NOTE: Public
information. Deadline.>> The Secretary of Defense shall transmit to
Congress, and simultaneously make public, any determination under this
subsection not less than 15 business days before the contract or
subcontract addressed in the determination may be awarded.
Sec. 8098. <<NOTE: ACORN.>> None of the funds made available under
this Act may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
(including transfer of funds)
Sec. 8099. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$139,204,000, shall be available for transfer to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund in accordance with the provisions of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility operations
funded are operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility as
described by
[[Page 127 STAT. 321]]
section 706 of <<NOTE: Notification.>> Public Law 110-417: Provided
further, That additional funds may be transferred from funds
appropriated for operation and maintenance for the Defense Health
Program to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written notification by
the Secretary of Defense to the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 8100. The Office of the Director of National Intelligence
shall not employ more Senior Executive employees than are specified in
the classified annex.
Sec. 8101. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay a retired
general or flag officer to serve as a senior mentor advising the
Department of Defense unless such retired officer files a Standard Form
278 (or successor form concerning public financial disclosure under part
2634 of title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8102. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for the
physical security of personnel or for force protection purposes up to a
limit of $250,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8103. There is hereby established in the Treasury of the
United States the ``Ship Modernization, Operations and Sustainment
Fund''. There is appropriated $2,382,100,000, for the ``Ship
Modernization, Operations and Sustainment Fund'', to remain available
until September 30, 2014: Provided, That the Secretary of the Navy
shall transfer funds from the ``Ship Modernization, Operations and
Sustainment Fund'' to appropriations for military personnel; operation
and maintenance; research, development, test and evaluation; and
procurement, only for the purposes of manning, operating, sustaining,
equipping and modernizing the Ticonderoga-class guided missile cruisers
CG-63, CG-64, CG-65, CG-66, CG-68, CG-69, CG-73, and the Whidbey Island-
class dock landing ships LSD-41 and LSD-46: Provided further, That
funds transferred shall be merged with and be available for the same
purposes and for the same time period as the appropriation to which they
are transferred: Provided further, That the transfer authority provided
herein shall be in addition to any other transfer authority available to
the Department of Defense: <<NOTE: Deadline. Notification.>> Provided
further, That the Secretary of the Navy shall, not less than 30 days
prior to making any transfer from the ``Ship Modernization, Operations
and Sustainment Fund'', notify the congressional defense committees in
writing of the details of such transfer.
Sec. 8104. None of the funds made available by this Act may be used
by the Secretary of Defense to take beneficial occupancy of more than
2,500 parking spaces (other than handicap-reserved spaces) to be
provided by the BRAC 133 project: <<NOTE: Waiver
authority. Certification. Time
periods. Notification. Deadline.>> Provided, That this limitation may be
waived in part if: (1) the Secretary of Defense certifies to Congress
that levels of service at existing intersections in the vicinity of the
project have not experienced failing levels of service as defined by the
Transportation Research Board Highway
[[Page 127 STAT. 322]]
Capacity Manual over a consecutive 90-day period; (2) the Department of
Defense and the Virginia Department of Transportation agree on the
number of additional parking spaces that may be made available to
employees of the facility subject to continued 90-day traffic
monitoring; and (3) the Secretary of Defense notifies the congressional
defense committees in writing at least 14 days prior to exercising this
waiver of the number of additional parking spaces to be made available.
Sec. 8105. <<NOTE: Deadlines. Reports.>> Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense
shall resume quarterly reporting of the numbers of civilian personnel
end strength by appropriation account for each and every appropriation
account used to finance Federal civilian personnel salaries to the
congressional defense committees within 15 days after the end of each
fiscal quarter.
Sec. 8106. None of the funds appropriated in this or any other Act
may be used to plan, prepare for, or otherwise take any action to
undertake or implement the separation of the National Intelligence
Program budget from the Department of Defense budget.
(including transfer of funds)
Sec. 8107. <<NOTE: Determination.>> Upon a determination by the
Director of National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of the Office
of Management and Budget, transfer not to exceed $2,000,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
<<NOTE: Reprogramming request. Deadline.>> Provided further, That a
request for multiple reprogrammings of funds using authority provided in
this section shall be made prior to June 30, 2013.
(including transfer of funds)
Sec. 8108. In addition to amounts provided elsewhere in the Act,
there is appropriated $270,000,000 for an additional amount for
``Operation and Maintenance, Defense-Wide'', to be available until
expended: <<NOTE: Grants. Contracts.>> Provided, That such funds shall
only be available to the Secretary of Defense, acting through the Office
of Economic Adjustment of the Department of Defense, or for transfer to
the Secretary of Education, notwithstanding any other provision of law,
to make grants, conclude cooperative agreements, or supplement other
Federal funds to construct, renovate, repair, or expand elementary and
secondary public schools on military installations in order to address
capacity or facility condition deficiencies at such schools:
<<NOTE: Determination.>> Provided further, That in making such funds
available, the Office of Economic Adjustment or the Secretary of
Education shall give priority consideration to those military
installations with schools having the most serious capacity or facility
condition deficiencies as determined by the Secretary of Defense:
Provided further, That funds may not be made available for a school
unless its enrollment of Department of Defense-connected children is
greater than 50 percent.
[[Page 127 STAT. 323]]
Sec. 8109. <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> None
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer, release, or assist in the transfer or
release to or within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 8110. <<NOTE: Cuba. Certification. Deadline.>> (a)(1) Except as
provided in paragraph (2) and subsection (d), none of the funds
appropriated or otherwise made available in this or any other Act may be
used to transfer any individual detained at Guantanamo to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity unless the Secretary of Defense
submits to Congress the certification described in subsection (b) not
later than 30 days before the transfer of the individual.
(2) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate--
(A) <<NOTE: Notification.>> an order affecting the
disposition of the individual that is issued by a court or
competent tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress of
promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.
(b) <<NOTE: Consultation.>> A certification described in this
subsection is a written certification made by the Secretary of Defense,
with the concurrence of the Secretary of State and in consultation with
the Director of National Intelligence, that--
(1) the government of the foreign country or the recognized
leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(A) is not a designated state sponsor of terrorism
or a designated foreign terrorist organization;
(B) maintains control over each detention facility
in which the individual is to be detained if the
individual is to be housed in a detention facility;
(C) is not, as of the date of the certification,
facing a threat that is likely to substantially affect
its ability to exercise control over the individual;
(D) has taken or agreed to take effective actions to
ensure that the individual cannot take action to
threaten the United States, its citizens, or its allies
in the future;
(E) has taken or agreed to take such actions as the
Secretary of Defense determines are necessary to ensure
that the individual cannot engage or re-engage in any
terrorist activity; and
(F) has agreed to share with the United States any
information that--
(i) is related to the individual or any
associates of the individual; and
(ii) could affect the security of the United
States, its citizens, or its allies; and
(2) includes an assessment, in classified or unclassified
form, of the capacity, willingness, and past practices (if
[[Page 127 STAT. 324]]
applicable) of the foreign country or entity in relation to the
Secretary's certifications.
(c)(1) Except as provided in paragraph (2) and subsection (d), none
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer any individual detained at Guantanamo
to the custody or control of the individual's country of origin, any
other foreign country, or any other foreign entity if there is a
confirmed case of any individual who was detained at United States Naval
Station, Guantanamo Bay, Cuba, at any time after September 11, 2001, who
was transferred to such foreign country or entity and subsequently
engaged in any terrorist activity.
(2) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate--
(A) <<NOTE: Notification.>> an order affecting the
disposition of the individual that is issued by a court or
competent tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress of
promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.
(d)(1) <<NOTE: Waiver authority. Certification. Determination.>> The
Secretary of Defense may waive the applicability to a detainee transfer
of a certification requirement specified in subparagraph (D) or (E) of
subsection (b)(1) or the prohibition in subsection (c), if the Secretary
certifies the rest of the criteria required by subsection (b) for
transfers prohibited by (c) and, with the concurrence of the Secretary
of State and in consultation with the Director of National Intelligence,
determines that--
(A) alternative actions will be taken to address the
underlying purpose of the requirement or requirements to be
waived;
(B) in the case of a waiver of subparagraph (D) or (E) of
subsection (b)(1), it is not possible to certify that the risks
addressed in the paragraph to be waived have been completely
eliminated, but the actions to be taken under subparagraph (A)
will substantially mitigate such risks with regard to the
individual to be transferred;
(C) in the case of a waiver of subsection (c), the Secretary
has considered any confirmed case in which an individual who was
transferred to the country subsequently engaged in terrorist
activity, and the actions to be taken under subparagraph (A)
will substantially mitigate the risk of recidivism with regard
to the individual to be transferred; and
(D) the transfer is in the national security interests of
the United States.
(2) <<NOTE: Deadline. Submissions.>> Whenever the Secretary makes a
determination under paragraph (1), the Secretary shall submit to the
appropriate committees of Congress, not later than 30 days before the
transfer of the individual concerned, the following:
(A) A copy of the determination and the waiver concerned.
(B) A statement of the basis for the determination,
including--
(i) an explanation why the transfer is in the
national security interests of the United States; and
(ii) in the case of a waiver of subparagraph (D) or
(E) of subsection (b)(1), an explanation why it is not
possible to certify that the risks addressed in the
subparagraph to be waived have been completely
eliminated.
[[Page 127 STAT. 325]]
(C) A summary of the alternative actions to be taken to
address the underlying purpose of, and to mitigate the risks
addressed in, the subparagraph or subsection to be waived.
(D) The assessment required by subsection (b)(2).
(e) <<NOTE: Definitions.>> In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The term ``individual detained at Guantanamo'' means any
individual located at United States Naval Station, Guantanamo
Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of the
Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(3) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
Sec. 8111. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire, or
modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8112. <<NOTE: Corporations. Tax
liability. Determination.>> None of the funds made available by this Act
may be 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, where the awarding agency
is aware of the unpaid tax liability, unless the agency has considered
suspension or debarment of the corporation and made a determination that
this further action is not necessary to protect the interests of the
Government.
[[Page 127 STAT. 326]]
Sec. 8113. <<NOTE: Corporations. Criminal
violation. Determination.>> None of the funds made available by this Act
may be 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, where
the awarding agency is aware of the conviction, unless the agency has
considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 8114. None of the funds made available by this Act may be used
in contravention of section 1590 or 1591 of title 18, United States
Code, or in contravention of the requirements of section 106(g) or (h)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g) or
(h)).
Sec. 8115. <<NOTE: Country listing. Child soldiers.>> None of the
funds made available by this Act for International Military education
and training, foreign military financing, excess defense article,
assistance under section 1206 of the National Defense Authorization Act
for Fiscal year 2006 (Public Law 109-163; 119 Stat. 3456) issuance for
direct commercial sales of military equipment, or peacekeeping
operations for the countries of Chad, Yemen, Somalia, Sudan, the
Democratic Republic of the Congo, and Burma may be used to support any
military training or operation that include child soldiers, as defined
by the Child Soldiers Prevention Act of 2008, and except if such
assistance is otherwise permitted under section 404 of the Child
Soldiers Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1).
Sec. 8116. None of the funds made available by this Act may be used
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
Sec. 8117. None of the funds made available by this Act may be used
to retire, divest, realign, or transfer Air Force aircraft, to
disestablish or convert units associated with such aircraft, or to
disestablish or convert any other unit of the Air National Guard or Air
Force Reserve: Provided, That this section shall not apply to actions
affecting C-5, C-17, or E-8 aircraft, or the units associated with
such <<NOTE: Extension date.>> aircraft: Provided further, That this
section shall continue in effect through the date of enactment of an Act
authorizing appropriations for fiscal year 2013 for military activities
of the Department of Defense.
Sec. 8118. The Secretary of the Air Force shall obligate and expend
funds previously appropriated for the procurement of RQ-4B Global Hawk
and C-27J Spartan aircraft for the purposes for which such funds were
originally appropriated.
Sec. 8119. It is the Sense of the Senate that the next available
capital warship of the U.S. Navy be named the USS Ted Stevens to
recognize the public service achievements, military service sacrifice,
and undaunted heroism and courage of the long-serving United States
Senator for Alaska.
Sec. 8120. None of the funds made available by this Act shall be
used to retire C-23 Sherpa aircraft.
Sec. 8121. The total amount available in the Act for pay for
civilian personnel of the Department of Defense for fiscal year 2013
shall be the amount otherwise appropriated or made available by this Act
for such pay reduced by $72,718,000.
Sec. 8122. <<NOTE: Contracts.>> None of the funds made available by
this Act may be used to enter into a contract for UH-60 Leak Proof Drip
Pans
[[Page 127 STAT. 327]]
using procedures other than competitive procedures (as defined in
section 2302(2) of title 10, United States Code).
Sec. 8123. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used by the Department of
Defense or a component thereof in contravention of section 1244 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1646; 22 U.S.C. 5952 note) or any provision of an Act
authorizing appropriations for the Department of Defense for fiscal year
2013 relating to sharing classified ballistic missile defense
information with Russia.
Sec. 8124. None of the Operation and Maintenance funds made
available in this Act may be used in contravention of section 41106 of
title 49, United States Code.
Sec. 8125. None of the funds made available by this Act may be used
by the Department of Defense or any other Federal agency to lease or
purchase new light duty vehicles, for any executive fleet, or for an
agency's fleet inventory, except in accordance with Presidential
Memorandum-Federal Fleet Performance, dated May 24, 2011.
Sec. 8126. None of the funds made available by this Act may be used
to enter into a contract with any person or other entity listed in the
Excluded Parties List System (EPLS)/System for Award Management (SAM) as
having been convicted of fraud against the Federal Government.
Sec. 8127. <<NOTE: Rosoboronexport.>> None of the funds made
available by this Act for the Department of Defense may be 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
Rosoboronexport: <<NOTE: Waiver. Certification.>> Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8128. None of the funds made available by this Act may be used
by the Secretary of Defense to implement an enrollment fee for the
TRICARE for Life program under chapter 55 of title 10, United States
Code, that does not exist as of the date of the enactment of this Act.
Sec. 8129. (a) Requirement To Continue Provision of Tuition
Assistance for Members of the Armed Forces.--The Secretaries of the
military departments shall carry out tuition assistance programs for
members of the Armed Forces during the remainder of fiscal year 2013
using amounts specified in subsection (b).
(b) Amounts.--The minimum amount used by the Secretary of a military
department for tuition assistance for members of an Armed Force under
the jurisdiction of that Secretary pursuant to subsection (a) shall be
not less than--
(1) the amount appropriated or otherwise made available by
this Act for tuition assistance programs for members of that
Armed Force, minus
(2) an amount that is not more than the percentage of the
reduction required to the Operation and Maintenance account for
that Armed Force for fiscal year 2013 by the budget sequester
required by section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985.
[[Page 127 STAT. 328]]
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$9,790,082,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$774,225,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$1,425,156,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,286,783,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$156,893,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$39,335,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$24,722,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War
[[Page 127 STAT. 329]]
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$25,348,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$583,804,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $10,473,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$28,452,018,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$5,839,934,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $4,116,340,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $9,249,736,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/
[[Page 127 STAT. 330]]
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,714,079,000: Provided, That of the funds provided under this
heading, not to exceed $1,650,000,000, to remain available until
September 30, 2014, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military operations in support of Operation
Enduring Freedom, and post-operation Iraq border security related to the
activities of the Office of Security Cooperation in Iraq,
notwithstanding any other provision of law: Provided
further, <<NOTE: Consultation. Determination. Time
period. Notification.>> That such reimbursement payments may be made in
such amounts as the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of the Office
of Management and Budget, may determine, in his discretion, based on
documentation determined by the Secretary of Defense to adequately
account for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States, and 15
days following notification to the appropriate congressional committees:
Provided further, That the requirement under this heading to provide
notification to the appropriate congressional committees shall not apply
with respect to a reimbursement for access based on an international
agreement: Provided further, <<NOTE: Notification. Time period.>> That
these funds may be used for the purpose of providing specialized
training and procuring supplies and specialized equipment and providing
such supplies and loaning such equipment on a non-reimbursable basis to
coalition forces supporting United States military operations in
Afghanistan, and 15 days following notification to the appropriate
congressional committees: Provided
further, <<NOTE: Deadlines. Reports.>> That the Secretary of Defense
shall provide quarterly reports to the congressional defense committees
on the use of funds provided in this paragraph: Provided further, That
such amount in this section is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $157,887,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $55,924,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 127 STAT. 331]]
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $25,477,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $60,618,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $392,448,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $34,500,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
In addition to amounts provided elsewhere in this Act, there is
appropriated $582,884,000 for the ``Overseas Contingency Operations
Transfer Fund'' for expenses directly relating to overseas contingency
operations by United States military forces, to be available until
expended: Provided, That of the funds made available in this section,
the Secretary of Defense may transfer these funds only to military
personnel accounts, operation and maintenance accounts, procurement
accounts, and working capital fund accounts: Provided further, That the
funds made available in this paragraph may only be used for programs,
projects, or activities categorized as Overseas Contingency Operations
in the fiscal year 2013 budget request for the Department of Defense and
the justification material and other documentation supporting such
request: Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the same time
period, as the appropriation to which
transferred: <<NOTE: Notification. Deadline.>> Provided further, That
the Secretary shall notify the congressional defense committees 15 days
prior to such transfer: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority available to the Department of
Defense: <<NOTE: Determination.>> Provided further, That upon a
determination that all or part of the funds
[[Page 127 STAT. 332]]
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation and shall be available for the same purposes and for the
same time period as originally appropriated: Provided further, That
such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Infrastructure Fund
(including transfer of funds)
For the ``Afghanistan Infrastructure Fund'', $325,000,000, to remain
available until September 30, 2014: Provided, That such funds shall be
available to the Secretary of Defense for infrastructure projects in
Afghanistan, notwithstanding any other provision of law, which shall be
undertaken by the Secretary of State, unless the Secretary of State and
the Secretary of Defense jointly decide that a specific project will be
undertaken by the Department of Defense: Provided further, That the
infrastructure referred to in the preceding proviso is in support of the
counterinsurgency strategy, which may require funding for facility and
infrastructure projects, including, but not limited to, water, power,
and transportation projects and related maintenance and sustainment
costs: Provided further, That the authority to undertake such
infrastructure projects is in addition to any other authority to provide
assistance to foreign nations: Provided further, That any projects
funded under this heading shall be jointly formulated and concurred in
by the Secretary of State and Secretary of Defense: Provided further,
That funds may be transferred to the Department of State for purposes of
undertaking projects, which funds shall be considered to be economic
assistance under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in that Act:
Provided further, That the transfer authority in the preceding proviso
is in addition to any other authority available to the Department of
Defense to transfer funds: Provided
further, <<NOTE: Determination.>> That any unexpended funds transferred
to the Secretary of State under this authority shall be returned to the
Afghanistan Infrastructure Fund if the Secretary of State, in
coordination with the Secretary of Defense, determines that the project
cannot be implemented for any reason, or that the project no longer
supports the counterinsurgency strategy in Afghanistan: Provided
further, That any funds returned to the Secretary of Defense under the
previous proviso shall be available for use under this appropriation and
shall be treated in the same manner as funds not transferred to the
Secretary of State: Provided further, That contributions of funds for
the purposes provided herein to the Secretary of State in accordance
with section 635(d) of the Foreign Assistance Act from any person,
foreign government, or international organization may be credited to
this Fund, to remain available until expended, and used for such
purposes: <<NOTE: Deadline. Notification.>> Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to making
transfers to or from, or obligations from the Fund, notify the
appropriate committees of Congress in writing of the details of any such
transfer: Provided further, That the ``appropriate committees of
Congress'' are the Committees on Armed
[[Page 127 STAT. 333]]
Services, Foreign Relations and Appropriations of the Senate and the
Committees on Armed Services, Foreign Affairs and Appropriations of the
House of Representatives: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $5,124,167,000, to
remain available until September 30, 2014: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the provision
of equipment, supplies, services, training, facility and infrastructure
repair, renovation, and construction, and funding: Provided further,
That the authority to provide assistance under this heading is in
addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the purposes
provided herein from any person, foreign government, or international
organization may be credited to this Fund, to remain available until
expended, and used for such purposes: <<NOTE: Notification.>> Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation
of any contribution, delineating the sources and amounts of the funds
received and the specific use of such
contributions: <<NOTE: Deadline. Notification.>> Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the congressional
defense committees in writing of the details of any such
obligation: <<NOTE: Notification.>> Provided further, That the
Secretary of Defense shall notify the congressional defense committees
of any proposed new projects or transfer of funds between budget sub-
activity groups in excess of $20,000,000: Provided further, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$550,700,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$67,951,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas
[[Page 127 STAT. 334]]
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $15,422,000, to remain available until
September 30, 2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$338,493,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,740,157,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$215,698,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$22,500,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $283,059,000, to remain available until September 30,
2015: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page 127 STAT. 335]]
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$98,882,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$822,054,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$305,600,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$34,350,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $116,203,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,680,270,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$188,099,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas
[[Page 127 STAT. 336]]
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons and other procurement for the reserve
components of the Armed Forces, $1,500,000,000, to remain available for
obligation until September 30, 2015: <<NOTE: Deadline. Assessment.>>
Provided, That the Chiefs of National Guard and Reserve components
shall, not later than 30 days after the enactment of this Act,
individually submit to the congressional defense committees the
modernization priority assessment for their respective National Guard or
Reserve component: Provided further, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $29,660,000, to remain available until September 30,
2014: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $52,519,000, to remain available until September 30,
2014: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $53,150,000, to remain available until
September 30, 2014: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $112,387,000, to remain available until
September 30, 2014: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 127 STAT. 337]]
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$243,600,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$993,898,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $469,025,000, to remain available until September
30, 2014: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$1,622,614,000, to remain available until September 30, 2015: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of
Defense: <<NOTE: Deadline. Notification.>> Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to making
transfers from this appropriation, notify the congressional defense
committees in writing of the details of any such transfer: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
[[Page 127 STAT. 338]]
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,766,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2013.
(including transfer of funds)
Sec. 9002. Upon <<NOTE: Determination.>> the determination of the
Secretary of Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office of
Management and Budget, transfer up to $3,500,000,000 between the
appropriations or funds made available to the Department of Defense in
this <<NOTE: Notification.>> title: Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to the
authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in the Department of Defense
Appropriations Act, 2013.
Sec. 9003. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance, ``Afghanistan Infrastructure Fund'', or the
``Afghanistan Security Forces Fund'' provided in this Act and executed
in direct support of overseas contingency operations in Afghanistan, may
be obligated at the time a construction contract is awarded: Provided,
That for the purpose of this section, supervision and administration
costs include all in-house Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the U.S. Central Command area of
responsibility: (a) passenger motor vehicles up to a limit of $75,000
per vehicle; and (b) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$250,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not <<NOTE: Deadlines.>> to exceed $200,000,000 of the
amount appropriated in this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other provision of
law, to fund the Commander's Emergency Response Program (CERP), for the
purpose of enabling military commanders in Afghanistan to respond to
urgent, small-scale, humanitarian relief and reconstruction requirements
within their areas of responsibility: Provided, That each project
(including any ancillary or related elements in connection with such
project) executed under this authority shall not exceed $20,000,000:
Provided <<NOTE: Reports.>> further, That not later than 45 days after
the end of each fiscal year quarter, the
[[Page 127 STAT. 339]]
Secretary of Defense shall submit to the congressional defense
committees a report regarding the source of funds and the allocation and
use of funds during that quarter that were made available pursuant to
the authority provided in this section or under any other provision of
law for the purposes described <<NOTE: Data Submmissions.>> herein:
Provided further, That, not later than 30 days after the end of each
month, the Army shall submit to the congressional defense committees
monthly commitment, obligation, and expenditure data for the Commander's
Emergency Response Program
in <<NOTE: Deadline. Notification.>> Afghanistan: Provided further,
That not less than 15 days before making funds available pursuant to the
authority provided in this section or under any other provision of law
for the purposes described herein for a project with a total anticipated
cost for completion of $5,000,000 or more, the Secretary shall submit to
the congressional defense committees a written notice containing each of
the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones, and
completion date for the proposed project, including any other
CERP funding that has been or is anticipated to be contributed
to the completion of the project.
(3) A <<NOTE: Plans.>> plan for the sustainment of the
proposed project, including the agreement with either the host
nation, a non-Department of Defense agency of the United States
Government or a third-party contributor to finance the
sustainment of the activities and maintenance of any equipment
or facilities to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to coalition
forces supporting military and stability operations in Afghanistan:
Provided, That <<NOTE: Deadlines. Reports.>> the Secretary of Defense
shall provide quarterly reports to the congressional defense committees
regarding support provided under this section.
Sec. 9007. None <<NOTE: Iraq. Afghanistan.>> of the funds
appropriated or otherwise made available by this or any other Act shall
be obligated or expended by the United States Government for a purpose
as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
[[Page 127 STAT. 340]]
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-standard
equipment requirements in excess of $100,000,000 using ASFF: Provided
further, That the AROC must approve all projects and the execution plan
under the ``Afghanistan Infrastructure Fund'' (AIF) and any project in
excess of $5,000,000 from the Commanders Emergency Response Program
(CERP): Provided further, That <<NOTE: Certification.>> the Department
of Defense must certify to the congressional defense committees that the
AROC has convened and approved a process for ensuring compliance with
the requirements in the preceding provisos and accompanying report
language for the ASFF, AIF, and CERP.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, <<NOTE: Determination.>> upon determination by the Secretary of
Defense that such action is necessary to meet the operational
requirements of a Commander of a Combatant Command engaged in
contingency operations overseas, such funds may be used to purchase
items having an investment item unit cost of not more than $500,000.
Sec. 9011. Notwithstanding any other provision of law, up to
$93,000,000 of funds made available in this title under the heading
``Operation and Maintenance, Army'' may be obligated and expended for
purposes of the Task Force for Business and Stability Operations,
subject to the direction and control of the Secretary of Defense, with
concurrence of the Secretary of State, to carry out strategic business
and economic assistance activities in Afghanistan in support of
Operation Enduring <<NOTE: Deadline. Notification.>> Freedom:
Provided, That not less than 15 days before making funds available
pursuant to the authority provided in this section for any project with
a total anticipated cost of $5,000,000 or more, the Secretary shall
submit to the congressional defense committees a written notice
containing a detailed justification and timeline for each proposed
project.
Sec. 9012. From funds made available to the Department of Defense
in this title under the heading ``Operation and Maintenance, Air Force''
up to $508,000,000 may be used by the Secretary of Defense,
notwithstanding any other provision of law, to support United States
Government transition activities in Iraq by funding the operations and
activities of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and personal
security, and facilities renovation and construction: Provided, That to
the extent authorized under the National Defense Authorization Act for
Fiscal Year 2013, the operations and activities that may be carried out
by the Office of Security Cooperation in Iraq may, with the concurrence
of the
[[Page 127 STAT. 341]]
Secretary of State, include non-operational training activities in
support of Iraqi Ministry of Defense and Counter Terrorism Service
personnel in an institutional environment to address capability gaps,
integrate processes relating to intelligence, air sovereignty, combined
arms, logistics and maintenance, and to manage and integrate defense-
related <<NOTE: Deadline. Plans.>> institutions: Provided further, That
not later than 30 days following the enactment of this Act, the
Secretary of Defense and the Secretary of State shall submit to the
congressional defense committees a plan for transitioning any such
training activities that they determine are needed after the end of
fiscal year 2013, to existing or new contracts for the sale of defense
articles or defense services consistent with the provisions of the Arms
Export Control Act (22 U.S.C. 2751 <<NOTE: Deadline. Notification.>> et
seq.): Provided further, That not less than 15 days before making funds
available pursuant to the authority provided in this section, the
Secretary of Defense shall submit to the congressional defense
committees a written notification containing a detailed justification
and timeline for the operations and activities of the Office of Security
Cooperation in Iraq at each site where such operations and activities
will be conducted during fiscal year 2013.
(rescissions)
Sec. 9013. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985:
``Retroactive Stop Loss Special Pay Program, 2009/XXXX'',
$127,200,000;
``Afghanistan Security Forces Fund, 2012/2013'',
$1,000,000,000;
``Other Procurement, Army, 2012/2014'', $207,600,000;
``Procurement of Ammunition, Navy and Marine Corps, 2012/
2014'', $32,176,000;
``Procurement, Marine Corps, 2012/2014'', $2,776,000;
``Mine Resistant Ambush Protected Vehicle Fund, 2012/2013'',
$400,000,000;
``Research, Development, Test and Evaluation, Air Force,
2012/2013'', $50,000,000;
``Joint Improvised Explosive Device Defeat Fund, 2012/
2014'', $40,300,000.
Sec. 9014. (a) <<NOTE: Pakistan. Certification.>> None of the funds
appropriated or otherwise made available by this Act under the heading
``Operation and Maintenance, Defense-Wide'' for payments under section
1233 of Public Law 110-181 for reimbursement to the Government of
Pakistan may be made available unless the Secretary of Defense, in
coordination with the Secretary of State, certifies to the Committees on
Appropriations that the Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other
domestic and foreign terrorist organizations, including taking
steps to end support for such groups and prevent them from
[[Page 127 STAT. 342]]
basing and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture of
IEDs;
(4) preventing the proliferation of nuclear-related material
and expertise;
(5) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(6) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The <<NOTE: Waiver authority.>> Secretary of Defense, in
coordination with the Secretary of State, may waive the restriction in
paragraph (a) on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest
to <<NOTE: Reports.>> do so: Provided, That if the Secretary of
Defense, in coordination with the Secretary of State, exercises the
authority of the previous proviso, the Secretaries shall report to the
Committees on Appropriations on both the justification for the waiver
and on the requirements of this section that the Government of Pakistan
was not able to meet: Provided further, That such report may be
submitted in classified form if necessary.
This division may be cited as the ``Department of Defense
Appropriations Act, 2013''.
DIVISION D <<NOTE: Department of Homeland Security Appropriations Act,
2013.>> --DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of Homeland
Security for the fiscal year ending September 30, 2013, and for other
purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Departmental Operations
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $130,000,000: Provided, That
not to exceed $45,000 shall be for official reception and representation
expenses: Provided further, That all official costs associated with the
use of government aircraft by Department of Homeland Security personnel
to support official travel of the Secretary and the Deputy Secretary
shall be paid
[[Page 127 STAT. 343]]
from amounts made available for the Immediate Office of the Secretary
and the Immediate Office of the Deputy <<NOTE: Deadline. Expenditure
plan.>> Secretary: Provided further, That the Secretary shall submit to
the Committees on Appropriations of the Senate and the House of
Representatives, not later than 90 days after the date of enactment of
this Act, expenditure plans for the Office of Policy, the Office for
Intergovernmental Affairs, the Office for Civil Rights and Civil
Liberties, the Citizenship and Immigration Services Ombudsman, and the
Privacy Officer.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $218,511,000, of which
not to exceed $2,250 shall be for official reception and representation
expenses: Provided, That of the total amount made available under this
heading, $5,448,000 shall remain available until September 30, 2017,
solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department
headquarters operations at the Nebraska Avenue Complex; and $9,680,000
shall remain available until September 30, 2015, for the Human Resources
Information Technology program: Provided further,
That <<NOTE: Reports. Deadline.>> the Under Secretary for Management
shall, pursuant to the requirements contained in House Report 112-331,
submit to the Committees on Appropriations of the Senate and the House
of Representatives with the President's budget proposal for fiscal year
2014, submitted pursuant to the requirements of section 1105(a) of title
31, United States Code, a Comprehensive Acquisition Status Report, which
shall include the information required under the heading ``Office of the
Under Secretary for Management'' under title I of division D of the
Consolidated Appropriations Act, 2012 (Public Law 112-74), and quarterly
updates to such report not later than 45 days after the completion of
each quarter.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
as authorized by section 103 of the Homeland Security Act of 2002 (6
U.S.C. 113), $51,500,000, of which $5,000,000 shall remain available
until September 30, 2014, for financial systems modernization efforts.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$243,732,000; of which $118,000,000 shall be available for salaries and
expenses; and of which $125,732,000, to remain available until September
30, 2015, shall be available for development and acquisition of
information technology equipment, software, services, and related
activities for the Department of Homeland Security: Provided,
That <<NOTE: Deadline. Plans.>> the Department of Homeland Security
Chief Information Officer shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the
time that the President's budget is submitted each year under section
[[Page 127 STAT. 344]]
1105(a) of title 31, United States Code, a multi-year investment and
management plan, to include each of fiscal years 2013 through 2016, for
all information technology acquisition projects funded under this
heading or funded by multiple components of the Department of Homeland
Security through reimbursable agreements, that includes--
(1) the proposed appropriations included for each project
and activity tied to mission requirements, program management
capabilities, performance levels, and specific capabilities and
services to be delivered;
(2) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations, and
new capabilities that are proposed in such budget or underway;
(3) a detailed accounting of operations and maintenance and
contractor services costs; and
(4) a current acquisition program baseline for each project,
that--
(A) notes and explains any deviations in cost,
performance parameters, schedule, or estimated date of
completion from the original acquisition program
baseline;
(B) aligns the acquisition programs covered by the
baseline to mission requirements by defining existing
capabilities, identifying known capability gaps between
such existing capabilities and stated mission
requirements, and explaining how each increment will
address such known capability gaps; and
(C) defines life-cycle costs for such programs.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $322,280,000; of which not
to exceed $3,825 shall be for official reception and representation
expenses; and of which $94,359,000 shall remain available until
September 30, 2014.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $121,164,000, of which not to exceed $300,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and
[[Page 127 STAT. 345]]
transportation of unaccompanied minor aliens; purchase and lease of up
to 7,500 (6,500 for replacement only) police-type vehicles; and
contracting with individuals for personal services abroad;
$8,293,351,000; of which $3,274,000 shall be derived from the Harbor
Maintenance Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
(6 U.S.C. 551(e)(1)); of which not to exceed $34,425 shall be for
official reception and representation expenses; of which such sums as
become available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account;
of which not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations; and of which
not to exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security: Provided, That for fiscal year 2013,
the overtime limitation prescribed in section 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated by this Act shall be available to compensate any employee
of U.S. Customs and Border Protection for overtime, from whatever
source, in an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or the designee
of the Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration emergencies:
Provided further, That the Border Patrol shall maintain an active duty
presence of not less than 21,370 full-time equivalent agents protecting
the borders of the United States in the fiscal year.
automation modernization
For necessary expenses for U.S. Customs and Border Protection for
operation and improvement of automated systems, including salaries and
expenses, $719,866,000; of which $325,526,000 shall remain available
until September 30, 2015; and of which not less than $138,794,000 shall
be for the development of the Automated Commercial Environment.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure, and
technology, $324,099,000, to remain available until September 30, 2015.
air and marine operations
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, and
other related equipment of the air and marine program, including
salaries and expenses and operational training and mission-related
travel, the operations of which include the following: the interdiction
of narcotics and other goods; the provision of support to Federal,
State, and local agencies in the enforcement or administration of laws
enforced by the Department of Homeland
[[Page 127 STAT. 346]]
Security; and, at the discretion of the Secretary of Homeland Security,
the provision of assistance to Federal, State, and local agencies in
other law enforcement and emergency humanitarian efforts; $799,006,000;
of which $283,570,000 shall be available for salaries and expenses; and
of which $515,436,000 shall remain available
until <<NOTE: Notification.>> September 30, 2015: Provided, That no
aircraft or other related equipment, with the exception of aircraft that
are one of a kind and have been identified as excess to U.S. Customs and
Border Protection requirements and aircraft that have been damaged
beyond repair, shall be transferred to any other Federal agency,
department, or office outside of the Department of Homeland Security
during fiscal year 2013 without prior notice to the Committees on
Appropriations of the Senate and the House of Representatives: Provided
further, That the Secretary of <<NOTE: Reports. Deadline.>> Homeland
Security shall report to the Committees on Appropriations of the Senate
and the House of Representatives, not later than 90 days after the date
of enactment of this Act, on any changes to the 5-year strategic plan
for the air and marine program required under this heading in Public Law
112-74.
construction and facilities management
For necessary expenses to plan, acquire, construct, renovate, equip,
furnish, operate, manage, and maintain buildings, facilities, and
related infrastructure necessary for the administration and enforcement
of the laws relating to customs, immigration, and border security,
$233,563,000, to remain available until September 30, 2017: Provided,
That the <<NOTE: Deadline. Inventory. Plans.>> Commissioner of U.S.
Customs and Border Protection shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the
time that the President's budget proposal is submitted pursuant to the
requirements of section 1105(a) of title 31, United States Code, an
inventory of the real property of U.S. Customs and Border Protection and
a plan for each activity and project proposed for funding under this
heading that includes the full cost by fiscal year of each activity and
project proposed and underway in fiscal year 2014.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations, including overseas
vetted units operations; and purchase and lease of up to 3,790 (2,350
for replacement only) police-type vehicles; $5,394,402,000; of which not
to exceed $10,000,000 shall be available until expended for conducting
special operations under section 3131 of the Customs Enforcement Act of
1986 (19 U.S.C. 2081); of which not to exceed $11,475 shall be for
official reception and representation expenses; of which not to exceed
$2,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security; of which not less than $305,000 shall be for promotion of
public awareness of the child pornography tipline and activities to
counter child exploitation; of which not less than $5,400,000 shall be
used to facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)); and of which
[[Page 127 STAT. 347]]
not to exceed $11,216,000 shall be available to fund or reimburse other
Federal agencies for the costs associated with the care, maintenance,
and repatriation of smuggled aliens unlawfully present in
the <<NOTE: Waiver authority.>> United States: Provided, That none of
the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the designee
of the Secretary, may waive that amount as necessary for national
security purposes and in cases of immigration emergencies: Provided
further, That of the total amount provided, $15,770,000 shall be for
activities to enforce laws against forced child labor, of which not to
exceed $6,000,000 shall remain available until expended: Provided
further, That of the total amount available, not less than
$1,600,000,000 shall be available to identify aliens convicted of a
crime who may be deportable, and to remove them from the United States
once they are judged deportable, of which $138,249,000 shall be for
completion of Secure Communities deployment: Provided further, That the
Assistant <<NOTE: Reports. Deadlines.>> Secretary of Homeland Security
for U.S. Immigration and Customs Enforcement shall report to the
Committees on Appropriations of the Senate and the House of
Representatives, not later than 45 days after the end of each quarter of
the fiscal year, on progress in implementing the preceding proviso and
the funds obligated during that quarter to make <<NOTE: Aliens.>> such
progress: Provided further, That the Secretary of Homeland Security
shall prioritize the identification and removal of aliens convicted of a
crime by the severity of <<NOTE: Detention beds.>> that crime:
Provided further, That funding made available under this heading shall
maintain a level of not less than 34,000 detention beds through
September 30, 2013: Provided further, That of the total amount
provided, not less than $2,753,610,000 is for detention and removal
operations, including transportation of unaccompanied minor aliens:
Provided further, That of the total amount provided, $10,300,000 shall
remain available until September 30, 2014, for the Visa Security
Program: Provided further, That not less than $10,000,000 shall be
available for investigation of intellectual property rights violations,
including operation of the National Intellectual Property Rights
Coordination <<NOTE: Determination.>> Center: Provided further, That
none of the funds provided under this heading may be used to continue a
delegation of law enforcement authority authorized under section 287(g)
of the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines that the
terms of the agreement governing the delegation of authority
have <<NOTE: Contracts.>> been violated: Provided further, That none of
the funds provided under this heading may be used to continue any
contract for the provision of detention services if the two most recent
overall performance evaluations received by the contracted facility are
less than ``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That nothing under
this heading shall prevent U.S. Immigration and Customs Enforcement from
exercising those authorities provided under immigration laws (as defined
in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) during priority operations pertaining to aliens convicted
of a crime.
[[Page 127 STAT. 348]]
automation modernization
(including transfer of funds)
For expenses of immigration and customs enforcement automated
systems, $33,500,000, to remain available until September 30, 2015:
Provided, That of the total amount provided, up to $1,000,000 may be
transferred to the Department of Justice Executive Office of Immigration
Review to improve case management and electronic communication with U.S.
Immigration and Customs Enforcement: Provided further, That
no <<NOTE: Deadline. Notification.>> transfer described in the previous
proviso shall occur until 15 days after the Committees on Appropriations
of the Senate and the House of Representatives are notified of such
transfer.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration, $5,000,000,
to remain available until September 30, 2016.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security Administration
related to providing civil aviation security services pursuant to the
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat.
597; 49 U.S.C. 40101 note), $5,052,620,000, to remain available until
September 30, 2014, of which not to exceed $7,650 shall be for official
reception and <<NOTE: Explosives detection systems.>> representation
expenses: Provided, That of the total amount made available under this
heading, not to exceed $3,975,517,000 shall be for screening operations,
of which $408,930,000 shall be available for explosives detection
systems; $115,204,000 shall be for checkpoint support; and not to exceed
$1,077,103,000 shall be for aviation security direction and enforcement:
Provided further, That of the amount made available in the preceding
proviso for explosives detection systems, $99,930,000 shall be available
for the purchase and installation of these systems: Provided further,
That any award to deploy explosives detection systems shall be based on
risk, the airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness: Provided further,
That <<NOTE: Fees.>> security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2013 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $2,982,620,000: Provided
further, That any security service fees collected in excess of the
amount made available under this heading shall become available during
fiscal year 2014: Provided further, That notwithstanding section 44923
of title 49, United States Code, for fiscal year 2013, any funds in the
Aviation Security Capital Fund established by section 44923(h) of title
49,
[[Page 127 STAT. 349]]
United States Code, may be used for the procurement and installation of
explosives detection systems or for the issuance of other transaction
agreements for the purpose of funding projects described in section
44923(a) of such title: Provided further, That none of the funds made
available in this Act may be used for any recruiting or hiring of
personnel into the Transportation Security Administration that would
cause the agency to exceed a staffing level of 46,000 full-time
equivalent screeners: Provided further, That the preceding proviso
shall not apply to personnel hired as part-time employees: Provided
further, That <<NOTE: Deadline. Reports.>> not later than 90 days after
the date of enactment of this Act, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a detailed report on--
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective security
of passengers and baggage at the lowest possible operating and
acquisition costs;
(2) how the Transportation Security Administration is
deploying its existing passenger and baggage screener workforce
in the most cost effective manner; and
(3) labor savings from the deployment of improved
technologies for passenger and baggage screening and how those
savings are being used to offset security costs or reinvested to
address security vulnerabilities:
Provided further, That
the <<NOTE: Deadline. Procedures. Determination. Notification. 49 USC
44903 note.>> Administrator of the Transportation Security
Administration shall, within 270 days of the date of enactment of this
Act, establish procedures allowing members of cabin flight crews of air
carriers to participate in the Known Crewmember pilot program, unless
the Administrator determines that meeting the requirement within this
timeline is not practicable and informs the Committees on Appropriations
of the Senate and House of Representatives of the basis for that
determination and the new timeline for implementing the requirement:
Provided further, That Members of the United States House of
Representatives and United States Senate, including the leadership; the
heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
surface transportation security
For necessary expenses of the Transportation Security Administration
related to surface transportation security activities, $124,418,000, to
remain available until September 30, 2014.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation of
screening programs of the Office of Transportation Threat Assessment and
Credentialing, $192,424,000, to remain available until September 30,
2014.
[[Page 127 STAT. 350]]
transportation security support
For necessary expenses of the Transportation Security Administration
related to transportation security support and intelligence pursuant to
the Aviation and Transportation Security Act (Public Law 107-71; 115
Stat. 597; 49 U.S.C. 40101 note), $954,277,000, to remain available
until <<NOTE: Expenditure plans.>> September 30, 2014: Provided, That
of the funds appropriated under this heading, $20,000,000 may not be
obligated for headquarters administration until the Administrator of the
Transportation Security Administration submits to the Committees on
Appropriations of the Senate and the House of Representatives detailed
expenditure plans for air cargo security, checkpoint support, and
explosives detection systems refurbishment, procurement, and
installations on an airport-by-airport basis for fiscal year 2013:
<<NOTE: Deadline.>> Provided further, That these plans shall be
submitted not later than 60 days after the date of enactment of this
Act.
federal air marshals
For necessary expenses of the Federal Air Marshal Service,
$907,757,000: Provided, That the <<NOTE: Deadline. Plans.>> Director of
the Federal Air Marshal Service shall submit to the Committees on
Appropriations of the Senate and the House of Representatives not later
than 45 days after the date of enactment of this Act a detailed,
classified expenditure and staffing plan for ensuring optimal coverage
of high risk flights.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement only;
purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase or lease of boats necessary for overseas deployments and
activities; minor shore construction projects not exceeding $1,000,000
in total cost on any location; payments pursuant to section 156 of
Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation
and welfare; $7,074,782,000; of which $594,000,000 shall be for defense-
related activities, of which $254,000,000 is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985; of which $24,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and
of which not to exceed $15,300 shall be for official reception and
representation expenses: Provided, That none of the funds made
available by this Act shall be for expenses incurred for recreational
vessels under section 12114 of title 46, United States Code, except to
the extent fees are collected from owners of yachts and credited to this
appropriation: Provided further, That of the funds provided under this
heading, $75,000,000 shall be withheld from obligation for Coast Guard
Headquarters Directorates
[[Page 127 STAT. 351]]
until a revised future-years capital investment plan for fiscal years
2014 through 2018, as specified under the heading Coast Guard
``Acquisition, Construction, and Improvements'' of this Act is submitted
to the Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That funds made available under this
heading for Overseas Contingency Operations/Global War on Terrorism may
be allocated by program, project, and activity, notwithstanding section
503 of this Act.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance and
restoration functions of the Coast Guard under chapter 19 of title 14,
United States Code, $13,151,000, to remain available until September 30,
2017.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the Coast Guard reserve program;
personnel and training costs; and equipment and services; $132,528,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment; as
authorized by law; $1,545,393,000; of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $10,000,000 shall remain available until September
30, 2017, for military family housing, of which not more than $6,828,691
shall be derived from the Coast Guard Housing Fund established pursuant
to 14 U.S.C. 687; of which $1,082,800,000 shall be available until
September 30, 2017, to acquire, effect major repairs to, renovate, or
improve vessels, small boats, and related equipment; of which
$190,500,000 shall be available until September 30, 2017, to acquire,
effect major repairs to, renovate, or improve aircraft or increase
aviation capability; of which $64,000,000 shall be available until
September 30, 2017, for other acquisition programs; of which $84,411,000
shall be available until September 30, 2017, for shore facilities and
aids to navigation, including waterfront facilities at Navy
installations used by the Coast Guard; of which $113,682,000 shall be
available for personnel compensation and
benefits <<NOTE: Contracts.>> and related costs: Provided, That the
funds provided by this Act shall be immediately available and allotted
to contract for the production of the sixth National Security Cutter
notwithstanding the availability of funds for post-production costs:
Provided further, That the funds <<NOTE: Contracts.>> provided by this
Act shall be immediately available and allotted to contract for long
lead time materials, components, and designs for the seventh National
Security Cutter notwithstanding the availability of funds for production
costs or post-production <<NOTE: Deadline. Investment plan. 14 USC 663
note.>> costs: Provided further, That the Commandant of the Coast
Guard shall submit to the Committees on Appropriations of the Senate and
the House of
[[Page 127 STAT. 352]]
Representatives, at the time that the President's budget is submitted
each year under section 1105(a) of title 31, United States Code, a
future-years capital investment plan for the Coast Guard that identifies
for each requested capital asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until acquisition program baseline or
project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) includes the total acquisition cost of each
asset, subdivided by fiscal year and including a
detailed description of the purpose of the proposed
funding levels for each fiscal year, including for each
fiscal year funds requested for design, pre-acquisition
activities, production, structural modifications,
missionization, post-delivery, and transition to
operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal year;
and
(ii) major acquisition and project events,
including development of operational requirements,
contracting actions, design reviews, production,
delivery, test and evaluation, and transition to
operations, including necessary training, shore
infrastructure, and logistics;
(C) notes and explains any deviations in cost,
performance parameters, schedule, or estimated date of
completion from the original acquisition program
baseline and the most recent baseline approved by the
Department of Homeland Security's Acquisition Review
Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of
comparable legacy assets, identifying known capability
gaps between such existing capabilities and stated
mission requirements, and explaining how the acquisition
of each asset will address such known capability gaps;
(E) defines life-cycle costs for each asset and the
date of the estimate on which such costs are based,
including all associated costs of major acquisitions
systems infrastructure and transition to operations,
delineated by purpose and fiscal year for the projected
service life of the asset;
(F) includes the earned value management system
summary schedule performance index and cost performance
index for each asset, if applicable; and
(G) includes a phase-out and decommissioning
schedule delineated by fiscal year for each existing
legacy asset that each asset is intended to replace or
recapitalize:
Provided further, That the Commandant of the Coast Guard shall ensure
that amounts specified in the future-years capital investment plan are
consistent, to the maximum extent practicable, with proposed
appropriations necessary to support the programs, projects,
[[Page 127 STAT. 353]]
and activities of the Coast Guard in the President's budget as submitted
under section 1105(a) of title 31, United States Code, for that fiscal
year: Provided further, That any inconsistencies between the capital
investment plan and proposed appropriations shall be identified
and <<NOTE: Applicability.>> justified: Provided further, That
subsections (a) and (b) of section 6402 of Public Law 110-28 shall apply
with respect to the amounts made available under this heading.
research, development, test, and evaluation
For necessary expenses for applied scientific research, development,
test, and evaluation; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; as authorized by law;
$19,690,000, to remain available until September 30, 2017, of which
$500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited to
and used for the purposes of this appropriation funds received from
State and local governments, other public authorities, private sources,
and foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under the
Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,423,000,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-type use for
replacement only; hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; services of
expert witnesses at such rates as may be determined by the Director of
the Secret Service; rental of buildings in the District of Columbia, and
fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may be
necessary to perform protective functions; payment of per diem or
subsistence allowances to employees in cases in which a protective
assignment on the actual day or days of the visit of a protectee
requires an employee to work 16 hours per day or to remain overnight at
a post of duty; conduct of and participation in firearms matches;
presentation of awards; travel of United States Secret Service employees
on protective missions without regard to the limitations on such
expenditures in this or any other Act if approval is obtained in advance
from the Committees on Appropriations of the Senate and the House of
Representatives; research and development; grants to conduct behavioral
research in support of protective research and operations;
[[Page 127 STAT. 354]]
and payment in advance for commercial accommodations as may be necessary
to perform protective functions; $1,555,913,000; of which not to exceed
$19,125 shall be for official reception and representation expenses; of
which not to exceed $100,000 shall be to provide technical assistance
and equipment to foreign law enforcement organizations in counterfeit
investigations; of which $2,366,000 shall be for forensic and related
support of investigations of missing and exploited children; of which
$6,000,000 shall be for a grant for activities related to investigations
of missing and exploited children and shall remain available until
September 30, 2014; and of which $4,000,000 shall be for activities
related to training in electronic crimes investigations and forensics:
Provided, That up to $18,000,000 for protective travel shall remain
available until September 30, 2014: Provided further, That $4,500,000
for National Special Security Events shall remain available until
September 30, 2014: Provided further, That the United States Secret
Service is authorized to obligate funds in anticipation of
reimbursements from Federal agencies and entities, as defined in section
105 of title 5, United States Code, for personnel receiving training
sponsored by the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal year: Provided further, That <<NOTE: Waiver authority.>> none of
the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the designee
of the Secretary, may waive that amount as necessary for national
security purposes: Provided further, That none of the funds made
available to the United States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection of the head
of a Federal agency other than the Secretary of Homeland Security:
Provided further, That the Director of the United States Secret Service
may enter into an agreement to provide such protection on a
fully <<NOTE: Notification. Deadline.>> reimbursable basis: Provided
further, That none of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
obligated for the purpose of opening a new permanent domestic or
overseas office or location unless the Committees on Appropriations of
the Senate and the House of Representatives are notified 15 days in
advance of such obligation: Provided further, That for purposes of
section 503(b) of this Act, $15,000,000 or 10 percent, whichever is
less, may be transferred between ``Protection of persons and
facilities'' and ``Domestic field operations''.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of physical and technological
infrastructure, $56,750,000; of which $4,430,000, to remain available
until September 30, 2017, shall be for acquisition, construction,
improvement, and maintenance of facilities; and of which $52,320,000, to
remain available until September 30, 2015, shall be for information
integration and technology transformation execution: Provided, That the
Director <<NOTE: Deadline. Plans.>> of the United States Secret Service
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives at the time that the President's
[[Page 127 STAT. 355]]
budget proposal for fiscal year 2014 is submitted pursuant to the
requirements of section 1105(a) of title 31, United States Code, a
multi-year investment and management plan for its Information
Integration and Technology Transformation program that describes funding
for the current fiscal year and the following 3 fiscal years, with
associated plans for systems acquisition and technology deployment.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under Secretary for
the National Protection and Programs Directorate, support for
operations, and information technology, $50,220,000: Provided, That not
to exceed $3,825 shall be for official reception and representation
expenses.
infrastructure protection and information security
For necessary expenses for infrastructure protection and information
security programs and activities, as authorized by title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $1,157,529,000, of
which $200,000,000, shall remain available until September 30, 2014:
Provided, That <<NOTE: Expenditure plan. Deadline.>> of the total amount
provided for the ``Infrastructure security compliance'' program,
project, and activity, $20,000,000 shall not be available for obligation
until the Under Secretary for the National Protection and Programs
Directorate submits to the Committees on Appropriations of the Senate
and the House of Representatives an expenditure plan for the Chemical
Facility Anti-Terrorism Standards program that includes the number of
facilities covered by the program, inspectors on-board, inspections
pending, and inspections projected to be completed by September 30,
2013.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses related
to the protection of federally owned and leased buildings and for the
operations <<NOTE: Certification. Deadline.>> of the Federal Protective
Service: Provided, That the Secretary of Homeland Security and the
Director of the Office of Management and Budget shall certify in writing
to the Committees on Appropriations of the Senate and the House of
Representatives not later than May 1, 2013, that the operations of the
Federal Protective Service will be fully funded in fiscal year 2013
through revenues and collection of security fees, and shall adjust the
fees to ensure fee collections are sufficient to ensure that the Federal
Protective Service maintains not fewer than 1,371 full-time equivalent
staff and 1,007 full-time equivalent Police Officers, Inspectors, Area
Commanders, and Special Agents who, while working, are directly engaged
on a daily basis protecting and enforcing laws at Federal buildings
(referred to as ``in-service field staff''): Provided further, That
the <<NOTE: Strategic plan.>> Director of the Federal
[[Page 127 STAT. 356]]
Protective Service shall include with the submission of the President's
fiscal year 2014 budget a strategic human capital plan that aligns fee
collections to personnel requirements based on a current threat
assessment.
office of biometric identity management
For necessary expenses for the Office of Biometric Identity
Management, as authorized by section 7208 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), $232,422,000:
Provided, That of the total amount made available under this heading,
$113,956,000 shall remain available until September 30, 2015: Provided
further, That the Secretary <<NOTE: Deadline. Expenditure plan.>> of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, not later than 60 days
after the date of enactment of this Act, an expenditure plan for the
Office of Biometric Identity Management:
<<NOTE: Deadline. Plans.>> Provided further, That the Secretary shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives at the time the President's budget is submitted each
year under section 1105(a) of title 31, United States Code, a multi-year
investment and management plan for the Office of Biometric Identity
Management program, to include each fiscal year starting with the
current fiscal year and the 3 subsequent fiscal years, that provides--
(1) the proposed appropriation for each activity tied to
mission requirements and outcomes, program management
capabilities, performance levels, and specific capabilities and
services to be delivered, noting any deviations in cost or
performance from the prior fiscal years expenditure or
investment and management plan for United States Visitor and
Immigrant Status Indicator Technology;
(2) the total estimated cost, projected funding by fiscal
year, and projected timeline of completion for all enhancements,
modernizations, and new capabilities proposed in such budget and
underway, including and clearly delineating associated efforts
and funds requested by other agencies within the Department of
Homeland Security and in the Federal Government and detailing
any deviations in cost, performance, schedule, or estimated date
of completion provided in the prior fiscal years expenditure or
investment and management plan for United States Visitor and
Immigrant Status Indicator Technology; and
(3) a detailed accounting of operations and maintenance,
contractor services, and program costs associated with the
management of identity services:
Provided further, That amounts obligated under Public Law 112-175 for
National Protection and Programs Directorate, ``United States Visitor
and Immigrant Status Indicator Technology'' shall be charged to the
appropriate successor account of the following: National Protection and
Programs Directorate, ``Office of Biometric Identity Management''; U.S.
Customs and Border Protection, ``Salaries and Expenses''; or U.S.
Immigration and Customs Enforcement, ``Salaries and Expenses''.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$132,499,000; of which $26,702,000 is for salaries and expenses;
[[Page 127 STAT. 357]]
and of which $85,390,000 is for BioWatch operations: Provided, That of
the amount made available under this heading, $20,407,000 shall remain
available until September 30, 2014, for biosurveillance, chemical
defense, medical and health planning and coordination, and workforce
health protection: Provided further, That not to exceed $2,250 shall be
for official reception and representation expenses.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management Agency,
$973,118,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701
et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et
seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53),
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Post-Katrina Emergency Management Reform Act of 2006 (Public
Law 109-295; 120 Stat. 1394), and the Biggert-Waters Flood Insurance
Reform Act of 2012 (Public Law 112-141, 126 Stat. 917): Provided, That
not to exceed $2,250 shall be for official reception and representation
expenses: <<NOTE: Disaster evacuation. West Virginia. Pennsylvania. 6
USC 462 note.>> Provided further, That for fiscal year 2013 and
thereafter, for purposes of planning, coordination, execution, and
decision making related to mass evacuation during a disaster, the
Governors of the State of West Virginia and the Commonwealth of
Pennsylvania, or their designees, shall be incorporated into efforts to
integrate the activities of Federal, State, and local governments in the
National Capital Region, as defined in section 882 of the Homeland
Security Act of 2002 (Public Law 107-296): Provided further, That of
the total amount made available under this heading, $35,180,000 shall be
for the Urban Search and Rescue Response System, of which none is
available for Federal Emergency Management Agency administrative costs:
Provided further, That of the total amount made available under this
heading, $22,000,000 shall remain available until September 30, 2014,
for capital improvements and other expenses related to continuity of
operations at the Mount Weather Emergency Operations Center: Provided
further, That of the total amount made available under this heading,
$5,000,000 shall remain available until September 30, 2014, for expenses
related to modernization of automated systems:
<<NOTE: Consultation. Expenditure plan.>> Provided further, That the
Administrator of the Federal Emergency Management Agency, in
consultation with the Department of Homeland Security Chief Information
Officer, shall submit to the Committees on Appropriations of the Senate
and the House of Representatives an expenditure plan including results
to date, plans for the program, and a list of projects with associated
funding provided from prior appropriations and provided by this Act for
modernization of automated systems.
[[Page 127 STAT. 358]]
state and local programs
For grants contracts, cooperative agreements, and other activities,
$1,466,082,000, which shall be allocated as follows:
(1) Not less than $346,600,000 shall be for the State
Homeland Security Grant Program under section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605), of which not less
than $46,600,000 shall be for <<NOTE: Puerto Rico.>> Operation
Stonegarden: Provided, That notwithstanding subsection (c)(4)
of such section 2004, for fiscal year 2013, the Commonwealth of
Puerto Rico shall make available to local and tribal governments
amounts provided to the Commonwealth of Puerto Rico under this
paragraph in accordance with subsection (c)(1) of such section
2004.
(2) Not less than $500,376,000 shall be for the Urban Area
Security Initiative under section 2003 of the Homeland Security
Act of 2002 (6 U.S.C. 604), of which not less than $10,000,000
shall be for organizations (as described under section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax section
501(a) of such code) determined by the Secretary of Homeland
Security to be at high risk of a terrorist attack.
(3) Not less than $97,500,000 shall be for Public
Transportation Security Assistance and Railroad Security
Assistance under sections 1406 and 1513 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law
110-53; 6 U.S.C. 1135 and 1163), of which not less than
$10,000,000 shall be for Amtrak security: <<NOTE: Security
assistance.>> Provided, That such public transportation security
assistance shall be provided directly to public transportation
agencies.
(4) Not less than $97,500,000 shall be for Port Security
Grants in accordance with 46 U.S.C. 70107.
(5) Notwithstanding section 503 of this Act, $188,932,000
shall be distributed, according to threat, vulnerability, and
consequence, at the discretion of the Secretary of Homeland
Security based on the following authorities:
(A) The State Homeland Security Grant Program under
section 2004 of the Homeland Security Act of 2002 (6
U.S.C. 605): Provided, <<NOTE: Puerto Rico.>> That
notwithstanding subsection (c)(4) of such section 2004,
for fiscal year 2013, the Commonwealth of Puerto Rico
shall make available to local and tribal governments
amounts provided to the Commonwealth of Puerto Rico
under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(B) Operation Stonegarden.
(C) The Urban Area Security Initiative under section
2003 of the Homeland Security Act of 2002 (6 U.S.C.
604).
(D) Organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax section 501(a) of such code) determined
by the Secretary of Homeland Security to be at high risk
of a terrorist attack.
(E) Public Transportation Security Assistance and
Railroad Security Assistance, under sections 1406 and
1513 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135 and 1163),
including <<NOTE: Security assistance.>> Amtrak
security: Provided, That such public transportation
[[Page 127 STAT. 359]]
security assistance shall be provided directly to public
transportation agencies.
(F) Port Security Grants in accordance with 46
U.S.C. 70107.
(G) Over-the-Road Bus Security Assistance under
section 1532 of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.
1182).
(H) The Metropolitan Medical Response System under
section 635 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 723).
(I) The Citizen Corps Program.
(J) The Driver's License Security Grants Program in
accordance with section 204 of the REAL ID Act of 2005
(49 U.S.C. 30301 note).
(K) The Interoperable Emergency Communications Grant
Program under section 1809 of the Homeland Security Act
of 2002 (6 U.S.C. 579).
(L) Emergency Operations Centers under section 614
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c).
(M) The Buffer Zone Protection Program Grants.
(N) Regional Catastrophic Preparedness Grants.
(6) $235,174,000 shall be to sustain current operations for
training, exercises, technical assistance, and other programs,
of which $157,991,000 shall be for training of State, local, and
tribal emergency response providers:
Provided, <<NOTE: Grants. Deadlines.>> That for grants under
paragraphs (1) through (5), applications for grants shall be made
available to eligible applicants not later than 60 days after the date
of enactment of this Act, that eligible applicants shall submit
applications not later than 80 days after the grant announcement, and
the Administrator of the Federal Emergency Management Agency shall act
within 65 days after the receipt of an application: Provided further,
That notwithstanding section 2008(a)(11) of the Homeland Security Act of
2002 (6 U.S.C. 609(a)(11)), or any other provision of law, a grantee may
not use more than 5 percent of the amount of a grant made available
under this heading for expenses directly related to administration of
the grant: Provided further, That for grants under paragraphs (1) and
(2), the installation of communications towers is not considered
construction of a building or
other <<NOTE: Reports. Determination.>> physical facility: Provided
further, That grantees shall provide reports on their use of funds, as
determined necessary by the Secretary of Homeland Security: Provided
further, That <<NOTE: 6 USC 763a.>> in fiscal year 2013 and thereafter:
(a) the Center for Domestic Preparedness may provide training to
emergency response providers from the Federal Government, foreign
governments, or private entities, if the Center for Domestic
Preparedness is reimbursed for the cost of such training, and any
reimbursement under this subsection shall be credited to the account
from which the expenditure being reimbursed was made and shall be
available, without fiscal year limitation, for the purposes for which
amounts in the account may be expended; (b) the head of the Center for
Domestic Preparedness shall ensure that any training provided under (a)
does not interfere with the primary mission of the Center to train State
and local emergency response providers; and (c) subject to (b), nothing
in (a) prohibits the Center for Domestic Preparedness from providing
training to
[[Page 127 STAT. 360]]
employees of the Federal Emergency Management Agency in existing
chemical, biological, radiological, nuclear, explosives, mass casualty,
and medical surge courses pursuant to 5 U.S.C. 4103 without
reimbursement for the cost of such training.
firefighter assistance grants
For grants for programs authorized by the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.), $675,000,000, to
remain available until September 30, 2014, of which $337,500,000 shall
be available to carry out section 33 of that Act (15 U.S.C. 2229) and
$337,500,000 shall be available to carry out section 34 of that Act (15
U.S.C. 2229a).
emergency management performance grants
For emergency management performance grants, as authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), $350,000,000.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2013, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary for
its radiological emergency preparedness program for the next
fiscal <<NOTE: Fees.>> year: Provided, That the methodology for
assessment and collection of fees shall be fair and equitable and shall
reflect costs of providing such services, including administrative costs
of collecting such <<NOTE: Effective date.>> fees: Provided further,
That fees received under this heading shall be deposited in this account
as offsetting collections and will become available for authorized
purposes on October 1, 2013, and remain available until September 30,
2015.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $44,000,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$7,007,926,000, to remain available until expended, of which $24,000,000
shall be transferred to the Department of Homeland Security Office of
Inspector General for audits and investigations related
to <<NOTE: Expenditure plan. Deadline.>> disasters: Provided, That the
Administrator of the
[[Page 127 STAT. 361]]
Federal Emergency Management Agency shall submit an expenditure plan to
the Committees on Appropriations of the Senate and the House of
Representatives detailing the use of the funds made available in this or
any other Act for disaster readiness and support not later than 60 days
after the date of enactment of this Act: Provided further,
That <<NOTE: Deadlines. Reports.>> the Administrator of the Federal
Emergency Management Agency shall submit to such Committees a quarterly
report detailing obligations against the expenditure plan and a
justification for any changes from the initial plan:
Provided <<NOTE: Reports.>> further, That the Administrator of the
Federal Emergency Management Agency shall submit to the Committees on
Appropriations of the Senate and the House of Representatives the
following reports, including a specific description of the methodology
and the source data used in developing such reports:
(1) an estimate of the following amounts shall be submitted
for the budget year at the time that the President's budget is
submitted each year under section 1105(a) of title 31, United
States Code:
(A) the unobligated balance of funds to be carried
over from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried
over from the budget year to the budget year plus 1;
(C) the amount of obligations for non-catastrophic
events for the budget year;
(D) the amount of obligations for the budget year
for catastrophic events delineated by event and by
State;
(E) the total amount that has been previously
obligated or will be required for catastrophic events
delineated by event and by State for all prior years,
the current year, the budget year, the budget year plus
1, the budget year plus 2, and the budget year plus 3
and beyond;
(F) the amount of previously obligated funds that
will be recovered for the budget year;
(G) the amount that will be required for obligations
for emergencies, as described in section 102(1) of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(1)), major disasters, as
described in section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)), fire management assistance grants, as
described in section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5187), surge activities, and disaster readiness and
support activities;
(H) the amount required for activities not covered
under section 251(b)(2)(D)(iii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii); Public Law 99-177);
(2) <<NOTE: Deadlines.>> an estimate or actual amounts, if
available, of the following for the current fiscal year shall be
submitted not later than the fifth day of each month:
(A) a summary of the amount of appropriations made
available by source, the transfers executed, the
previously allocated funds recovered, and the
commitments, allocations, and obligations made;
(B) a table of disaster relief activity delineated
by month, including--
(i) the beginning and ending balances;
[[Page 127 STAT. 362]]
(ii) the total obligations to include amounts
obligated for fire assistance, emergencies, surge,
and disaster support activities;
(iii) the obligations for catastrophic events
delineated by event and by State; and
(iv) the amount of previously obligated funds
that are recovered;
(C) a summary of allocations, obligations, and
expenditures for catastrophic events delineated by
event; and
(D) the date on which funds appropriated will be
exhausted:
Provided further, That of the amount provided under this heading,
$6,400,000,000 is for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.): Provided further, That the amount in the preceding proviso is
designated by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101) and under sections 100215, 100216, 100226, 100230, and 100246 of
the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-
141, 126 Stat. 917), $95,329,000, and such additional sums as may be
provided by State and local governments or other political subdivisions
for cost-shared mapping activities under section 1360(f)(2) of such Act
(42 U.S.C. 4101(f)(2)), to remain available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), and the Biggert-Waters Flood Insurance Reform Act
of 2012 (Public Law 112-141, 126 Stat. 917), $171,000,000, which shall
be derived from offsetting amounts collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which
not to exceed $22,000,000 shall be available for salaries and expenses
associated with flood mitigation and flood insurance operations; and not
less than $149,000,000 shall be available for flood plain management and
flood mapping, to remain available until September 30, 2014: Provided,
That any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as an offsetting collection to this account, to be available
for flood plain management and flood mapping: Provided further, That in
fiscal year 2013, no funds shall be available from the National Flood
Insurance Fund under section 1310 of that Act (42 U.S.C. 4017) in excess
of:
(1) $132,000,000 for operating expenses;
(2) $1,056,602,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $120,000,000, which shall remain available until
expended, for flood mitigation actions under section 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c):
[[Page 127 STAT. 363]]
Provided further, That the amounts collected under section 102
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)
and section 1366(e) of the National Flood Insurance Act of 1968
shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366
of the National Flood Insurance Act of 1968, notwithstanding
subsection (f)(8) of such section 102 (42 U.S.C. 4012a(f)(8))
and subsection 1366(e) and paragraphs (2) and (3) of section
1367(b) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e), 4104d(b)(2)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $25,000,000, to remain available until expended.
emergency food and shelter
To carry out the emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331
et seq.), $120,000,000, to remain available until expended: Provided,
That total administrative costs shall not exceed 3.5 percent of the
total amount made available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$111,924,000 for the E-Verify Program, as described in section 403(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note), to assist United States employers with
maintaining a legal workforce: Provided, That notwithstanding any other
provision of law, funds otherwise made available to United States
Citizenship and Immigration Services may be used to acquire, operate,
equip, and dispose of up to 5 vehicles, for replacement only, for areas
where the Administrator of General Services does not provide vehicles
for lease: Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees who are
assigned to those areas to use such vehicles to travel between the
employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law enforcement
basic training; the purchase of not to exceed 117 vehicles for police-
type use and hire of passenger motor vehicles; expenses for student
athletic and related activities; the conduct
[[Page 127 STAT. 364]]
of and participation in firearms matches and presentation of awards;
public awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $228,467,000; of which up to $44,758,000 shall
remain available until September 30, 2014, for materials and support
costs of Federal law enforcement basic training; of which $300,000 shall
remain available until expended to be distributed to Federal law
enforcement agencies for expenses incurred participating in training
accreditation; and of which not to exceed $9,180 shall be for official
reception and representation expenses: Provided, That the Center is
authorized to obligate funds in anticipation of reimbursements from
agencies receiving training sponsored by the Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note), as amended by Public Law 112-74, is further amended by striking
``December 31, 2014'' and inserting ``December 31, 2015'': Provided
further, That the Director of the Federal Law Enforcement Training
Center shall schedule basic or advanced law enforcement training, or
both, at all four training facilities under the control of the Federal
Law Enforcement Training Center to ensure that such training facilities
are operated at the highest capacity throughout the fiscal year:
Provided further, That the Federal Law Enforcement Training
Accreditation Board, including representatives from the Federal law
enforcement community and non-Federal accreditation experts involved in
law enforcement training, shall lead the Federal law enforcement
training accreditation process to continue the implementation of
measuring and assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $28,385,000, to remain available until September 30,
2017: Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of programs
and activities, as authorized by title III of the Homeland Security Act
of 2002 (6 U.S.C. 181 et seq.), $132,000,000: Provided, That not to
exceed $7,650 shall be for official reception and representation
expenses.
[[Page 127 STAT. 365]]
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and evaluation,
acquisition, and operations as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease
of not to exceed 5 vehicles, $703,471,000; of which $538,539,000 shall
remain available until September 30, 2015; and of which $164,932,000
shall remain available until September 30, 2017, solely for operation
and construction of laboratory facilities.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office,
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.), for management and administration of programs and
activities, $39,650,000: Provided, That not to exceed $2,250 shall be
for official reception and representation expenses: Provided further,
That <<NOTE: Deadline. Strategic plan.>> not later than 60 days after
the date of enactment of this Act, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a strategic plan of investments necessary to
implement the Department of Homeland Security's responsibilities under
the domestic component of the global nuclear detection architecture that
shall:
(1) define the role and responsibilities of each
Departmental component in support of the domestic detection
architecture, including any existing or planned programs to pre-
screen cargo or conveyances overseas;
(2) identify and describe the specific investments being
made by each Departmental component in fiscal year 2013 and
planned for fiscal year 2014 to support the domestic
architecture and the security of sea, land, and air pathways
into the United States;
(3) describe the investments necessary to close known
vulnerabilities and gaps, including associated costs and
timeframes, and estimates of feasibility and cost effectiveness;
and
(4) explain how the Department's research and development
funding is furthering the implementation of the domestic nuclear
detection architecture, including specific investments planned
for each of fiscal years 2013 and 2014.
research, development, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $226,830,000, to
remain available until September 30, 2014.
systems acquisition
For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $51,455,000, to remain available
until September 30, 2015.
[[Page 127 STAT. 366]]
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds in
the applicable established accounts, and thereafter may be accounted for
as one fund for the same time period as originally enacted.
Sec. 503. <<NOTE: Notifications. Deadlines.>> (a) None of the funds
provided by this Act, provided by previous appropriations Acts to the
agencies in or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year 2013, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds that:
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity
by either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or
(5) contracts out any function or activity for which funding
levels were requested for Federal full-time equivalents in the
object classification tables contained in the fiscal year 2013
Budget Appendix for the Department of Homeland Security, as
modified by the joint explanatory statement accompanying this
Act, unless the Committees on Appropriations of the Senate and
the House of Representatives are notified 15 days in advance of
such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or expenditure
in fiscal year 2013, or provided from any accounts in the Treasury of
the United States derived by the collection of fees or proceeds
available to the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or activities through
a reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity;
(3) reduces by 10 percent the numbers of personnel approved
by the Congress; or
(4) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
[[Page 127 STAT. 367]]
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances that
imminently threaten the safety of human life or the protection of
property.
(e) <<NOTE: Applicability.>> The notification thresholds and
procedures set forth in this section shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts.
Sec. 504. The Department of Homeland Security Working Capital Fund,
established pursuant to section 403 of Public Law 103-356 (31 U.S.C. 501
note), shall continue operations as a permanent working capital fund for
fiscal year 2013: Provided, That none of the funds appropriated or
otherwise made available to the Department of Homeland Security may be
used to make payments to the Working Capital Fund, except for the
activities and amounts allowed in the President's fiscal year 2013
budget: Provided further, That funds provided to the Working Capital
Fund shall be available for obligation until expended to carry out the
purposes of the Working Capital Fund: Provided further, That all
departmental components shall be charged only for direct usage of each
Working Capital Fund service: Provided further, That funds provided to
the Working Capital Fund shall be used only for purposes consistent with
the contributing component: Provided further, That the Working Capital
Fund shall be paid in advance or reimbursed at rates which will return
the full cost of each service: Provided further, That the Working
Capital Fund shall be subject to the requirements of section 503 of this
Act.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2013 from appropriations for salaries and expenses for
fiscal year 2013 in this Act shall remain available through September
30, 2014, in the account and for the purposes for which the
appropriations were <<NOTE: Approval request.>> provided: Provided,
That prior to the obligation of such funds, a request shall be submitted
to the Committees on Appropriations of the Senate and the House of
Representatives for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2013 until the enactment of an Act authorizing
intelligence activities for fiscal year 2013.
Sec. 507. <<NOTE: Grants. Contracts. Notifications. Deadlines.>> (a)
Except as provided in subsections (b) and (c), none of the funds made
available by this Act may be used to--
(1) make or award a grant allocation, grant, contract, other
transaction agreement, task or delivery order on a Department
[[Page 127 STAT. 368]]
of Homeland Security multiple award contract, or to issue a
letter of intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds or a task or delivery
order that would cause cumulative obligations of multi-year
funds in a single account to exceed 50 percent of the total
amount appropriated;
(3) make a sole-source grant award; or
(4) announce publicly the intention to make or award items
under paragraph (1), (2), or (3) including a contract covered by
the Federal Acquisition Regulation.
(b) <<NOTE: Waiver authority.>> The Secretary of Homeland Security
may waive the prohibition under subsection (a) if the Secretary notifies
the Committees on Appropriations of the Senate and the House of
Representatives at least 3 full business days in advance of making an
award or issuing a letter as described in that subsection.
(c) <<NOTE: Determination.>> If the Secretary of Homeland Security
determines that compliance with this section would pose a substantial
risk to human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives not later
than 5 full business days after such an award is made or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; type of
contract; and the account and each program, project, and
activity from which the funds are being drawn.
(e) <<NOTE: Briefing. Deadline.>> The Administrator of the Federal
Emergency Management Agency shall brief the Committees on Appropriations
of the Senate and the House of Representatives 5 full business days in
advance of announcing publicly the intention of making an award under
``State and Local Programs''.
Sec. 508. <<NOTE: Contracts.>> Notwithstanding any other provision
of law, no agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
Senate and the House of Representatives, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code, has
not been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
Sec. 510. <<NOTE: Applicability.>> (a) Sections 520, 522, and 530 of
the Department of Homeland Security Appropriations Act, 2008 (division E
of Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with respect
to funds made available in this Act in the same manner as such sections
applied to funds made available in that Act.
[[Page 127 STAT. 369]]
(b) The third proviso of section 537 of the Department of Homeland
Security Appropriations Act, 2006 (6 U.S.C. 114), shall not apply with
respect to funds made available in this Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act.
For purposes of the preceding sentence, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
by any person other than the Privacy Officer appointed under subsection
(a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142(a)) to alter, direct that changes be made to, delay, or prohibit the
transmission to Congress of any report prepared under paragraph (6) of
such subsection.
Sec. 513. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. <<NOTE: Deadlines. Budget. Reports.>> Within 45 days
after the end of each month, the Chief Financial Officer of the
Department of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a monthly
budget and staffing report for that month that includes total
obligations, on-board versus funded full-time equivalent staffing
levels, and the number of contract employees for each office of the
Department.
Sec. 515. <<NOTE: Explosives detection systems.>> Except as
provided in section 44945 of title 49, United States Code, funds
appropriated or transferred to Transportation Security Administration
``Aviation Security'', ``Administration'', and ``Transportation Security
Support'' for fiscal years 2004 and 2005 that are recovered or
deobligated shall be available only for the procurement or installation
of explosives detection systems, air cargo, baggage, and checkpoint
screening systems, subject to notification: Provided,
That <<NOTE: Deadlines. Reports.>> quarterly reports shall be submitted
to the Committees on Appropriations of the Senate and the House of
Representatives on any funds that are recovered or deobligated.
Sec. 516. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided as of June 1, 2004, by employees
(including employees serving on a temporary or term basis) of United
States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.
Sec. 517. Any funds appropriated to Coast Guard ``Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until expended
for the Fast Response Cutter program.
Sec. 518. Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2012'' and inserting ``2013''.
Sec. 519. <<NOTE: Classified information.>> The functions of the
Federal Law Enforcement Training Center instructor staff shall be
classified as inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 520. <<NOTE: Grants. Contracts.>> (a) Except as provided in
subsection (b), none of the funds appropriated in this or any other Act
to the ``Office of the Secretary and Executive Management'', the
``Office of the
[[Page 127 STAT. 370]]
Under Secretary for Management'', or the ``Office of the Chief Financial
Officer'', may be obligated for a grant or contract funded under such
headings by any means other than full and open competition.
(b) Subsection (a) does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, including the AbilityOne Program, that is
authorized under chapter 85 of title 41, United States Code;
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 3101 (b) of title 41, United
States Code; or
(4) by another Federal agency using funds provided through
an interagency agreement.
(c)(1) <<NOTE: Waiver authority.>> Subject to paragraph (2), the
Secretary of Homeland Security may waive the application of this section
for the award of a contract in the interest of national security or if
failure to do so would pose a substantial risk to human health or
welfare.
(2) <<NOTE: Deadline. Notification.>> Not later than 5 days after
the date on which the Secretary of Homeland Security issues a waiver
under this subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and the House
of Representatives, including a description of the applicable contract
to which the waiver applies and an explanation of why the waiver
authority was used: Provided, That the Secretary may not delegate the
authority to grant such a waiver.
(d) <<NOTE: Reviews. 5 USC app. 8I note.>> In addition to the
requirements established by subsections (a), (b), and (c) of this
section, the Inspector General of the Department of Homeland Security
shall review departmental contracts awarded through means other than a
full and open competition to assess departmental compliance with
applicable laws and regulations: Provided, That the Inspector General
shall review selected contracts awarded in the previous 3 fiscal years
through means other than a full and open competition: Provided further,
That in selecting which contracts to review, the Inspector General shall
consider the cost and complexity of the goods and services to be
provided under the contract, the criticality of the contract to
fulfilling Department missions, past performance problems on similar
contracts or by the selected vendor, complaints received about the award
process or contractor performance, and such other factors as the
Inspector General deems relevant:
Provided <<NOTE: Reports. Deadlines.>> further, That the Inspector
General shall report the results of the reviews to the Committees on
Appropriations of the Senate and the House of Representatives no later
than February 4, 2015, and every 3 years thereafter.
Sec. 521. <<NOTE: Deadlines.>> None of the funds provided by this
or previous appropriations Acts shall be used to fund any position
designated as a Principal Federal Official (or the successor thereto)
for any Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) declared disasters or emergencies unless--
(1) the responsibilities of the Principal Federal Official
do not include operational functions related to incident
management, including coordination of operations, and are
consistent with the requirements of section 509(c) and sections
503(c)(3) and 503(c)(4)(A) of the Homeland Security Act of 2002
(6 U.S.C.
[[Page 127 STAT. 371]]
319(c) and 313(c)(3) and 313(c)(4)(A)) and section 302 of the
Robert T. Stafford Disaster Relief and Assistance Act (42 U.S.C.
5143);
(2) <<NOTE: Notification.>> not later than 10 business days
after the latter of the date on which the Secretary of Homeland
Security appoints the Principal Federal Official and the date on
which the President issues a declaration under section 401 or
section 501 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 and 5191,
respectively), the Secretary of Homeland Security shall submit a
notification of the appointment of the Principal Federal
Official and a description of the responsibilities of such
Official and how such responsibilities are consistent with
paragraph (1) to the Committees on Appropriations of the Senate
and the House of Representatives, the Transportation and
Infrastructure Committee of the House of Representatives, and
the Homeland Security and Governmental Affairs Committee of the
Senate; and
(3) <<NOTE: Reports.>> not later than 60 days after the date
of enactment of this Act, the Secretary shall provide a report
specifying timeframes and milestones regarding the update of
operations, planning and policy documents, and training and
exercise protocols, to ensure consistency with paragraph (1) of
this section.
Sec. 522. None of the funds provided or otherwise made available in
this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452).
Sec. 523. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may be
used to reduce operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of enactment
of this Act.
Sec. 524. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the granting of the benefit have been
received by United States Citizenship and Immigration Services, and the
results do not preclude the granting of the benefit.
Sec. 525. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2012,'' and inserting ``Until September 30, 2013,'';
(2) in subsection (c)(1), by striking ``September 30,
2012,'' and inserting ``September 30, 2013,''.
Sec. 526. <<NOTE: Contracts. Fees.>> The Secretary of Homeland
Security shall require that all contracts of the Department of Homeland
Security that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in terms of
cost, schedule, and performance).
Sec. 527. <<NOTE: Consultation.>> Notwithstanding any other
provision of law, none of the funds provided in this or any other Act
shall be used to approve a waiver of the navigation and vessel-
inspection laws pursuant to 46 U.S.C. 501(b) for the transportation of
crude oil distributed from the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
[[Page 127 STAT. 372]]
of the Departments of Energy and Transportation and representatives from
the United States flag maritime industry, takes adequate measures to
ensure the use of United States flag vessels:
<<NOTE: Notification. Deadline.>> Provided, That the Secretary shall
notify the Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Transportation and Infrastructure of
the House of Representatives within 2 business days of any request for
waivers of navigation and vessel-inspection laws pursuant to 46 U.S.C.
501(b).
Sec. 528. None of the funds made available to the Office of the
Secretary and Executive Management under this Act may be expended for
any new hires by the Department of Homeland Security that are not
verified through the E-Verify Program as described in section 403(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note).
Sec. 529. None of the funds in this Act shall be used to reduce the
United States Coast Guard's Operations Systems Center mission or its
government-employed or contract staff levels.
Sec. 530. <<NOTE: Drugs and drug abuse. Canada.>> None of the funds
made available in this Act for U.S. Customs and Border Protection may be
used to prevent an individual not in the business of importing a
prescription drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription drug from
Canada that complies with the Federal Food, Drug, and Cosmetic Act:
Provided, That <<NOTE: Applicability.>> this section shall apply only to
individuals transporting on their person a personal-use quantity of the
prescription drug, not to exceed a 90-day supply: Provided further,
That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 531. None of the funds appropriated by this Act may be used to
conduct, or to implement the results of, a competition under Office of
Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 532. <<NOTE: Consultation. Notification.>> The Secretary of
Homeland Security, in consultation with the Secretary of the Treasury,
shall notify the Committees on Appropriations of the Senate and the
House of Representatives of any proposed transfers of funds available
under section 9703.1(g)(4)(B) of title 31, United States Code (as added
by Public Law 102-393) from the Department of the Treasury Forfeiture
Fund to any agency within the Department of Homeland Security:
Provided, That none of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives approve the proposed transfers.
Sec. 533. <<NOTE: National identification card.>> None of the funds
made available in this Act may be used for planning, testing, piloting,
or developing a national identification card.
Sec. 534. <<NOTE: Determination. Certification.>> If the
Administrator of the Transportation Security Administration determines
that an airport does not need to participate in the E-Verify Program as
described in section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), the
Administrator shall certify to
[[Page 127 STAT. 373]]
the Committees on Appropriations of the Senate and the House of
Representatives that no security risks will result from such non-
participation.
Sec. 535. <<NOTE: Deadline. President. Determination. Web
posting. Reports.>> (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date on
which the President determines whether to declare a major disaster
because of an event and any appeal is completed, the Administrator shall
publish on the Web site of the Federal Emergency Management Agency a
report regarding that decision that shall summarize damage assessment
information used to determine whether to declare a major disaster.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) <<NOTE: Definitions.>> In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 536. Any official that is required by this Act to report or to
certify to the Committees on Appropriations of the Senate and the House
of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.
Sec. 537. Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note), as
amended by section 550 of the Department of Homeland Security
Appropriations Act, 2010 (Public Law 111-83), is further amended by
striking ``on October 4, 2012'' and inserting ``on October 4, 2013''.
Sec. 538. <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> None
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer, release, or assist in the transfer or
release to or within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 539. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301.10-124 of title 41,
Code of Federal Regulations.
Sec. 540. <<NOTE: 6 USC 416.>> None of the funds made available in
this or any other Act for fiscal year 2013 and thereafter may be used to
propose or effect a disciplinary or adverse action, with respect to any
Department of Homeland Security employee who engages regularly with the
public in the performance of his or her official duties solely because
that employee elects to utilize protective equipment or measures,
including but not limited to surgical masks, N95 respirators, gloves, or
hand-sanitizers, where use of such equipment or measures is in accord
with Department of Homeland Security policy, and Centers for Disease
Control and Prevention and Office of Personnel Management guidance.
[[Page 127 STAT. 374]]
Sec. 541. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 542. <<NOTE: Privacy.>> (a) Any company that collects or
retains personal information directly from any individual who
participates in the Registered Traveler or successor program of the
Transportation Security Administration shall safeguard and dispose of
such information in accordance with the requirements in--
(1) the National Institute for Standards and Technology
Special Publication 800-30, entitled ``Risk Management Guide for
Information Technology Systems'';
(2) the National Institute for Standards and Technology
Special Publication 800-53, Revision 3, entitled ``Recommended
Security Controls for Federal Information Systems and
Organizations''; and
(3) any supplemental standards established by the
Administrator of the Transportation Security Administration
(referred to in this section as the ``Administrator'').
(b) The airport authority or air carrier operator that sponsors the
company under the Registered Traveler program shall be known as the
``Sponsoring Entity''.
(c) <<NOTE: Deadline. Certification.>> The Administrator shall
require any company covered by subsection (a) to provide, not later than
30 days after the date of enactment of this Act, to the Sponsoring
Entity written certification that the procedures used by the company to
safeguard and dispose of information are in compliance with the
requirements under subsection (a). Such certification shall include a
description of the procedures used by the company to comply with such
requirements.
Sec. 543. <<NOTE: Contracts.>> Notwithstanding any other provision
of this Act, none of the funds appropriated or otherwise made available
by this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or
performance that does not meet the basic requirements of a contract.
Sec. 544. <<NOTE: Deadline. Reports.>> (a) Not later than 180 days
after the date of enactment of this Act, the Administrator of the
Transportation Security Administration shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, a report
that either--
(1) <<NOTE: Certification.>> certifies that the requirement
for screening all air cargo on passenger aircraft by the
deadline under section 44901(g) of title 49, United States Code,
has been met; or
(2) includes a strategy to comply with the requirements
under title 44901(g) of title 49, United States Code,
including--
(A) a plan to meet the requirement under section
44901(g) of title 49, United States Code, to screen 100
percent of air cargo transported on passenger aircraft
arriving in the United States in foreign air
transportation (as that term is defined in section 40102
of that title); and
(B) specification of--
(i) the percentage of such air cargo that is
being screened; and
(ii) the schedule for achieving screening of
100 percent of such air cargo.
[[Page 127 STAT. 375]]
(b) <<NOTE: Reports. Deadline. Certification.>> The Administrator
shall continue to submit reports described in subsection (a)(2) every
180 days thereafter until the Administrator certifies that the
Transportation Security Administration has achieved screening of 100
percent of such air cargo.
Sec. 545. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such processes take
into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 546. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, $7,500,000 shall be allocated by United States Citizenship
and Immigration Services in fiscal year 2013 for the purpose of
providing an immigrant integration grants program.
(b) For an additional amount for ``United States Citizenship and
Immigration Services'' for the purpose of providing immigrant
integration grants, $2,500,000.
(c) None of the funds made available to United States Citizenship
and Immigration Services for grants for immigrant integration may be
used to provide services to aliens who have not been lawfully admitted
for permanent residence.
Sec. 547. For an additional amount for necessary expenses for
reimbursement of the actual costs to State and local governments for
providing emergency management, public safety, and security at events,
as determined by the Administrator of the Federal Emergency Management
Agency, related to the presence of a National Special Security Event,
$5,000,000, to remain available until September 30, 2014.
Sec. 548. Notwithstanding the 10 percent limitation contained in
section 503(c) of this Act, the Secretary of Homeland Security may
transfer to the fund established by 8 U.S.C. 1101 note, up to
$20,000,000 from appropriations available to the Department of
Homeland <<NOTE: Notification. Deadline.>> Security: Provided, That the
Secretary shall notify the Committees on Appropriations of the Senate
and the House of Representatives 5 days in advance of such transfer.
Sec. 549. <<NOTE: Contracts.>> None of the funds appropriated or
otherwise made available by this Act may be used by the Department of
Homeland Security to enter into any Federal contract unless such
contract is entered into in accordance with the requirements of subtitle
I of title 41, United States Code or chapter 137 of title 10, United
States Code, and the Federal Acquisition Regulation, unless such
contract is otherwise authorized by statute to be entered into without
regard to the above referenced statutes.
Sec. 550. (a) For an additional amount for data center migration,
$55,000,000.
(b) Funds made available in subsection (a) for data center migration
may be transferred by the Secretary of Homeland Security between
appropriations for the same purpose, notwithstanding section 503 of this
Act.
(c) <<NOTE: Deadline. Notification.>> No transfer described in
subsection (b) shall occur until 15 days after the Committees on
Appropriations of the Senate and the House of Representatives are
notified of such transfer.
Sec. 551. <<NOTE: Determination. Detention facilities. Real
property.>> Notwithstanding any other provision of law, if the Secretary
of Homeland Security determines that specific U.S. Immigration and
Customs Enforcement Service Processing Centers
[[Page 127 STAT. 376]]
or other U.S. Immigration and Customs Enforcement owned detention
facilities no longer meet the mission need, the Secretary is authorized
to dispose of individual Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention facilities by
directing the Administrator of General Services to sell all real and
related personal property which support Service Processing Centers or
other U.S. Immigration and Customs Enforcement owned detention
facilities, subject to such terms and conditions as necessary to protect
Government interests and meet program requirements: Provided, That the
proceeds, net of the costs of sale incurred by the General Services
Administration and U.S. Immigration and Customs Enforcement, shall be
deposited as offsetting collections into a separate account that shall
be available, subject to appropriation, until expended for other real
property capital asset needs of existing U.S. Immigration and Customs
Enforcement assets, excluding daily operations and maintenance costs, as
the Secretary deems appropriate: Provided further, That any sale or
collocation of federally owned detention facilities shall not result in
the maintenance of fewer than 34,000 detention beds: Provided further,
That <<NOTE: Notification. Deadline.>> the Committees on Appropriations
of the Senate and the House of Representatives shall be notified 15 days
prior to the announcement of any proposed sale or collocation.
Sec. 552. For an additional amount for the ``Office of the Under
Secretary for Management'', $29,000,000, to remain available until
expended, for necessary expenses to plan, acquire, design, construct,
renovate, remediate, equip, furnish, improve infrastructure, and occupy
buildings and facilities for the department headquarters consolidation
project and associated mission support consolidation: Provided,
That <<NOTE: Expenditure plan. Deadline.>> the Committees on
Appropriations of the Senate and the House of Representatives shall
receive an expenditure plan not later than 90 days after the date of
enactment of this Act detailing the allocation of these funds.
Sec. 553. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a).
Sec. 554. <<NOTE: ACORN.>> None of the funds made available under
this Act or any prior appropriations Act may be provided to the
Association of Community Organizations for Reform Now (ACORN), or any of
its affiliates, subsidiaries, or allied organizations.
Sec. 555. <<NOTE: Deadlines. Plans.>> The Commissioner of U.S.
Customs and Border Protection and the Assistant Secretary of Homeland
Security for U.S. Immigration and Customs Enforcement shall, with
respect to fiscal years 2013, 2014, 2015, and 2016, submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget proposal for
fiscal year 2014 is submitted pursuant to the requirements of section
1105(a) of title 31, United States Code, the information required in the
multi-year investment and management plans required, respectively, under
the headings U.S. Customs and Border Protection, ``Salaries and
Expenses'' under title II of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74), and U.S. Customs and
Border Protection, ``Border Security Fencing, Infrastructure, and
Technology'' under such title, and section 568 of such Act.
[[Page 127 STAT. 377]]
Sec. 556. The Secretary of Homeland Security shall ensure
enforcement of immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
Sec. 557. (a) <<NOTE: Contracts. 14 USC 577 note.>> Notwithstanding
Office of Management and Budget Circular A-11, funds made available in
fiscal year 2013, or any fiscal year thereafter, under Department of
Homeland Security, Coast Guard, ``Acquisition, Construction, and
Improvements'' for--
(1) long lead time materials, components, and designs of a
vessel of the Coast Guard shall be immediately available and
allotted to make a contract award notwithstanding the
availability of funds for production, outfitting, post-delivery
activities, and spare or repair parts; and
(2) production of a vessel of the Coast Guard shall be
immediately available and allotted to make a contract award
notwithstanding the availability of funds for outfitting, post-
delivery activities, and spare or repair parts.
(b) The Secretary of Homeland Security shall develop fiscal policy
that prescribes Coast Guard budgetary policies, procedures and technical
direction necessary to comply with subsection (a) of this section and
consistent with the Department of Defense Financial Management
Regulation (Volume 2A, Chapter 1 C. Procedures for Full Funding) to
include the costs associated with outfitting and post-delivery
activities; spare and repair parts; and long lead time materials. The
requirement set forth in this section shall not preclude the immediate
availability or allotment of funds for fiscal year 2013, pursuant to
subsection (a).
(c) <<NOTE: Definitions.>> In this section--
(1) the term ``long lead time items'' means components,
parts, material, or effort which must be procured in advance of
the production award in order to maintain the production
schedule;
(2) the term ``outfitting'' means procurement or
installation of onboard repair parts, other secondary items,
equipage, and recreation items; precommissioning crew support;
general use consumables furnished to the shipbuilder; the
fitting out activity to fill a vessel's initial allowances; and
contractor-furnished spares; and
(3) the term ``post-delivery activities'' means design,
planning, Government-furnished material, and related labor for
non-production and non-long lead time items contract activities
and other work, including certifications, full operational
capability activities and other equipment installation; spares,
logistics, technical analysis, and support; correction of
Government-responsible defects and deficiencies identified
during builders trials, acceptance trials, and testing during
the post-delivery period; costs of all work required to correct
defects or deficiencies identified during the post-delivery
period; and costs of all work required to correct trial card
deficiencies on a vessel of a particular class, as well as on
subsequent vessels of that class (whether or not delivered)
until the corrective action for that cutter class is completed.
Sec. 558. <<NOTE: Deadlines. 44 USC 3541 note.>> (a) Of the amounts
made available by this Act for National Protection and Programs
Directorate, ``Infrastructure Protection and Information Security'',
$202,000,000 for the ``Federal Network Security'' program, project, and
activity shall be used to deploy on Federal systems technology to
improve the information
[[Page 127 STAT. 378]]
security of agency information systems covered by section 3543(a) of
title 44, United States Code: Provided, That funds made available under
this section shall be used to assist and support Government-wide and
agency-specific efforts to provide adequate, risk-based, and cost-
effective cybersecurity to address escalating and rapidly evolving
threats to information security, including the acquisition and operation
of a continuous monitoring and diagnostics program, in collaboration
with departments and agencies, that includes equipment, software, and
Department of Homeland Security supplied services: Provided further,
That <<NOTE: Reports.>> not later than April 1, 2013, and quarterly
thereafter, the Under Secretary of Homeland Security of the National
Protection and Programs Directorate shall submit to the Committees on
Appropriations of the Senate and House of Representatives a report on
the obligation and expenditure of funds made available under this
section: Provided further, That continuous monitoring and diagnostics
software procured by the funds made available by this section shall not
transmit to the Department of Homeland Security any personally
identifiable information or content of network communications of other
agencies' users: Provided further, That such software shall be
installed, maintained, and operated in accordance with all applicable
privacy laws and agency-specific policies regarding network content.
(b) Funds made available under this section may not be used to
supplant funds provided for any such system within an agency budget.
(c) <<NOTE: Expenditure plans.>> Not later than July 1, 2013, the
heads of all Federal agencies shall submit to the Committees on
Appropriations of the Senate and House of Representatives expenditure
plans for necessary cybersecurity improvements to address known
vulnerabilities to information systems described in subsection (a).
(d) <<NOTE: Reports.>> Not later than October 1, 2013, and quarterly
thereafter, the head of each Federal agency shall submit to the Director
of the Office of Management and Budget a report on the execution of the
expenditure plan for that agency required by subsection (c): Provided,
That the Director of the Office of Management and Budget shall summarize
such execution reports and annually submit such summaries to Congress in
conjunction with the annual progress report on implementation of the E-
Government Act of 2002 (Public Law 107-347), as required by section 3606
of title 44, United States Code.
(e) <<NOTE: Applicability.>> This section shall not apply to the
legislative and judicial branches of the Federal Government and shall
apply to all Federal agencies within the executive branch except for the
Department of Defense, the Central Intelligence Agency, and the Office
of the Director of National Intelligence.
Sec. 559. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 560. <<NOTE: Contracts. Time period.>> (a) Notwithstanding
sections 58c(e) and 1451 of title 19, United States Code, upon the
request of any persons, the Commissioner of U.S. Customs and Border
Protection may enter into reimbursable fee agreements for a period of up
to 5 years
[[Page 127 STAT. 379]]
with such persons for the provision of U.S. Customs and Border
Protection services and any other costs incurred by U.S. Customs and
Border Protection relating to such services. Such requests may include
additional U.S. Customs and Border Protection services at existing U.S.
Customs and Border Protection-serviced facilities (including but not
limited to payment for overtime), the provision of U.S. Customs and
Border Protection services at new facilities, and expanded U.S. Customs
and Border Protection services at land border facilities.
(1) <<NOTE: Deadline.>> By December 31, 2013, the
Commissioner may enter into not more than 5 agreements under
this section.
(2) The Commissioner shall not enter into such an agreement
if it would unduly and permanently impact services funded in
this or any other appropriations Acts, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees.
(b) Funds collected pursuant to any agreement entered into under
this section shall be deposited in a newly established account as
offsetting collections and remain available until expended, without
fiscal year limitation, and shall directly reimburse each appropriation
for the amount paid out of that appropriation for any expenses incurred
by U.S. Customs and Border Protection in providing U.S. Customs and
Border Protection services and any other costs incurred by U.S. Customs
and Border Protection relating to such services.
(c) The amount of the fee to be charged pursuant to an agreement
authorized under subsection (a) of this section shall be paid by each
person requesting U.S. Customs and Border Protection services and shall
include, but shall not be limited to, the salaries and expenses of
individuals employed by U.S. Customs and Border Protection to provide
such U.S. Customs and Border Protection services and other costs
incurred by U.S. Customs and Border Protection relating to those
services, such as temporary placement or permanent relocation of those
individuals.
(d) <<NOTE: Termination. Notification.>> U.S. Customs and Border
Protection shall terminate the provision of services pursuant to an
agreement entered into under subsection (a) with a person that, after
receiving notice from the Commissioner that a fee imposed under
subsection (a) is due, fails to pay the fee in a timely manner. In the
event of such termination, all costs incurred by U.S. Customs and Border
Protection, which have not been reimbursed, will become immediately due
and payable. Interest on unpaid fees will accrue based on current U.S.
Treasury borrowing rates. Additionally, any person who, after notice and
demand for payment of any fee charged under subsection (a) of this
section, fails to pay such fee in a timely manner shall be liable for a
penalty or liquidated damage equal to two times the amount of the fee.
Any amount collected pursuant to any agreement entered into under this
subsection shall be deposited into the account specified under
subsection (b) of this section and shall be available as described
therein.
(e) Each facility at which such U.S. Customs and Border Protection
services are performed shall provide, maintain, and equip, without cost
to the Government, facilities in accordance with U.S. Customs and Border
Protection specifications.
(f) The authority found in this section may not be used to enter
into agreements to expand or begin to provide U.S. Customs and Border
Protection services outside of the United States.
[[Page 127 STAT. 380]]
(g) The authority found in this section may not be used at existing
U.S. Customs and Border Protection-serviced air facilities to enter into
agreements for costs other than payment of overtime.
(h) <<NOTE: Notification. Deadline. Records.>> The Commissioner
shall notify the appropriate Committees of Congress 15 days prior to
entering into any agreement under the authority of this section and
shall provide a copy of the agreement to the appropriate Committees of
Congress.
(i) <<NOTE: Definitions.>> For purposes of this section the terms:
(1) U.S. Customs and Border Protection ``services'' means
any activities of any employee or contractor of U.S. Customs and
Border Protection pertaining to customs and immigration
inspection-related matters.
(2) ``Person'' means any natural person or any corporation,
partnership, trust, association, or any other public or private
entity, or any officer, employee, or agent thereof.
(3) ``Appropriate Committees of Congress'' means the
Committees on Appropriations; Finance; Judiciary; and Homeland
Security and Governmental Affairs of the Senate and the
Committees on Appropriations; Judiciary; Ways and Means; and
Homeland Security of the House of Representatives.
Sec. 561. <<NOTE: Firearms.>> None of the funds made available
under this Act may be used by a Federal law enforcement officer to
facilitate the transfer of an operable firearm to an individual if the
Federal law enforcement officer knows or suspects that the individual is
an agent of a drug cartel unless law enforcement personnel of the United
States continuously monitor or control the firearm at all times.
Sec. 562. <<NOTE: Obligation availability. Deadline.>> Twenty
percent of each of the appropriations provided in this Act for the
``Office of the Secretary and Executive Management'', the ``Office of
the Under Secretary for Management'', and the ``Office of the Chief
Financial Officer'' shall be withheld from obligation until the reports
and plans required in this Act to be submitted on or before May 1, 2013,
are received by the Committees on Appropriations of the Senate and the
House of Representatives.
Sec. 563. <<NOTE: Time period. 8 USC 1154 note.>> Notwithstanding
any other provision of this Act or any other provision of law, during
the period beginning on October 1, 2013, and ending on September 30,
2014, section 204(a)(1)(I) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(I)) is amended by adding at the end the following:
``(iv) Each petition to compete for
consideration for a visa under section 1153(c) of
this title shall be accompanied by a fee equal to
$30. All amounts collected under this clause shall
be deposited into the Treasury as miscellaneous
receipts.'':
Provided, <<NOTE: Consultation. Reports. Deadline.>> That the
Department of State, in consultation with the Department of Homeland
Security, shall report to the Committees on Appropriations of the Senate
and the House of Representatives not later than 90 days after the date
of enactment of this Act on the steps being taken to implement the
recommendations of GAO-07-1174.
Sec. 564. <<NOTE: Cancellation. Loans.>> The Administrator of the
Federal Emergency Management Agency shall cancel the liquidated balances
of all remaining uncancelled or partially cancelled loans disbursed
under the Community Disaster Loan Act of 2005 (Public Law 109-88) and
the Emergency Supplemental Appropriations Act for Defense, the Global
War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234), as
amended by section 4502 of the U.S. Troop Readiness,
[[Page 127 STAT. 381]]
Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations
Act, 2007 (Public Law 110-28) to the extent that revenues of the local
government during the period following the major disaster are
insufficient to meet the budget of the local government, including
additional disaster-related expenses of a municipal character. In
calculating a community's revenues while determining cancellation, the
Administrator shall exclude revenues for special districts and any other
revenues that are required by law to be disbursed to other units of
local government or used for specific purposes more limited than the
scope allowed by the General Fund. In calculating a community's
expenses, the Administrator shall include disaster-related capital
expenses for which the community has not been reimbursed by Federal or
insurance proceeds, debt service expenses, and accrued but unpaid
uncompensated absences (vacation and sick pay). In calculating the
operating deficit of the local government, the Administrator shall also
consider all interfund transfers. When considering the period following
the disaster, the Administrator may consider a period of 3, 5, or 7 full
fiscal years after the disaster, beginning on the date of the
declaration, in determining eligibility for cancellation. The criteria
for cancellation do not apply to those loans
already <<NOTE: Deadlines. Determinations. Appeals.>> cancelled in full.
Applicants shall submit supplemental documentation in support of their
applications for cancellation on or before April 30, 2014, and the
Administrator shall issue determinations and resolve any appeals on or
before April 30, 2015. Loans not cancelled <<NOTE: Deadline.>> in full
shall be repaid not later than September 30, 2035. The Administrator may
use funds provided under Public Law 109-88 to reimburse those
communities that have repaid all or a portion of loans, including
interest, provided as Special Community Disaster Loans under Public Law
109-88 or Public Law 109-234, as amended by section 4502 of Public Law
110-28. Further, the Administrator may use funds provided under Public
Law 109-88 for necessary expenses to carry out this provision.
Sec. 565. <<NOTE: Review. Deadline.>> The Inspector General shall
review the applications for public assistance provided through the
Disaster Relief Fund with a project cost that exceeds $10,000,000 and
the resulting decisions issued by the Federal Emergency Management
Agency for category A debris removal for DR-1786 upon receipt of a
request from an applicant made no earlier than 90 days after filing an
appeal with the Federal Emergency Management Agency without regard to
whether the Administrator of the Federal Emergency Management Agency has
issued a final agency determination on the application for assistance:
Provided, That not <<NOTE: Deadline. Determination. Claims.>> later than
180 days after the date of such request, the Inspector General shall
determine whether the Federal Emergency Management Agency correctly
applied its rules and regulations to determine eligibility of the
applicant's claim: Provided <<NOTE: Deadline.>> further, That if the
Inspector General finds that the Federal Emergency Management Agency
determinations related to eligibility and cost involved a misapplication
of its rules and regulations, the applicant may submit the dispute to
the arbitration process established under the authority granted under
section 601 of Public Law 111-5 not later than 15 days after the date of
issuance of the Inspector General's finding in the previous proviso:
Provided further, That if the Inspector General finds that the Federal
Emergency Management Agency provided unauthorized funding, that the
Federal Emergency Management Agency shall take corrective action.
[[Page 127 STAT. 382]]
Sec. 566. None of the funds provided in this or any other Act may
be obligated to implement the National Preparedness Grant Program or any
other successor grant programs unless explicitly authorized by Congress.
Sec. 567. None of the funds made available by this Act may be used
to provide funding for the position of Public Advocate within U.S.
Immigration and Customs Enforcement.
Sec. 568. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in a
National Special Security Event.
Sec. 569. <<NOTE: Determination. Notification. Deadline.>> None of
the funds made available in this Act may be used to pay for the travel
to or attendance of more than 50 employees of a single component of the
Department of Homeland Security, who are stationed in the United States,
at a single international conference unless the Secretary of Homeland
Security determines that such attendance is in the national interest and
notifies the Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that <<NOTE: Definition.>> determination: Provided, That for
purposes of this section the term ``international conference'' shall
mean a conference occurring outside of the United States attended by
representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
(rescissions)
Sec. 570. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended:
(1) $1,800,000 from Public Law 112-74 under the heading
``Analysis and Operations'';
(2) $73,232,000 from funds made available in Public Law 112-
10 and Public Law 112-74 under the heading U.S. Customs and
Border Protection, ``Border Security Fencing, Infrastructure,
and Technology'';
(3) $3,108,311 from unobligated prior year balances from
U.S. Immigration and Customs Enforcement, ``Construction'';
(4) $25,000,000 from Public Law 110-329 under the heading
Coast Guard ``Acquisition, Construction, and Improvements'';
(5) $43,000,000 from Public Law 111-83 under the heading
Coast Guard ``Acquisition, Construction, and Improvements'';
(6) $63,500,000 from Public Law 112-10 under the heading
Coast Guard ``Acquisition, Construction, and Improvements'';
(7) $23,000,000 from Public Law 112-74 under the heading
Coast Guard ``Acquisition, Construction, and Improvements''; and
(8) $21,667,000 from Public Law 112-74 under the heading
Transportation Security Administration, ``Surface Transportation
Security''.
[[Page 127 STAT. 383]]
(rescission)
Sec. 571. Of the funds provided in Public Law 110-161, Public Law
110-329, and Public Law 111-83, under the heading ``National Predisaster
Mitigation Fund'' for congressionally directed spending items,
$12,000,000 are rescinded from projects for which no applications were
submitted or from projects which were completed for an amount less than
that appropriated.
(rescissions)
Sec. 572. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following funds are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $199,657 from ``Operations'';
(2) $445,328 from U.S. Customs and Border Protection
``Salaries and Expenses'';
(3) $63,045 from U.S. Customs and Border Protection
``Violent Crime Reduction Programs'';
(4) $86,597 from U.S. Immigration and Customs Enforcement
``Violent Crime Reduction Programs'';
(5) $1,739 from Coast Guard ``Acquisition, Construction, and
Improvements'';
(6) $1,329,239 from Federal Emergency Management Agency
``Office of Domestic Preparedness'';
(7) $3,262,677 from Federal Emergency Management Agency
``National Predisaster Mitigation Fund''; and
(8) $2,291,844 from Transportation Security Administration
``Administration''.
(rescissions)
Sec. 573. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2012 (Public Law
112-74; 125 Stat. 984) are rescinded:
(1) $314,674 from ``Office of the Secretary and Executive
Management'';
(2) $185,813 from ``Office of the Under Secretary for
Management'';
(3) $114,391 from ``Office of the Chief Financial Officer'';
(4) $59,507 from ``Office of the Chief Information
Officer'';
(5) $568,188 from ``Analysis and Operations'';
(6) $45,525 from ``Office of Inspector General'';
(7) $568,480 from U.S. Customs and Border Protection
``Salaries and Expenses'';
(8) $3,581,483 from U.S. Immigration and Customs Enforcement
``Salaries and Expenses'';
(9) $1,075,942 from Transportation Security Administration
``Federal Air Marshals'';
(10) $18,142,454 from Coast Guard ``Operating Expenses'';
(11) $991,520 from Coast Guard ``Reserve Training'';
(12) $1,033,599 from Coast Guard ``Acquisition,
Construction, and Improvements'';
(13) $2,371,377 from United States Secret Service ``Salaries
and Expenses'';
[[Page 127 STAT. 384]]
(14) $82,084 from National Protection and Programs
Directorate ``Management and Administration'';
(15) $1,683,470 from National Protection and Programs
Directorate ``Infrastructure Protection and Information
Security'';
(16) $184,583 from National Protection and Programs
Directorate ``United States Visitor and Immigrant Status
Indicator Technology'';
(17) $259,874 from Federal Emergency Management Agency
``Salaries and Expenses'';
(18) $206,722 from Federal Emergency Management Agency
``State and Local Programs'';
(19) $450,017 from Office of Health Affairs;
(20) $205,799 from United States Citizenship and Immigration
Services;
(21) $512,660 from Federal Law Enforcement Training Center
``Salaries and Expenses'';
(22) $244,553 from Science and Technology ``Management and
Administration''; and
(23) $128,565 from Domestic Nuclear Detection Office
``Management and Administration''.
Sec. 574. <<NOTE: Deadline. Reports.>> Fourteen days after the
Secretary of Homeland Security submits a report required under this
division to the Committees on Appropriations of the Senate and the House
of Representatives, the Secretary shall submit a copy of that report to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2013''.
DIVISION E-- <<NOTE: Military Construction and Veterans Affairs, and
Related Agencies Appropriations Act, 2013.>> MILITARY CONSTRUCTION AND
VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal year
ending September 30, 2013, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the functions of the Commander
in Chief, $1,684,323,000, to remain available until
September <<NOTE: Determination. Notification.>> 30, 2017: Provided,
That of this amount, not to exceed $80,173,000 shall be available for
study, planning, design, architect and engineer services, and host
nation support, as authorized by law, unless the Secretary of Army
determines
[[Page 127 STAT. 385]]
that additional obligations are necessary for such purposes and notifies
the Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,549,164,000, to remain available until September 30,
2017: Provided, That of <<NOTE: Determination. Notification.>> this
amount, not to exceed $102,619,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$322,543,000, to remain available until September 30, 2017: Provided,
That of this <<NOTE: Determination. Notification.>> amount, not to
exceed $18,635,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$3,582,423,000, to remain available until September 30, 2017: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided further, That of
the <<NOTE: Determination. Notification.>> amount appropriated, not to
exceed $315,562,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the amount appropriated,
notwithstanding any other provision of law, $26,969,000 shall be
available for payments to the North Atlantic
[[Page 127 STAT. 386]]
Treaty Organization for the planning, design, and construction of a new
North Atlantic Treaty Organization headquarters.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $613,799,000, to remain available until September
30, 2017: Provided, That of
the <<NOTE: Determination. Notification.>> amount appropriated, not to
exceed $26,622,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $42,386,000, to remain available until September 30,
2017: Provided, That of
the <<NOTE: Determination. Notification.>> amount appropriated, not to
exceed $4,000,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 1803 of title 10, United States Code,
and Military Construction Authorization Acts, $305,846,000, to remain
available <<NOTE: Determination. Notification.>> until September 30,
2017: Provided, That of the amount appropriated, not to exceed
$15,951,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the Chief
of the Army Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $49,532,000, to remain available until September 30,
2017: Provided, That <<NOTE: Determination. Notification.>> of the
amount appropriated, not to exceed $2,118,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized
[[Page 127 STAT. 387]]
by law, unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $10,979,000, to
remain available <<NOTE: Determination. Notification.>> until September
30, 2017: Provided, That of the amount appropriated, not to exceed
$2,879,000 shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the Chief of the Air
Force Reserve determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $254,163,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $4,641,000, to remain available until
September 30, 2017.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $530,051,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $102,182,000, to remain
available until September 30, 2017.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing,
[[Page 127 STAT. 388]]
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $378,230,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $83,824,000, to remain available until
September 30, 2017.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $497,829,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $52,238,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$1,786,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, as currently authorized by law, $151,000,000,
to remain available until September 30, 2017, which shall be only for
the Assembled Chemical Weapons Alternatives program.
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure Account
1990, established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $409,396,000, to remain
available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account
2005, established by section 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $126,697,000, to remain
available <<NOTE: Notification. Deadline.>> until expended: Provided,
That the Department of Defense shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to obligating
[[Page 127 STAT. 389]]
an amount for a construction project that exceeds or reduces the amount
identified for that project in the most recently submitted budget
request for this account by 20 percent or $2,000,000, whichever is less:
Provided further, That the previous proviso shall not apply to projects
costing less than $5,000,000, except for those projects not previously
identified in any budget submission for this account and exceeding the
minor construction threshold under section 2805 of title 10, United
States Code.
Administrative Provisions
Sec. 101. <<NOTE: Contracts.>> None of the funds made available in
this title shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000, to be
performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
Sec. 102. Funds made available in this title for construction shall
be available for hire of passenger motor vehicles.
Sec. 103. <<NOTE: Certification.>> Funds made available in this
title for construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the construction of
access roads as authorized by section 210 of title 23, United States
Code, when projects authorized therein are certified as important to the
national defense by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise determined
by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which funds
have been made available in annual Acts making appropriations for
military construction.
Sec. 107. <<NOTE: Notification.>> None of the funds made available
in this title for minor construction may be used to transfer or relocate
any activity from one base or installation to another, without prior
notification to the Committees on Appropriations of both Houses of
Congress.
Sec. 108. <<NOTE: Steel.>> None of the funds made available in this
title may be used for the procurement of steel for any construction
project or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such steel
procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
[[Page 127 STAT. 390]]
Sec. 110. <<NOTE: Notification.>> None of the funds made available
in this title may be used to initiate a new installation overseas
without prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 111. <<NOTE: Contracts. Japan.>> None of the funds made
available in this title may be obligated for architect and engineer
contracts estimated by the Government to exceed $500,000 for projects to
be accomplished in Japan, in any North Atlantic Treaty Organization
member country, or in countries bordering the Arabian Sea, unless such
contracts are awarded to United States firms or United States firms in
joint venture with host nation firms.
Sec. 112. <<NOTE: Contracts. Kwajalein Atoll.>> None of the funds
made available in this title for military construction in the United
States territories and possessions in the Pacific and on Kwajalein
Atoll, or in countries bordering the Arabian Sea, may be used to award
any contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be applicable
to contract awards for which the lowest responsive and responsible bid
of a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the lowest
responsive and responsible bid is submitted by a Marshallese contractor.
Sec. 113. <<NOTE: Notification. Military exercise. Deadline.>> The
Secretary of Defense shall inform the appropriate committees of both
Houses of Congress, including the Committees on Appropriations, of plans
and scope of any proposed military exercise involving United States
personnel 30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to exceed
$100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. Not more than 20 percent of the funds made available in
this title which are limited for obligation during the current fiscal
year shall be obligated during the last 2 months of the fiscal year.
Sec. 116. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
[[Page 127 STAT. 391]]
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
to be merged with, and to be available for the same purposes and the
same time period as that account.
(including transfer of funds)
Sec. 119. <<NOTE: Deadline. Notification.>> Subject to 30 days
prior notification, or 14 days for a notification provided in an
electronic medium pursuant to sections 480 and 2883 of title 10, United
States Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the Secretary
of Defense may be transferred to: (1) the Department of Defense Family
Housing Improvement Fund from amounts appropriated for construction in
``Family Housing'' accounts, to be merged with and to be available for
the same purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in
``Military Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available to cover
the costs, as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the Department of
Defense pursuant to the provisions of subchapter IV of chapter 169 of
title 10, United States Code, pertaining to alternative means of
acquiring and improving military family housing, military unaccompanied
housing, and supporting facilities.
(including transfer of funds)
Sec. 120. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the accounts
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged
with and be available for the same purposes and for the same time period
as the fund to which transferred.
Sec. 121. <<NOTE: 10 USC 2821 note.>> Notwithstanding any other
provision of law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including general or
flag officer quarters: Provided,
That <<NOTE: Deadline. Notification.>> not more than $35,000 per unit
may be spent annually for the maintenance and repair of any general
[[Page 127 STAT. 392]]
or flag officer quarters without 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to sections
480 and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, except that an after-the-fact
notification shall be submitted if the limitation is exceeded solely due
to costs associated with environmental remediation that could not be
reasonably anticipated at the time of the budget submission:
Provided <<NOTE: Reports. Deadline.>> further, That the Under Secretary
of Defense (Comptroller) is to report annually to the Committees on
Appropriations of both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer quarters for
the prior fiscal year.
Sec. 122. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United States
Code, are appropriated and shall be available until expended for the
purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
Sec. 123. <<NOTE: Certification.>> None of the funds made available
in this title, or in any Act making appropriations for military
construction which remain available for obligation, may be obligated or
expended to carry out a military construction, land acquisition, or
family housing project at or for a military installation approved for
closure, or at a military installation for the purposes of supporting a
function that has been approved for realignment to another installation,
in 2005 under the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), unless such
a project at a military installation approved for realignment will
support a continuing mission or function at that installation or a new
mission or function that is planned for that installation, or unless the
Secretary of Defense certifies that the cost to the United States of
carrying out such project would be less than the cost to the United
States of cancelling such project, or if the project is at an active
component base that shall be established as an enclave or in the case of
projects having multi-agency use, that another Government agency has
indicated it will assume ownership of the completed project. The
Secretary of Defense may not transfer funds made available as a result
of this limitation from any military construction project, land
acquisition, or family housing project to another account or use such
funds for another purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This section
shall not apply to military construction projects, land acquisition, or
family housing projects for which the project is vital to the national
security or the protection of health, safety, or
environmental <<NOTE: Notification. Deadline.>> quality: Provided, That
the Secretary of Defense shall notify the congressional defense
committees within seven days of a decision to carry out such a military
construction project.
(including transfer of funds)
Sec. 124. <<NOTE: Time period. Determination.>> During the 5-year
period after appropriations available in this Act to the Department of
Defense for military construction and family housing operation and
maintenance and construction have expired for obligation, upon a
determination that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments to such
appropriations for
[[Page 127 STAT. 393]]
obligations incurred during the period of availability of such
appropriations, unobligated balances of such appropriations may be
transferred into the appropriation ``Foreign Currency Fluctuations,
Construction, Defense'', to be merged with and to be available for the
same time period and for the same purposes as the appropriation to which
transferred.
Sec. 125. None of the funds made available by this Act may be used
by the Secretary of Defense to take beneficial occupancy of more than
2,500 parking spaces (other than handicap-reserved spaces) to be
provided by the BRAC 133 <<NOTE: Waiver authority. Certification. Time
period. Notification. Deadline.>> project: Provided, That this
limitation may be waived in part if: (1) the Secretary of Defense
certifies to Congress that levels of service at existing intersections
in the vicinity of the project have not experienced failing levels of
service as defined by the Transportation Research Board Highway Capacity
Manual over a consecutive 90-day period; (2) the Department of Defense
and the Virginia Department of Transportation agree on the number of
additional parking spaces that may be made available to employees of the
facility subject to continued 90-day traffic monitoring; and (3) the
Secretary of Defense notifies the congressional defense committees in
writing at least 14 days prior to exercising this waiver of the number
of additional parking spaces to be made available.
Sec. 126. <<NOTE: Colorado.>> None of the funds made available by
this Act may be used for any action that relates to or promotes the
expansion of the boundaries or size of the Pinon Canyon Maneuver Site,
Colorado.
Sec. 127. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred among
projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 128. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used by the Secretary of the
Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the total
number of civilian employees of the Department of the Army and
Army contractor personnel employed exceeds 10 percent of the
total number of members of the regular and reserve components of
the Army assigned to the installation.
(b) <<NOTE: Certification.>> Exception.--Subsection (a) shall not
apply if the Secretary of the Army certifies to the congressional
defense committees that in proposing the relocation of the unit of the
Army, the Secretary complied with Army Regulation 5-10 relating to the
policy, procedures, and responsibilities for Army stationing actions.
Sec. 129. Notwithstanding any other provision of law, none of the
funds made available to the Department of Defense for military
construction in this or any other Act, may be obligated or expended for
planning and design and construction of projects at Arlington National
Cemetery.
[[Page 127 STAT. 394]]
(including rescission of funds)
Sec. 130. Of the unobligated balances available for ``Military
Construction, Defense-Wide'', from prior appropriations Acts,
$20,000,000 are hereby cancelled: Provided, That no amounts may be
cancelled from amounts that were designated by Congress as an emergency
requirement or for Overseas Contingency Operations/Global War on
Terrorism pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
(including rescission of funds)
Sec. 131. Of the unobligated balances available for ``Department of
Defense Base Closure Account 2005'', from prior appropriations Acts,
$132,513,000 are hereby cancelled: Provided, That no amounts may be
cancelled from amounts that were designated by Congress as an emergency
requirement or for Overseas Contingency Operations/Global War on
Terrorism pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
(including transfer of funds)
Sec. 132. Of the proceeds credited to the Department of Defense
Family Housing Improvement Fund pursuant to subsection (c)(1)(C) of
section 2883 of title 10, United States Code, from a Department of Navy
land conveyance, the Secretary of Defense shall transfer $10,500,000 to
the Secretary of the Navy under paragraph (3) of subsection (d) of such
section for use by the Secretary of the Navy as provided in paragraph
(1) of such subsection until expended.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by section
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
States Code; pension benefits to or on behalf of veterans as authorized
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
burial benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-service credits
and certificates, payment of premiums due on commercial life insurance
policies guaranteed under the provisions of title IV of the
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for
other benefits as authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$60,599,855,000, to remain available until expended: Provided, That not
to exceed $9,204,000 of the amount appropriated under this heading shall
[[Page 127 STAT. 395]]
be reimbursed to ``General operating expenses, Veterans Benefits
Administration'', ``Medical support and compliance'', and ``Information
technology systems'' for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United States Code,
the funding source for which is specifically provided as the
``Compensation and pensions'' appropriation: Provided further, That
such sums as may be earned on an actual qualifying patient basis, shall
be reimbursed to ``Medical care collections fund'' to augment the
funding of individual medical facilities for nursing home care provided
to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36,
39, 41, 51, 53, 55, and 61 of title 38, United States Code, and for the
payment of benefits under the Veterans Retraining Assistance Program,
$12,023,458,000, to remain available until expended: Provided, That
expenses for rehabilitation program services and assistance which the
Secretary is authorized to provide under subsection (a) of section 3104
of title 38, United States Code, other than under paragraphs (1), (2),
(5), and (11) of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $104,600,000, to remain available until
expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That during fiscal year 2013, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $157,814,000.
vocational rehabilitation loans program account
For the cost of direct loans, $19,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,729,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $346,000, which may be paid to the
[[Page 127 STAT. 396]]
appropriation for ``General operating expenses, Veterans Benefits
Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,089,000.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food services,
and salaries and expenses of healthcare employees hired under title 38,
United States Code, aid to State homes as authorized by section 1741 of
title 38, United States Code, assistance and support services for
caregivers as authorized by section 1720G of title 38, United States
Code, loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$155,000,000, which shall be in addition to funds previously
appropriated under this heading that become available on October 1,
2012; and in addition, $43,557,000,000, plus reimbursements, shall
become available on October 1, 2013, and shall remain available until
September 30, 2014: Provided,
That <<NOTE: Priorities.>> notwithstanding any other provision of law,
the Secretary of Veterans Affairs shall establish a priority for the
provision of medical treatment for veterans who have service-connected
disabilities, lower income, or have <<NOTE: Priorities.>> special needs:
Provided further, That notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment priority
groups 1 <<NOTE: Drugs and drug abuse. Requirements.>> through 6:
Provided further, That notwithstanding any other provision of law, the
Secretary of Veterans Affairs may authorize the dispensing of
prescription drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based on
requirements established by the Secretary: Provided further, That the
implementation of the program described in the previous proviso shall
incur no additional cost to the Department of Veterans Affairs.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
$6,033,000,000, plus reimbursements, shall
[[Page 127 STAT. 397]]
become available on October 1, 2013, and shall remain available until
September 30, 2014.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry services, $4,872,000,000, plus
reimbursements, shall become available on October 1, 2013, and shall
remain available until September 30, 2014.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, $582,674,000, plus reimbursements, shall remain
available until September 30, 2014.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $258,284,000, of which not to exceed
$25,828,000 shall remain available until September 30, 2014:
<<NOTE: Strategy. Urban and rural areas.>> Provided, That none of the
funds under this heading may be used to expand the Urban Initiative
project beyond those sites outlined in the fiscal year 2012 or previous
budget submissions or any other rural strategy, other than the Rural
Initiative included in the fiscal year 2013 budget submission, until the
Secretary of Veterans Affairs submits to the Committees on
Appropriations of both Houses of Congress a strategy to serve the burial
needs of veterans residing in rural and highly rural areas and that
strategy has been approved by the Committees: Provided further, That
the strategy shall include: (1) A review of previous policies of the
National Cemetery Administration regarding establishment of new national
cemeteries, including whether the guidelines of the Administration for
establishing national cemetery annexes remain valid; (2) Data
identifying the number of and geographic areas where rural veterans are
not currently served by national or existing State cemeteries and
identification of areas with the largest unserved populations, broken
down by veterans residing in urban versus rural and highly rural; (3)
Identification of the number of veterans who reside within the 75-mile
radius of a cemetery that is limited to cremations or of a State
cemetery
[[Page 127 STAT. 398]]
which has residency restrictions, as well as an examination of how many
communities that fall under a 75-mile radius have an actual driving
distance greater than 75 miles; (4) Reassessment of the gaps in service,
factoring in the above conditions that limit rural and highly rural
veteran burial options; (5) An assessment of the adequacy of the policy
of the Administration on establishing new cemeteries proposed in the
fiscal year 2013 budget request; (6) Recommendations for an appropriate
policy on new national cemeteries to serve rural or highly rural areas;
(7) Development of a national map showing the locations and number of
all unserved veterans; and (8) A time line for the implementation of
such strategy and cost estimates for using the strategy to establish new
burial sites in at least five rural or highly <<NOTE: Review.>> rural
locations: Provided further, That the Comptroller General of the United
States shall review the strategy to ensure that it includes the elements
listed above: Provided further, That this <<NOTE: Deadline.>> strategy
shall be submitted no later than 180 days after the
date <<NOTE: Guidelines.>> of enactment of this Act: Provided further,
That the Secretary of Veterans Affairs shall issue guidelines on
committal services held at cemeteries under the jurisdiction of the
National Cemetery Administration to ensure that: (1) veterans' families
may arrange to hold committal services with any religious or secular
content they desire; (2) the choice by a family of an honor guard and
the content and presentation of military honors may not be interfered
with; and (3) attendance at committal services by outside organizations
dedicated to the support of veterans will not be constrained except at
the request of family members: Provided further, That the Department
shall not edit, control, or exercise prior restraints on the content of
religious speech and expression by speakers at events at veterans
national cemeteries except as provided in section 2413 of title 38,
United States Code: Provided further, That actions permitted by the
foregoing provisos shall be subject to compliance with Department
security, safety, and law enforcement regulations.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-Wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $424,737,000, of which not to exceed
$20,837,000 shall remain available until September 30, 2014: Provided,
That the Board of Veterans Appeals shall be funded at not less than
$86,006,000: Provided further, That of the funds made available under
this heading, such sums as may be necessary shall be available to the
Secretary of Veterans Affairs to comply with the Department's energy
management requirements under section 543(f)(7) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(f)(7)): Provided further, That
funds provided under this heading may be transferred to ``General
operating expenses, Veterans Benefits Administration''.
[[Page 127 STAT. 399]]
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration for
security guard services, and reimbursement of the Department of Defense
for the cost of overseas employee mail, $2,164,074,000: Provided, That
expenses <<NOTE: Determination.>> for services and assistance authorized
under paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That of the funds
made available under this heading, not to exceed $113,000,000 shall
remain available until September 30, 2014.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said acquisitions,
including contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $3,327,444,000, plus
reimbursements: Provided, That $1,021,000,000 shall be for pay and
associated costs, of which not to exceed $30,630,000 shall remain
available until September 30, 2014: Provided further, That
$1,812,045,000 shall be for operations and maintenance, of which not to
exceed $126,000,000 shall remain available until September 30, 2014:
Provided further, That $494,399,000 shall be for information technology
systems development, modernization, and enhancement, and shall remain
available until September 30, 2014: Provided further,
That <<NOTE: Certification.>> amounts made available for information
technology systems development, modernization, and enhancement may not
be obligated or expended until the Secretary of Veterans Affairs or the
Chief Information Officer of the Department of Veterans Affairs submits
to the Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be obligated and
expended for each development project: Provided further, That amounts
made available for salaries and expenses, operations and maintenance,
and information technology systems development, modernization, and
enhancement may be transferred among the three sub-accounts after the
Secretary of Veterans Affairs requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That amounts made
available for the ``Information technology systems'' account for
development, modernization, and enhancement may be transferred between
projects or to newly defined projects: Provided <<NOTE: Time period.>>
further, That no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the Committees on
Appropriations of both Houses
[[Page 127 STAT. 400]]
of Congress to make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided <<NOTE: Expenditure
plan.>> further, That of the funds provided for information technology
systems development, modernization, and enhancement for the development
of a joint Department of Defense--Department of Veterans Affairs (DOD-
VA) integrated electronic health record (iEHR), not more than 25 percent
may be obligated until the DOD-VA Interagency Program Office submits to
the Committees on Appropriations of both Houses of Congress, and such
Committees approve, a plan for expenditure that: (1) defines the budget
and cost baseline for development of the integrated Electronic Health
Record; (2) identifies the deployment timeline for the system for both
Agencies; (3) breaks out annual and total spending for each Department;
(4) relays detailed cost-sharing business rules; (5) establishes data
standardization schedules between the Departments; (6) has been
submitted to the Government Accountability Office for review; and (7)
complies with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal Government:
Provided further, That the funds made available under this heading for
information technology systems development, modernization, and
enhancement, shall be for the projects, and in the amounts, specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $115,000,000, of which
$6,000,000 shall remain available until September 30, 2014.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs,
and site acquisition, where the estimated cost of a project is more than
the amount set forth in section 8104(a)(3)(A) of title 38, United States
Code, or where funds for a project were made available in a previous
major project appropriation, $532,470,000, of which $502,470,000 shall
remain available until September 30, 2017, and of which $30,000,000
shall remain available until expended: Provided, That $5,000,000 shall
be to make reimbursements as provided in section 7108 of title 41,
United States Code, for claims paid for contract disputes: Provided
further, That except for advance planning activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and investment strategy studies
funded through the advance
[[Page 127 STAT. 401]]
planning fund and the planning and design activities funded through the
design fund, including needs assessments which may or may not lead to
capital investments, and salaries and associated costs of the resident
engineers who oversee those capital investments funded through this
account, and funds provided for the purchase of land for the National
Cemetery Administration through the land acquisition line item, none of
the funds made available under this heading shall be used for any
project which has not been approved by the Congress in
the <<NOTE: Contracts. Deadlines.>> budgetary process: Provided
further, That funds made available under this heading for fiscal year
2013, for each approved project shall be obligated: (1) by the awarding
of a construction documents contract by September 30, 2013; and (2) by
the awarding of a construction contract by September 30, 2014: Provided
further, That the <<NOTE: Reports.>> Secretary of Veterans Affairs shall
promptly submit to the Committees on Appropriations of both Houses of
Congress a written report on any approved major construction project for
which obligations are not incurred within the time limitations
established above.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, and chapter 81 of title
38, United States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set forth in
section 8104(a)(3)(A) of title 38, United States Code, $607,530,000, to
remain available until September 30, 2017, along with unobligated
balances of previous ``Construction, minor projects'' appropriations
which are hereby made available for any project where the estimated cost
is equal to or less than the amount set forth in such section:
Provided, That funds made available under this heading shall be for: (1)
repairs to any of the nonmedical facilities under the jurisdiction or
for the use of the Department which are necessary because of loss or
damage caused by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by such
causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $85,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal governments in establishing,
expanding, or improving veterans cemeteries as authorized
[[Page 127 STAT. 402]]
by section 2408 of title 38, United States Code, $46,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2013 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred as necessary to any other of the
mentioned <<NOTE: Authority request. Time period.>> appropriations:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and such
Committees issue an approval, or absent a response, a period of 30 days
has elapsed.
(including transfer of funds)
Sec. 202. <<NOTE: Authority requests.>> Amounts made available for
the Department of Veterans Affairs for fiscal year 2013, in this Act or
any other Act, under the ``Medical services'', ``Medical support and
compliance'', and ``Medical facilities'' accounts may be transferred
among the accounts: Provided, That any <<NOTE: Notification.>>
transfers between the ``Medical services'' and ``Medical support and
compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers
between the ``Medical services'' and ``Medical support and compliance''
accounts in excess of 1 percent, or exceeding the cumulative 1 percent
for the fiscal year, may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued: Provided
further, That any transfers to or from the ``Medical facilities''
account may take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and ``Construction,
minor projects'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws providing
such benefits to veterans, and persons receiving such treatment under
sections 7901 through 7904 of title 5, United States Code, or the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.)), unless reimbursement of the cost of such hospitalization or
examination is made
[[Page 127 STAT. 403]]
to the ``Medical services'' account at such rates as may be fixed by the
Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 2012.
Sec. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
United States Code, except that if such obligations are from trust fund
accounts they shall be payable only from ``Compensation and pensions''.
(including transfer of funds)
Sec. 208. <<NOTE: Reimbursement.>> Notwithstanding any other
provision of law, during fiscal year 2013, the Secretary of Veterans
Affairs shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans' Special Life
Insurance Fund under section 1923 of title 38, United States Code, and
the United States Government Life Insurance Fund under section 1955 of
title 38, United States Code, reimburse the ``General operating
expenses, Veterans Benefits Administration'' and ``Information
technology systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: Provided, That
reimbursement shall be made only from the surplus earnings accumulated
in such an insurance program during fiscal year 2013 that are available
for dividends in that program after claims have been paid and
actuarially determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance program exceeds
the amount of surplus earnings accumulated in that program,
reimbursement shall be made only to the extent of
such <<NOTE: Determination.>> surplus earnings: Provided further, That
the Secretary shall determine the cost of administration for fiscal year
2013 which is properly allocable to the provision of each such insurance
program and to the provision of any total disability income insurance
included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services provided
at rates which will recover actual costs but not to exceed $42,904,000
for the Office of Resolution Management and $3,360,000 for the Office of
Employment and Discrimination Complaint Adjudication: Provided, That
payments may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall be
[[Page 127 STAT. 404]]
credited to the ``General administration'' and ``Information technology
systems'' accounts for use by the office that provided the service.
Sec. 211. <<NOTE: Contracts. Reports. Deadline.>> No appropriations
in this title shall be available to enter into any new lease of real
property if the estimated annual rental cost is more than $1,000,000,
unless the Secretary submits a report which the Committees on
Appropriations of both Houses of Congress approve within 30 days
following the date on which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States Code,
for a non-service-connected disability described in section 1729(a)(2)
of such title, unless that person has disclosed to the Secretary of
Veterans Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of section
1729 of such title: Provided, That the Secretary may recover, in the
same manner as any other debt due the United States, the reasonable
charges for such care or services from any person who does not make such
disclosure as required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, major projects'' and
``Construction, minor projects'' accounts and be used for construction
(including site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or for the
use of the Department of Veterans Affairs. Such sums as realized are in
addition to the amount provided for in ``Construction, major projects''
and ``Construction, minor projects''.
Sec. 214. Amounts made available under ``Medical services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical services'', to remain available
until expended for the purposes of that account.
Sec. 216. <<NOTE: Contracts. Native Americans.>> The Secretary of
Veterans Affairs may enter into agreements with Indian tribes and tribal
organizations which are party to the Alaska Native Health Compact with
the Indian Health Service, and Indian tribes and tribal organizations
serving rural Alaska which have entered into contracts with the Indian
Health Service under the Indian Self Determination and Educational
Assistance Act, to provide healthcare, including behavioral health and
dental care. The <<NOTE: Requirements. Regulations.>> Secretary shall
require participating veterans and facilities to comply with all
appropriate rules and regulations,
[[Page 127 STAT. 405]]
as established by the Secretary. The <<NOTE: Definition.>> term ``rural
Alaska'' shall mean those lands sited within the external boundaries of
the Alaska Native regions specified in sections 7(a)(1)-(4) and (7)-(12)
of the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606),
and those lands within the Alaska Native regions specified in sections
7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement Act, as
amended (43 U.S.C. 1606), which are not within the boundaries of the
municipality of Anchorage, the Fairbanks North Star Borough, the Kenai
Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, major
projects'' and ``Construction, minor projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. None of the funds made available in this title may be
used to implement any policy prohibiting the Directors of the Veterans
Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 219. <<NOTE: Deadlines. Reports.>> The Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of both Houses
of Congress a quarterly report on the financial status of the Veterans
Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical services'',
``Medical support and compliance'', ``Medical facilities'', ``General
operating expenses, Veterans Benefits Administration'', ``General
administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2013, may be transferred to or from the ``Information
technology systems'' account: Provided, <<NOTE: Authority
request.>> That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and an
approval is issued.
Sec. 221. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 222. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2013, in this Act or any other Act,
under the ``Medical facilities'' account for nonrecurring maintenance,
not more than 20 percent of the funds made available shall be obligated
during the last 2 months of that fiscal year: Provided,
That <<NOTE: Waiver authority. Notification.>> the Secretary may waive
this requirement after providing written notice to the Committees on
Appropriations of both Houses of Congress.
[[Page 127 STAT. 406]]
(including transfer of funds)
Sec. 223. Of the amounts appropriated to the Department of Veterans
Affairs for fiscal year 2013 for ``Medical services'', ``Medical support
and compliance'', ``Medical facilities'', ``Construction, minor
projects'', and ``Information technology systems'', up to $247,356,000,
plus reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund, established by section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4500): Provided, <<NOTE: Notification.>> That additional
funds may be transferred from accounts designated in this section to the
Joint Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund upon written notification by the Secretary
of Veterans Affairs to the Committees on Appropriations of both Houses
of Congress.
(including transfer of funds)
Sec. 224. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571); and (2) for operations of the facilities designated
as combined Federal medical facilities as described by section 706 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 225. Of the amounts available in this title for ``Medical
services'', ``Medical support and compliance'', and ``Medical
facilities'', a minimum of $15,000,000, shall be transferred to the DOD-
VA Health Care Sharing Incentive Fund, as authorized by section 8111(d)
of title 38, United States Code, to remain available until expended, for
any purpose authorized by section 8111 of title 38, United States Code.
(including rescissions of funds)
Sec. 226. (a) Of the funds appropriated in title II of division H of
Public Law 112-74, the following amounts which became available on
October 1, 2012, are hereby rescinded from the following accounts in the
amounts specified:
(1) ``Department of Veterans Affairs, Medical services'',
$1,500,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $200,000,000.
[[Page 127 STAT. 407]]
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act, an
additional amount is appropriated to the following accounts in the
amounts specified to remain available until September 30, 2014:
(1) ``Department of Veterans Affairs, Medical services'',
$1,500,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $200,000,000.
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
Sec. 227. <<NOTE: Notifications. Contracts. Deadlines.>> The
Secretary of the Department of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all bid
savings in major construction projects that total at least $5,000,000,
or 5 percent of the programmed amount of the project, whichever is less:
Provided, That such notification shall occur within 14 days of a
contract identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and
shall describe the anticipated use of such savings.
Sec. 228. The scope of work for a project included in
``Construction, major projects'' may not be increased above the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations.
Sec. 229. <<NOTE: Deadlines. Notification.>> The Secretary of the
Department of Veterans Affairs shall provide on a quarterly basis to the
Committees on Appropriations of both Houses of Congress notification of
any single national outreach and awareness marketing campaign in which
obligations exceed $2,000,000.
Sec. 230. <<NOTE: Reprogramming request.>> The Secretary shall
submit to the Committees on Appropriations of both Houses of Congress a
reprogramming request if at any point during fiscal year 2013, the
funding allocated for a medical care initiative identified in the fiscal
year 2013 expenditure plan is adjusted by more than $25,000,000 from the
allocation shown in the corresponding congressional budget
justification. Such <<NOTE: Time period.>> a reprogramming request may
go forward only if the Committees on Appropriations of both Houses of
Congress approve the request or if a period of 14 days has elapsed.
Sec. 231. <<NOTE: Contracts.>> None of the funds made available in
this Act may be used to enter into a contract using procedures that do
not give to small business concerns owned and controlled by veterans (as
that term is defined in section 3(q)(3) of the Small Business Act (15
U.S.C. 632(q)(3)) that are included in the database under section
8127(f) of title 38, United States Code, any preference available with
respect to such contract, except for a preference given to small
business concerns owned and controlled by service-disabled veterans (as
defined in section 3(q)(2) of the Small Business Act (15 U.S.C.
632(q)(2)).
Sec. 232. Funds made available under the heading ``Medical
services'' in title II of division H of Public Law 112-74 may be used to
carry out section 1787 of title 38, United States Code.
[[Page 127 STAT. 408]]
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $62,929,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $32,481,000: Provided, That
$2,726,000 shall be available for the purpose of providing financial
assistance as described, and in accordance with the process and
reporting procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $1,000
for official reception and representation expenses, $65,800,000, of
which not to exceed $27,000,000 shall remain available until September
30, 2015. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
[[Page 127 STAT. 409]]
construction
For necessary expenses for planning and design and construction at
Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, $103,000,000, to remain available until September 30, 2017, of
which, $84,000,000 shall be for planning and design and construction
associated with the Millennium Project at Arlington National Cemetery;
and $19,000,000 shall be for study, planning, design, and architect and
engineer services for future expansion of burial space at Arlington
National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $67,590,000, of which $2,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi.
Administrative Provision
Sec. 301. Funds appropriated in this Act under the heading,
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be
provided to Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery, making
additional land available for ground burials.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
Department of Defense
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $150,768,000, to remain available until September 30,
2013: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Administrative Provision
(including rescission of funds)
Sec. 401. Of the unobligated balances in section 2005 in title X,
of Public Law 112-10 and division H in title IV of Public Law 112-74,
$150,768,000 are hereby rescinded: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
[[Page 127 STAT. 410]]
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. <<NOTE: Lobbying.>> No part of any funds appropriated in
this Act shall be used by an agency of the executive branch, other than
for normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution,
or use of any kit, pamphlet, booklet, publication, radio, television, or
film presentation designed to support or defeat legislation pending
before Congress, except in presentation to Congress itself.
Sec. 504. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 505. <<NOTE: Submissions.>> Unless stated otherwise, all
reports and notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the House of
Representatives and the Subcommittee on Military Construction and
Veterans Affairs, and Related Agencies of the Committee on
Appropriations of the Senate.
Sec. 506. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 507. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 508. <<NOTE: Web posting. Public
information. Reports. Determination.>> (a) Any agency receiving funds
made available in this Act, shall, subject to subsections (b) and (c),
post on the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the national
interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) <<NOTE: Time period.>> The head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
Sec. 509. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless
[[Page 127 STAT. 411]]
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 510. <<NOTE: ACORN.>> None of the funds made available in
this Act may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries or successors.
Sec. 511. (a) In General.--None of
the <<NOTE: Detainees. Cuba.>> funds appropriated or otherwise made
available to the Department of Defense in this Act may be used to
construct, renovate, or expand any facility in the United States, its
territories, or possessions to house any individual detained at United
States Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the control of the
Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 512. None of the funds appropriated or otherwise made
available in this Act may be used by an agency of the executive branch
to pay for first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 513. <<NOTE: Contracts.>> None of the funds provided in this
Act may be used to execute a contract for goods or services, including
construction services, where the contractor has not complied with
Executive Order No. 12989.
Sec. 514. <<NOTE: Corporations. Criminal
violation. Determination.>> None of the funds made available by this
Act may be 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,
where the awarding agency is aware of the conviction, unless the agency
has considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 515. <<NOTE: Corporations. Tax liability. Determination.>>
None of the funds made available by this Act may be 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, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment
[[Page 127 STAT. 412]]
of the corporation and made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 516. <<NOTE: Pay raises.>> Such sums as may be necessary for
fiscal year 2013 for pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 517. <<NOTE: Reports. Deadline.>> None of the funds made
available in this Act may be used to send or otherwise pay for the
attendance of more than 50 employees from a Federal department or agency
that are stationed within the United States at any single conference
occurring outside a state of the United States, except for employees of
the Department of Veterans Affairs stationed in the Philippines, unless
the relevant Secretary reports to the Committees on Appropriations of
both Houses of Congress at least 5 days in advance that such attendance
is important to the national interest.
This division may be cited as the ``Military Construction and
Veterans Affairs, and Related Agencies Appropriations Act, 2013''.
DIVISION F-- <<NOTE: Full-Year Continuing Appropriations Act,
2013.>> FURTHER CONTINUING APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, and out of applicable corporate or
other revenues, receipts, and funds, for the several departments,
agencies, corporations, and other organizational units of Government for
fiscal year 2013, and for other purposes, namely:
TITLE I
GENERAL PROVISIONS
Sec. 1101. (a) Such amounts as may be necessary, at the level
specified in subsection (c) and under the authority and conditions
provided in applicable appropriations Acts for fiscal year 2012, for
projects or activities (including the costs of direct loans and loan
guarantees) that are not otherwise specifically provided for, and for
which appropriations, funds, or other authority were made available in
the following appropriations Acts:
(1) The Energy and Water Development and Related Agencies
Appropriations Act, 2012 (division B of Public Law 112-74).
(2) The Financial Services and General Government
Appropriations Act, 2012 (division C of Public Law 112-74).
(3) The Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2012 (division E of Public Law 112-
74).
(4) The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2012
(division F of Public Law 112-74).
(5) The Legislative Branch Appropriations Act, 2012
(division G of Public Law 112-74).
(6) The Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law 112-
74).
(7) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2012 (division C of Public
Law 112-55), except for the appropriations designated by the
Congress as being for disaster relief under the heading
[[Page 127 STAT. 413]]
``Department of Transportation, Federal Highway Administration,
Emergency Relief'' and in the last proviso of section 239 of
such Act.
(8) The Disaster Relief Appropriations Act, 2012 (Public Law
112-77), except for appropriations under the heading ``Corps of
Engineers--Civil''.
(b) <<NOTE: Definition.>> For purposes of this division, the term
``level'' means an amount.
(c) The level referred to in subsection (a) shall be the amounts
appropriated in the appropriations Acts referred to in such subsection,
including transfers and obligation limitations, except that such level
shall be calculated without regard to any rescission or cancellation of
funds or contract authority, other than--
(1) the 0.16 percent across-the-board rescission in section
436 of division E of Public Law 112-74 (relating to the
Department of the Interior, Environment, and Related Agencies);
and
(2) the 0.189 percent across-the-board rescission in section
527 of division F of Public Law 112-74, (relating to the
Departments of Labor, Health and Human Services, and Education,
and Related Agencies).
Sec. 1102. Appropriations made by section 1101 shall be available
to the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 1103. Appropriations provided by this division that, in the
applicable appropriations Act for fiscal year 2012, carried a multiple-
year or no-year period of availability shall retain a comparable period
of availability.
Sec. 1104. No appropriation or funds made available or authority
granted pursuant to section 1101 shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were not available during fiscal year 2012.
Sec. 1105. Except as otherwise expressly provided in this division,
the requirements, authorities, conditions, limitations, and other
provisions of the appropriations Acts referred to in section 1101 shall
continue in effect through the date specified in section 1106.
Sec. 1106. Unless otherwise provided for in this division or in the
applicable appropriations Act, appropriations and funds made available
and authority granted pursuant to this division shall be available
through September 30, 2013.
Sec. 1107. Expenditures made pursuant to the Continuing
Appropriations Resolution, 2013 (Public Law 112-175) shall be charged to
the applicable appropriation, fund, or authorization provided by this
division.
Sec. 1108. Funds appropriated by this division may be obligated and
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), and section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212).
Sec. 1109. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2012, and for activities under the Food and Nutrition Act of 2008, the
levels established by section 1101 shall be the amounts necessary to
maintain program levels under current law and under the authority and
conditions provided in the applicable appropriations Acts for fiscal
year 2012.
[[Page 127 STAT. 414]]
(b) In addition to the amounts otherwise provided by section 1101,
the following amounts shall be available for the following accounts for
advance payments for the first quarter of fiscal year 2014:
(1) ``Department of Labor, Office of Workers' Compensation
Programs, Special Benefits for Disabled Coal Miners'', for
benefit payments under title IV of the Federal Mine Safety and
Health Act of 1977, $40,000,000, to remain available until
expended.
(2) ``Department of Health and Human Services, Centers for
Medicare and Medicaid Services, Grants to States for Medicaid'',
for payments to States or in the case of section 1928 on behalf
of States under title XIX of the Social Security Act,
$106,335,631,000, to remain available until expended.
(3) ``Department of Health and Human Services,
Administration for Children and Families, Payments to States for
Child Support Enforcement and Family Support Programs'', for
payments to States or other non-Federal entities under titles I,
IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act
of July 5, 1960 (24 U.S.C. ch. 9), $1,100,000,000, to remain
available until expended.
(4) ``Department of Health and Human Services,
Administration for Children and Families, Payments for Foster
Care and Permanency'', for payments to States or other non-
Federal entities under title IV-E of the Social Security Act,
$2,200,000,000.
(5) ``Social Security Administration, Supplemental Security
Income Program'', for benefit payments under title XVI of the
Social Security Act, $19,300,000,000, to remain available until
expended.
Sec. 1110. Each amount made available in this division by reference
to an appropriation that was previously designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 or as being for disaster relief pursuant to section
251(b)(2)(D) of such Act is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of such Act or as being for disaster relief pursuant to
section 251(b)(2)(D) of such Act, respectively.
Sec. 1111. With respect to any discretionary account for which
advance appropriations were provided for fiscal year 2013 or 2014 in an
appropriations Act for fiscal year 2012, in addition to amounts
otherwise made available by this division, advance appropriations are
provided in the same amount for fiscal year 2014 or 2015, respectively,
with a comparable period of availability.
Sec. 1112. (a) Section 147 of the Continuing Appropriations Act,
2011 (Public Law 111-242), as added by section 1(a)(2) of the Continuing
Appropriations and Surface Transportation Extensions Act, 2011 (Public
Law 111-322; 5 U.S.C. 5303 note), is amended--
(1) in subsection (b)(1), by striking the matter after ``ending on''
and before ``shall be made'' and inserting ``December 31, 2013,''; and
(2) in subsection (c), by striking the matter after ``ending on''
and before ``no senior executive'' and inserting ``December 31, 2013,''.
[[Page 127 STAT. 415]]
(b) <<NOTE: Repeal.>> Section 114 of the Continuing Appropriations
Resolution, 2013 (Public Law 112-175; 5 U.S.C. 5303 note) is repealed.
Sec. 1113. (a) <<NOTE: Deadline. Plans.>> Not later than 30 days
after the date of the enactment of this division, each department and
agency in subsection (c) shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
spending, expenditure, or operating plan for fiscal year 2013--
(1) at the program, project, or activity level (or, for
foreign assistance programs funded in titles III, IV and VIII of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, at the country, regional, and
central program level, and for any international organization);
or
(2) as applicable, at any greater level of detail required
for funds covered by such a plan in an appropriations Act
referred to in section 1101, in the joint explanatory statement
accompanying such Act, or in committee report language
incorporated by reference in such joint explanatory statement.
(b) If a sequestration is ordered by the President under section
251A of the Balanced Budget and Emergency Deficit Control Act of 1985,
the spending, expenditure, or operating plan required by this section
shall reflect such sequestration.
(c) <<NOTE: Applicability.>> The departments and agencies to which
this section applies are as follows:
(1) The Department of Agriculture.
(2) The Department of Commerce.
(3) The Department of Education.
(4) The Department of Energy.
(5) The Department of Health and Human Services.
(6) The Department of Homeland Security.
(7) The Department of Housing and Urban Development.
(8) The Department of the Interior.
(9) The Department of Justice.
(10) The Department of Labor.
(11) The Department of State and United States Agency for
International Development.
(12) The Department of Transportation.
(13) The Department of the Treasury.
(14) The National Aeronautics and Space Administration.
(15) The National Science Foundation.
(16) The Judiciary.
(17) With respect to amounts made available under the
heading ``Executive Office of the President and Funds
Appropriated to the President'', agencies funded under such
heading.
(18) The Federal Communications Commission.
(19) The General Services Administration.
(20) The Office of Personnel Management.
(21) The National Archives and Records Administration.
(22) The Securities and Exchange Commission.
(23) The Small Business Administration.
(24) The Environmental Protection Agency.
(25) The Indian Health Service.
(26) The Smithsonian Institution.
(27) The Social Security Administration.
(28) The Corporation for National and Community Service.
(29) The Corporation for Public Broadcasting.
(30) The Food and Drug Administration.
(31) The Commodity Futures Trading Commission.
[[Page 127 STAT. 416]]
Sec. 1114. <<NOTE: Deadlines. Reports.>> Not later than May 15,
2013, and each month thereafter through November 1, 2013, the Director
of the Office of Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on all obligations incurred in fiscal year 2013, by each department and
agency, using funds made available by this division. Such report shall--
(1) set forth obligations by account; and
(2) compare the obligations incurred in the period covered
by the report to the obligations incurred in the same period in
fiscal year 2012.
This division may be cited as the ``Full-Year Continuing
Appropriations Act, 2013''.
TITLE II
ENERGY AND WATER DEVELOPMENT
Sec. 1201. The amounts available for ``Corps of Engineers--Civil,
Department of the Army, Corps of Engineers--Civil, Construction'' are
hereby reduced by $20,000,000.
Sec. 1202. Notwithstanding section 1101, the level for ``Department
of the Interior, Central Utah Project, Central Utah Project Completion
Account'' shall be $19,700,000, of which, $1,200,000 shall be deposited
into the ``Utah Reclamation Mitigation and Conservation Account'' for
use by the Utah Reclamation Mitigation and Conservation Commission. In
addition $1,300,000 is provided for necessary expenses incurred in
carrying out the responsibilities of the Secretary of the Interior.
Sec. 1203. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Department of Energy, Energy
Efficiency and Renewable Energy'', $1,814,091,000; ``Department of
Energy, Nuclear Energy'', $759,000,000; ``Department of Energy,
Science'', $4,876,000,000; ``Department of Energy, Advanced Research
Projects Agency--Energy'', $265,000,000, to remain available until
expended.
Sec. 1204. Notwithstanding section 1101, of the unobligated
balances from prior year appropriations available under ``Department of
Energy, Northeast Home Heating Oil Reserve'' $6,000,000 are hereby
permanently rescinded: Provided, That no amounts may be rescinded from
amounts that were designated as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 1205. (a) Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities, National
Nuclear Security Administration, Weapons Activities'' shall be
$7,577,341,000.
(b) Section 301(c) of division B of Public Law 112-274 shall not
apply to amounts made available by this section.
Sec. 1206. In addition to amounts otherwise made available by this
division, $110,000,000 is appropriated for ``Department of Energy,
Atomic Energy Defense Activities, National Nuclear Security
Administration, Defense Nuclear Nonproliferation'' for domestic uranium
enrichment research, development, and demonstration.
[[Page 127 STAT. 417]]
Sec. 1207. <<NOTE: Applicability.>> Section 14704 of title 40,
United States Code, shall be applied to amounts made available by this
division by substituting the date specified in section 1106 of this
division for ``October 1, 2012''.
TITLE III
FINANCIAL SERVICES AND GENERAL GOVERNMENT
Sec. 1301. (a) Notwithstanding any other provision of this division,
except section 1106, the District of Columbia may expend local funds
under the heading ``District of Columbia Funds'' for such programs and
activities under title IV of H.R. 6020 (112th Congress), as reported by
the Committee on Appropriations of the House of Representatives, at the
rate set forth under ``District of Columbia Funds--Summary of Expenses''
as included in the Fiscal Year 2013 Budget Request Act of 2012 (D.C. Act
19-381), as modified as of the date of the enactment of this division.
(b) Section 803(b) of the Financial Services and General Government
Appropriations Act, 2012 (division C of Public Law 112-74; 125 Stat.
940) is amended by striking ``November 1, 2012'' and inserting
``November 1, 2013''.
Sec. 1302. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment for Emergency Planning and
Security Costs in the District of Columbia'' shall be $24,700,000, of
which not less than $9,800,000 shall be used for costs associated with
the Presidential Inauguration.
Sec. 1303. <<NOTE: Applicability.>> Notwithstanding section 1101,
the fifth proviso under the heading ``Federal Communications Commission,
Salaries and Expenses'' in division C of Public Law 112-74 shall be
applied by substituting ``$98,739,000'' for ``$85,000,000''.
Sec. 1304. Notwithstanding any other provision of this division,
amounts made available by section 1101 for ``Department of the Treasury,
Departmental Offices, Salaries and Expenses'' and ``Department of the
Treasury, Office of Inspector General, Salaries and Expenses'' may be
used for activities in connection with section 1602(e) of the Resources
and Ecosystems Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012 (subtitle F of title I of
division A of Public Law 112-141).
Sec. 1305. Notwithstanding section 1101, the level for ``Office of
Government Ethics, Salaries and Expenses'' shall be $18,664,000, of
which $5,000,000 shall be for development and deployment of the
centralized, publicly accessible database required in section 11(b) of
the STOCK Act (Public Law 112-105).
Sec. 1306. Notwithstanding section 1101, the level for ``Small
Business Administration, Business Loans Program Account'' for the cost
of guaranteed loans as authorized by section 7(a) of the Small Business
Act and section 503 of the Small Business Investment Act of 1958 shall
be $333,600,000.
Sec. 1307. <<NOTE: Rescission.>> Of the unobligated balances
available for ``Department of the Treasury, Treasury Forfeiture Fund'',
$950,000,000 are rescinded.
Sec. 1308. Notwithstanding section 1101, the Community Development
Financial Institutions Fund is authorized during Fiscal Year 2013 to
guarantee bonds and notes pursuant section 114A of the Riegle Community
Development and Regulatory
[[Page 127 STAT. 418]]
Improvement Act of 1994 (12 U.S.C. 4701 et seq.): Provided, That no
funds appropriated by this Act for ``Department of the Treasury--
Community Development Financial Institutions Fund Program Account''
shall be available for the cost, if any, of guaranteed loans (as defined
in section 502 of the Congressional Budget Act of 1974) pursuant to
section 114A of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4701 et seq.) to subsidize total loan
principal not to exceed $500,000,000.
Sec. 1309. Sections 9503(a), 9504(a) and (b), and 9505(a) of title
5, United States Code, are amended by striking ``Before July 23, 2013''
each place it occurs and inserting ``Before September 30, 2013''.
Sec. 1310. Notwithstanding section 1101, the level for ``Executive
Office of The President and Funds Appropriated to the President,
Partnership Fund for Program Integrity Innovation'' shall be $0.
Sec. 1311. Notwithstanding section 1101, the level for ``The
Judiciary, Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' shall be $1,040,000,000.
Sec. 1312. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), as amended, is amended--
(1) in the third sentence (relating to the district of
Kansas), by striking ``21 years or more'' and inserting ``22
years and 6 months or more''; and
(2) in the seventh sentence (relating to the district of
Hawaii), by striking ``18 years or more'' and inserting ``19
years and 6 months or more''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, The Judiciary, The District of Columbia, and Independent
Agencies Appropriations Act of 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern district of Missouri) by inserting ``and 6 months'' after ``20
years''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note) is amended--
(1) by inserting after ``authorized by this subsection'' the
following: ``, except in the case of the central district of
California and the western district of North Carolina'';
(2) by striking ``10 years'' and inserting ``11 years''; and
(3) by adding at the end the following: ``The first vacancy
in the office of district judge in the central district of
California occurring 10 years and 6 months or more after the
confirmation date of the judge named to fill the temporary
district judgeship created in that district by this subsection,
shall not be filled. The first vacancy in the office of district
judge in the western district of North Carolina occurring 10
years or more after the confirmation date of the judge named to
fill the temporary district judgeship created in that district
by this subsection, shall not be filled.''.
Sec. 1313. <<NOTE: Applicability.>> Notwithstanding section 1101
of this division or division A, the level for the ``Commodity Futures
Trading Commission'' shall be the level specified under Public Law 112-
55 and the authorities and conditions, including comparable periods of
availability, provided under such Public Law shall apply to such
appropriation.
[[Page 127 STAT. 419]]
Sec. 1314. Notwithstanding section 1101, the level for ``Federal
Deposit Insurance Corporation, Office of the Inspector General'' shall
be $34,568,000.
TITLE IV
INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
Sec. 1401. Notwithstanding section 1101, the levels for the
following appropriations of the Department of the Interior shall be:
(a) <<NOTE: Applicability.>> $950,757,000 for ``Bureau of Land
Management, Management of Lands and Resources'': Provided, That the
amounts included under such heading in division E of Public Law 112-74
shall be applied to funds appropriated by this division by substituting
``$950,757,000'' for ``$961,900,000'' the second place it appears;
(b) $0 for ``Bureau of Land Management, Construction'';
(c) $1,213,915,000 for ``United States Fish and Wildlife Service,
Resource Management'';
(d) $19,136,000 for ``United States Fish and Wildlife Service,
Construction'';
(e) $2,214,202,000 for ``National Park Service, Operation of the
National Park Service'';
(f) $131,173,000 for ``National Park Service, Construction'';
(g) $105,910,000 for ``Bureau of Indian Affairs, Construction'';
(h) $84,946,000 for ``Insular Affairs, Assistance to Territories'':
Provided, <<NOTE: Applicability.>> That the matter under such heading
in division E of Public Law 112-74 shall be applied to funds
appropriated by this division as follows: by substituting
``$75,684,000'' for ``$78,517,000''; and by substituting ``$9,262,000''
for ``$9,480,000'';
(i) $146,000,000 for ``Office of the Special Trustee for American
Indians, Federal Trust Programs''; and
(j) $726,473,000 for ``Department-wide Programs, Wildland Fire
Management'': Provided, <<NOTE: Rescission.>> That of the amounts made
available by section 140(b) of Public Law 112-175 (126 Stat. 1321),
$7,500,000 are rescinded.
Sec. 1402. The contract authority provided for fiscal year 2013 by
16 U.S.C. 460l-10a is rescinded.
Sec. 1403. Section 10101(a) of the Omnibus Budget Reconciliation
Act of 1993 (30 U.S.C. 28f(a)), as amended by section 430 of the
Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat.
1047), is further amended--
(1) in paragraph (1) in the first sentence, by striking
``on'' the first place it appears and inserting ``before, on,'';
and
(2) in paragraph (2)--
(A) by striking ``located'' the second place it
appears;
(B) by inserting at the end of the following: ``Such
claim maintenance fee shall be in lieu of the assessment
work requirement contained in the Mining Law of 1872 (30
U.S.C. 28 to 28e) and the related filing requirements
contained in section 314(a) and (c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1744(a) and
(c)).''; and
(C) by striking ``(a)'' in the first sentence and
inserting ``(a)(1)''.
[[Page 127 STAT. 420]]
Sec. 1404. (a) Division II of Public Law 104-333 (16 U.S.C. 461
note) is amended in each of sections 107, 208, 310, 408, 507, 607, 707,
809, and 910, by striking ``2012'' and inserting ``2013''.
(b) <<NOTE: Effective date.>> Effective on October 12, 2012, section
7 of Public Law 99-647, as amended by section 702(d) of Public Law 109-
338 and section 1767 of Public Law 112-10, <<NOTE: 16 USC 461 note.>>
is further amended by striking ``the date'' and all that follows and
inserting ``September 30, 2013''.
(c) Section 12 of Public Law 100-692 (16 U.S.C. 461 note) is
amended--
(1) in subsection (c)(1), by striking ``2012'' and inserting
``2013''; and
(2) in subsection (d), by striking ``the date that is 5
years after the date of enactment of this sub section'' and
inserting ``September 30, 2013''.
(d) Section 108 of Public Law 106-278 (16 U.S.C. 461 note) is
amended by striking ``2012'' and inserting ``2013''.
Sec. 1405. Notwithstanding section 1101, the levels for the
following appropriations of the Environmental Protection Agency shall
be:
(a) $785,291,000 for ``Science and Technology'';
(b) $2,651,440,000 for ``Environmental Programs and Management'';
(c) $1,176,431,000 for ``Hazardous Substance
Superfund'': <<NOTE: Applicability.>> Provided, That the matter under
such heading in division E of Public Law 112-74 shall be applied to
funds appropriated by this division as follows: by substituting
``$1,176,431,000'' for ``$1,215,753,000'' the second place it appears;
and by substituting ``September 30, 2012'' for ``September 30, 2011'';
and
(d) $3,579,094,000 for ``State and Tribal Assistance Grants'':
Provided, <<NOTE: Applicability.>> That the amounts included under such
hearing in division E of Public Law 112-74 shall be applied to fund
appropriated by this division as follows: by substituting
``$1,451,791,000'' for ``$1,468,806,000''; by substituting
``$908,713,000'' for ``$919,363,000''; and by substituting
``$19,952,000'' for ``$30,000,000''.
Sec. 1406. <<NOTE: Rescissions.>> (a) Of the unobligated balances
available to the Environmental Protection Agency under the following
headings from prior appropriation Acts, the following amounts are
rescinded:
(1) ``Hazardous Substance Superfund'', $15,000,000.
(2) ``State and Tribal Assistance Grants'', $35,000,000, as
follows:
(A) $10,000,000 from unobligated Brownfields
balances.
(B) $5,000,000 from unobligated categorical grant
balances.
(C) $10,000,000 from unobligated Drinking Water
State Revolving Funds balances.
(D) $10,000,000 from unobligated Clean Water State
Revolving Funds balances.
(b) No amounts may be rescinded under subsection (a) from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 1407. Notwithstanding subsection (d)(2) of section 33 of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8),
the Administrator of the Environmental Protection Agency may assess
pesticide registration service fees under such section for fiscal year
2013.
[[Page 127 STAT. 421]]
Sec. 1408. Notwithstanding section 1101, the levels for the
following appropriations of the Department of Agriculture shall be:
(a) $1,536,596,000 for ``Forest Service, National Forest System'';
(b) $369,800,000 for ``Forest Service, Capital Improvement and
Maintenance''; and
(c) $1,971,390,000 for ``Forest Service, Wildland Fire Management''.
Sec. 1409. Notwithstanding section 1101, the levels for the
following appropriations of the Department of Health and Human Services
shall be:
(a) $3,914,599,000 for ``Indian Health Service, Indian Health
Services''; and
(b) $441,605,000 for ``Indian Health Service, Indian Health
Facilities''.
Sec. 1410. Notwithstanding section 1101, the level for
``Smithsonian Institution, Salaries and Expenses'' shall be
$640,512,000.
Sec. 1411. Notwithstanding section 1101, the level for ``Advisory
Council on Historic Preservation, Salaries and Expenses'' shall be
$7,023,000: Provided, That of the funds appropriated herein,
$1,300,000, to remain available until expended, may be used for expenses
related to the relocation from the Old Post Office Building.
Sec. 1412. Notwithstanding section 1101, the level for ``Presidio
Trust, Presidio Trust Fund'' shall be $0.
Sec. 1413. Notwithstanding section 1101, the level for ``Dwight D.
Eisenhower Memorial Commission, Salaries and Expenses'' shall be
$1,050,000 and the level for ``Dwight D. Eisenhower Memorial Commission,
Capital Construction'' shall be $0: Provided, That section 8162(m) of
the Department of Defense Appropriations Act, 2000 (40 U.S.C. 8903 note;
Public Law 106-79), as added by section 8120 (a) of Public Law 107-117
(115 Stat. 2273), <<NOTE: 40 USC 8903 note.>> is amended by adding at
the end the following:
``(3) Expiration.--Any reference in section 8903(e) of title
40, U.S.C. to the expiration at the end of, or extension beyond,
a 7-year period shall be considered to be a reference to an
expiration on, or extension beyond, September 30, 2013.''.
Sec. 1414. <<NOTE: Applicability.>> Notwithstanding section 1101,
section 408 of division E of Public Law 112-74 (125 Stat. 1038) shall be
applied to funds appropriated by this division by substituting ``112-10,
and 112-74'' for ``112-10'' and by substituting ``2012'' for ``2011''.
Sec. 1415. <<NOTE: Extension.>> The authority provided by section
331 of the Department of the Interior and Related Agencies
Appropriations Act, 2000 (enacted by reference in section 1000(a)(3) of
Public Law 106-113; 16 U.S.C. 497 note) shall continue in effect through
the date specified in section 1106 of this division.
Sec. 1416. <<NOTE: Time period. Effective date.>> No funds made
available under this Act shall be used for a 180-day period beginning on
date of enactment of this Act to enforce with respect to any farm (as
that term is defined in section 112.2 of title 40, Code of Federal
Regulations (or successor regulations)) the Spill, Prevention, Control,
and Countermeasure rule, including amendments to that rule, promulgated
by the Environmental Protection Agency under part 112 of title 40, Code
of Federal Regulations.
[[Page 127 STAT. 422]]
TITLE V
LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
(including transfer of funds)
Sec. 1501. Of the funds available to the Department of Labor,
Employment and Training Administration in this or any other Act making
appropriations that remain unobligated as of the date of enactment of
this Act, up to $30,000,000 may be transferred to ``Department of Labor,
Employment and Training Administration, Office of Job Corps'' for Job
Corps operations for program years 2012 and 2013 and shall be in
addition to any other amounts available to the Office of Job Corps for
such purposes: <<NOTE: Deadline.>> Provided, That not less than
$10,000,000 shall be transferred within 30 days of enactment of this Act
to support Job Corps operations for the program year ending June 30,
2013: <<NOTE: Deadline. Reports.>> Provided further, That not later
than 15 days after any transfer has been made under the authority of
this section, the Secretary of Labor shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate that details the source of the transferred funds, the specific
programs, projects, or activities for which such funds will be used,
provides a detailed explanation of the need for such transfer, and
itemizes the cost saving measures implemented by the Office of the Job
Corps during Program Years 2012 and 2013 and the savings gained by
implementing each initiative.
Sec. 1502. <<NOTE: Grants.>> Notwithstanding section 1101, the
level which may be expended from the Employment Security Administration
Account of the Unemployment Trust Fund for administrative expenses of
``Department of Labor, Employment and Training Administration, State
Unemployment Insurance and Employment Service Operations'' shall be
$3,940,865,000 (which includes all amounts available to conduct in-
person reemployment and eligibility assessments and unemployment
insurance improper payment reviews), of which $3,115,142,000 shall be
for grants to the States for the administration of State unemployment
insurance laws under paragraph (1). For <<NOTE: Applicability.>> the
purposes of this section, the first proviso under this heading in Public
Law 112-74 shall be applied by substituting ``2013'' and ``4,585,000''
for ``2012'' and ``4,832,000'', respectively.
Sec. 1503. <<NOTE: Applicability.>> Notwithstanding section 1101,
language under the heading ``Department of Labor, Mine Safety and Health
Administration, Salaries and Expenses'' in Public Law 112-74 shall be
applied to funds appropriated by this Act by substituting ``is
authorized to collect and retain up to $2,499,000'' for ``may retain up
to $1,499,000''.
Sec. 1504. Notwithstanding section 1101, the level for ``Department
of Labor, Veterans Employment and Training'' shall be $264,436,000, of
which $226,251,000 shall be derived from the Employment Security
Administration Account in the Unemployment Trust Fund: Provided, That
the level provided under such heading for Veterans Workforce Investment
Program grants shall be used for the Transition Assistance Program and
activities authorized by the VOW to Hire Heroes Act of 2011, shall be
available through September 30, 2013, and shall be in addition to any
other funds available for those purposes: Provided further, That of the
[[Page 127 STAT. 423]]
level provided under such heading, not less than $14,000,000 shall be
for the Transition Assistance Program, and $3,414,000 shall be for the
National Veterans' Employment and Training Services Institute.
Sec. 1505. All funds provided for the Health Centers program, as
defined by section 330 of the Public Health Service Act, by this Act or
any other Act providing appropriations for fiscal year 2013 shall be
obligated by the Secretary of Health and Human Services by September 30,
2013, of which $48,000,000 shall be awarded for base grant adjustments.
Sec. 1506. <<NOTE: Notification. Deadlines. Reports.>> The Director
of the Centers for Disease Control and Prevention (hereafter referred to
in this division as ``CDC'') may detail CDC staff without reimbursement
for up to 30 days to support an activation of the CDC Emergency
Operations Center, so long as the Director provides notification within
15 days of the use of this authority and a full report to the Committees
on Appropriations of the House of Representatives and the Senate within
30 days after the use of this authority, which includes the number of
staff and funding level broken down by the originating center and number
of days detailed: Provided, That the annual reimbursement cannot exceed
$3,000,000 across CDC.
(including transfer of funds)
Sec. 1507. <<NOTE: 42 USC 247d-4 note.>> To facilitate the
implementation of the permanent Working Capital Fund (``WCF'')
authorized in Public Law 112-74, on or after October 1, 2013,
unobligated balances of amounts appropriated for business services for
fiscal year 2013 shall be transferred to the WCF: <<NOTE: Effective
date.>> Provided, That on or after October 1, 2013, the CDC shall
transfer other amounts available for business services to other CDC
appropriations consistent with the benefit each appropriation received
from the business services appropriation in fiscal year 2013: Provided
further, That assets purchased with funds appropriated for or reimbursed
to business services in this or any other Act may be transferred to the
WCF and customers billed for depreciation of those assets: Provided
further, That CDC shall, consistent with the authorities provided in 42
U.S.C. 231, ensure that the WCF is used only for administrative support
services and not for programmatic activity
funding: <<NOTE: Notification. Deadline.>> Provided further, That CDC
shall notify the Committees on Appropriations of the House of
Representatives and the Senate not later than 15 days prior to any
transfer made under the authority provided in this section.
(including transfer of funds)
Sec. 1508. Notwithstanding section 1101, the level for ``Department
of Health and Human Services, National Institutes of Health, Office of
the Director'' shall be $1,528,181,000: <<NOTE: Applicability.>>
Provided, That the fourth proviso under such heading shall be applied to
funds appropriated by this Act by substituting the
following: <<NOTE: Deadline. Cost estimate.>> ``: Provided further,
That $165,000,000 shall be for the National Children's Study (NCS),
except that not later than July 15, 2013 the Director shall estimate the
amount needed for the NCS during fiscal year 2013, taking into account
the succeeding proviso, and any funds in excess of the estimated need
shall be transferred to and merged with the accounts for the various
Institutes and Centers of NIH in proportion to their shares of total NIH
appropriations made by this Act:
[[Page 127 STAT. 424]]
Provided further, <<NOTE: Contracts. Deadline. Review. Reports.>> That
the Director shall contract with the National Academy of Sciences within
60 days of enactment of this Act to appoint an expert Institute of
Medicine/National Research Council (IOM/NRC) panel to conduct a
comprehensive review and issue a report regarding proposed methodologies
for the NCS Main Study, including whether such methodologies are likely
to produce scientifically sound results that are generalizable to the
United States population and appropriate sub-
populations: <<NOTE: Contracts. Deadline.>> Provided further, That no
contracts shall be awarded for conducting the Main Study until at least
60 days after the IOM/NRC report has been available to the public:''.
Sec. 1509. Notwithstanding section 1101, the level for ``Department
of Health and Human Services, Administration for Children and Families,
Refugee and Entrant Assistance'' shall be $1,016,000,000.
Sec. 1510. Notwithstanding section 1101, the level for ``Department
of Health and Human Services, Administration for Children and Families,
Payments to States for the Child Care and Development Block Grant''
shall be $2,328,313,000: Provided, That in addition to the amounts
required to be reserved by the States under section 658G of the Child
Care and Development Block Grant Act, $297,078,000 shall be reserved by
the States for activities authorized under section 658G of such Act, of
which $108,950,000 shall be for activities that improve the quality of
infant and toddler care.
Sec. 1511. In addition to amounts otherwise made available by
section 1101, $33,500,000 is appropriated for ``Department of Health and
Human Services, Administration for Children and Families, Children and
Families Services'' for making payments under the Head Start Act:
Provided, That notwithstanding section 640 of such Act, up to
$25,000,000 of such funds shall be available for allocation by the
Secretary to supplement activities described in paragraphs (7)(B) and
(9) of section 641(c) of the Head Start Act under the Designation
Renewal System, established under the authority of sections 641(c)(7),
645A(b)(12) and 645A(d) of such Act: Provided further, That amounts
allocated to Head Start grantees at the discretion of the Secretary to
supplement activities pursuant to the previous proviso shall not be
included in the calculation of the ``base grant'' in subsequent fiscal
years, as such term is used in section 640(a)(7)(A) of the Head Start
Act.
Sec. 1512. Notwithstanding section 1101, the level for ``Department
of Health and Human Services, Office of the Secretary, Public Health and
Social Services Emergency Fund'' shall be increased by $17,000,000 for
expenses necessary for replacement of building leases and associated
renovation costs for Public Health Service agencies and other components
of the Department of Health and Human Services, including relocation and
fit-out costs, to remain available until expended.
Sec. 1513. Of the amount provided by section 1101 for ``Department
of Education, Safe Schools and Citizenship Education'' for subpart 2 of
part A of title IV of the Elementary and Secondary Education Act of
1965, $3,000,000, to remain available until expended, shall be for the
Project School Emergency Response to Violence program to provide
education-related services to local educational agencies and
institutions of higher education in which the learning environment has
been disrupted due to a violent or traumatic crisis.
[[Page 127 STAT. 425]]
Sec. 1514. <<NOTE: Applicability.>> Notwithstanding section 1101,
the provisos under the heading ``Department of Education--Special
Education'' shall be applicable as if the following four provisos were
inserted after the first proviso: ``: Provided further, That the
Secretary shall distribute to all other States (as that term is defined
in section 611(g)(2)), subject to the third proviso, any amount by which
a State's allocation under section 611(d), from funds appropriated under
this heading, is reduced under section 612(a)(18)(B), in accordance with
section 611(d)(3)(A)(i)(II) and (III) without regard to section
611(d)(3)(A)(i)(I) and section 611(d)(3)(B): Provided further, That the
Secretary may not distribute any funds under the previous proviso to any
State whose reduction in allocation from funds appropriated under this
heading made funds available for such a distribution: Provided further,
That the States shall allocate such funds distributed under the second
preceding proviso to local educational agencies in accordance with
section 611(f): Provided further, That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under section
612(a)(18)(B) and the amounts distributed to States under the previous
provisos from funds appropriated for fiscal year 2012 or any subsequent
year shall not be considered in calculating the awards under section
611(d) for fiscal year 2013 or for any subsequent fiscal years:''.
Sec. 1515. Of the amount provided by section 1101 for ``Department
of Education, Higher Education'' for subpart 2 of part A of title VII of
the Higher Education Act of 1965, up to $4,451,000 shall be available to
fund continuation awards for projects originally supported under subpart
1 of part A of title VII of such act.
Sec. 1516. Notwithstanding section 1101, the level for ``Railroad
Retirement Board, Limitation on Administration'' shall be $111,149,000.
Sec. 1517. Notwithstanding section 1101, the level for ``Social
Security Administration, Supplemental Security Income Program'' for
research and demonstrations under sections 1110, 1115, and 1144 of the
Social Security Act shall be $17,000,000.
Sec. 1518. Of the funds made available by section 1101 for ``Social
Security Administration, Limitation on Administrative Expenses'',
$23,000,000 shall be for section 1149 of the Social Security Act and
$7,000,000 shall be for section 1150 of the Social Security Act.
Sec. 1519. Of the funds made available by section 1101 for ``Social
Security Administration, Limitation on Administrative Expenses'' for the
cost associated with continuing disability reviews under titles II and
XVI of the Social Security Act and for the cost associated with
conducting redeterminations of eligibility under title XVI of the Social
Security Act, $273,000,000 is provided to meet the terms of section
251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $483,052,000 is additional new
budget authority specified for purposes of section 251(b)(2)(B) of such
Act.
Sec. 1520. <<NOTE: Rescission.>> Of the funds made available for
the Community-Based Care Transitions Program under section 3026 of
Public Law 111-148, $200,000,000 are hereby rescinded.
Sec. 1521. <<NOTE: Rescissions.>> Notwithstanding section 1101, the
rescissions made in sections 522 and 525 of division F of Public Law
112-74 shall be repeated in this Act with respect to funds available for
fiscal year 2013.
[[Page 127 STAT. 426]]
Sec. 1522. Section 148 of Public Law 112-175 <<NOTE: 126 Stat.
1322.>> is amended to read as follows: <<NOTE: Extension
date.>> ``Activities authorized by part A of title IV and section
1108(b) of the Social Security Act (except for activities authorized in
section 403(b) of such Act) shall continue through September 30, 2013,
in the manner authorized for fiscal year 2012, and out of any money in
the Treasury of the United States not otherwise appropriated, there are
hereby appropriated such sums as may be necessary for such purpose.''.
TITLE VI
LEGISLATIVE BRANCH
Sec. 1601. <<NOTE: Irene Hirano Inouye.>> Notwithstanding any other
provision of this Act, for a payment to Irene Hirano Inouye, widow of
Daniel K. Inouye, late a Senator from Hawaii, $193,400.
Sec. 1602. Notwithstanding section 1101, the level for ``Joint
Congressional Committee On Inaugural Ceremonies of 2013'' shall be $0.
Sec. 1603. Notwithstanding section 1101, the level for ``Capitol
Police, General Expenses'' shall be $62,004,000.
Sec. 1604. Notwithstanding section 1101, the level of funding for
``Architect of the Capitol, General Administration'' shall be
$97,340,000.
Sec. 1605. (a) Notwithstanding section 1104, of the amounts made
available by section 1101 for accounts under the heading ``Architect of
the Capitol'', the Architect of the Capitol may transfer an aggregate
amount of not more than $61,247,000 to ``Architect of the Capitol,
Capitol Building'', solely for expenses related to the rehabilitation of
the United States Capitol Dome.
(b) The transfer of amounts under the authority of subsection (a)
shall be subject to the approval of the Committees on Appropriations of
the House of Representatives and Senate.
(c) Any amounts transferred under the authority of subsection (a)
shall remain available until expended.
Sec. 1606. <<NOTE: 2 USC 1871.>> (a) Notwithstanding section 1101,
available balances of expired Architect of the Capitol appropriations
shall be available to the Architect of the Capitol to make the deposit
to the credit of the Employees' Compensation Fund required by section
8147(b) of title 5, United States Code.
(b) <<NOTE: Applicability.>> Effective Date.--This section shall
apply with respect to appropriations for fiscal year 2013 and each year
thereafter.
Sec. 1607. Notwithstanding section 1101, the level for ``Library of
Congress, Copyright Office, Salaries and Expenses'' shall be $737,000
under the first proviso, and shall be $34,250,000 under the fourth
proviso.
Sec. 1608. Notwithstanding section 1101, the level for ``Government
Printing Office, Congressional Printing and Binding'' shall be
$83,632,000; ``Government Printing Office, Government Printing Office
Revolving Fund'' shall be $4,000,000.
Sec. 1609. <<NOTE: Applicability.>> Notwithstanding section 1101,
the level for ``Government Printing Office, Office of Superintendent of
Documents, Salaries and Expenses'' shall be $31,500,000 and the amounts
authorized for producing and disseminating Congressional serial sets and
other related publications to depository and other designated libraries
shall apply to publications for fiscal years 2011 and 2012.
[[Page 127 STAT. 427]]
Sec. 1610. Notwithstanding section 1101, the level for ``Government
Accountability Office, Salaries and Expenses'' shall be $506,282,000,
the amount applicable under the first proviso under that heading shall
be $26,404,000.
Sec. 1611. <<NOTE: 31 USC 711 note.>> (a) In General.--Available
balances of expired Government Accountability Office appropriations
shall be available to the Government Accountability Office to make the
deposit to the credit of the Employees' Compensation Fund required by
section 8147(b) of title 5 United States Code.
(b) <<NOTE: Applicability.>> Effective Date.--This section shall
apply with respect to fiscal year 2013 and each fiscal year thereafter.
Sec. 1612. Notwithstanding section 1101, the level for ``Open World
Leadership Center Trust Fund'' shall be $8,000,000.
TITLE VII
DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
Sec. 1701. (a) Notwithstanding section 1101, the amounts included
under the heading ``Embassy Security, Construction, and Maintenance''
under title I in division I of Public Law 112-74 shall be applied to
funds appropriated by this division as follows: by substituting
``$938,125,000'' for ``$762,000,000'' in the first paragraph; and by
substituting ``$688,499,000'' for ``$775,000,000'' in the second
paragraph.
(b) <<NOTE: Applicability.>> Notwithstanding section 1101, the
levels for the following accounts under title I in division I of Public
Law 112-74 shall be applied to funds appropriated by this division as
follows: ``Contributions for International Peacekeeping Activities'',
$2,006,499,000; ``International Boundary and Water Commission, United
States and Mexico, Salaries and Expenses'', $43,499,000; ``International
Boundary and Water Commission, United States and Mexico, Construction'',
$27,675,000; ``American Sections, International Commissions'',
$11,923,000; ``International Fisheries Commissions'', $34,617,000;
``Commission for the Preservation of America's Heritage Abroad, Salaries
and Expenses'', $606,000; ``United States Commission on International
Religious Freedom, Salaries and Expenses'', $2,932,000; ``Commission on
Security and Cooperation in Europe, Salaries and Expenses'', $2,443,000;
``Congressional-Executive Commission on the People's Republic of China,
Salaries and Expenses'', $1,906,000; and ``United States-China Economic
and Security Review Commission, Salaries and Expenses'', $3,312,000.
Sec. 1702. <<NOTE: Applicability.>> (a) Notwithstanding section
1101, the amounts included under the heading ``Global Health Programs''
under title III in division I of Public Law 112-74 shall be applied to
funds appropriated by this division as follows: by substituting in the
first sentence in the first paragraph ``$2,755,950,000'' for
``$2,625,000,000''; by substituting in the first sentence in the second
paragraph ``$5,720,499,000'' for ``$5,542,860,000''; and by substituting
in the second proviso in the second paragraph ``$1,650,000,000'' for
``$1,050,000,000''.
(b) <<NOTE: Applicability.>> Notwithstanding section 1101, the
amounts included under the heading ``Economic Support Fund'' under title
III in division I of Public Law 112-74 shall be applied to funds
appropriated by this division by inserting after the tenth proviso and
before
[[Page 127 STAT. 428]]
the period the following: ``: Provided further, That not less than
$325,400,000 of the funds appropriated under this heading shall be
transferred to, and merged with, funds appropriated under the heading
`Development Assistance' in this Act''.
Sec. 1703. <<NOTE: Applicability.>> (a) Notwithstanding section
1101, the sixth proviso under the heading ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' in division I of Public Law
112-74 shall be applied to funds appropriated by this division by
substituting the following: ``Provided further, That funds made
available for demining, conventional weapons destruction, and related
activities, in addition to funds otherwise made available for such
purposes, may be used for administrative expenses related to the
operation and management of demining, conventional weapons destruction,
and related programs''.
(b) Notwithstanding section 1101, the first sentence under the
heading ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' in division I of Public Law 112-74 shall be applied to funds
appropriated by this division by inserting ``to remain available until
September 30, 2014,'' after ``$590,113,000,''.
(c) Notwithstanding section 1101, the third proviso under the
heading ``International Security Assistance, Department of State,
Peacekeeping Operations'' in division I of Public Law 112-74 shall be
applied to funds appropriated by this division by substituting
``$161,000,000'' for ``$91,818,000'' and ``2014'' for ``2013''.
(d) Notwithstanding section 1101, the amounts included in the first
paragraph under the heading ``Foreign Military Financing Program'' under
title IV in division I of Public Law 112-74 shall be applied to funds
appropriated by this division by substituting in the second proviso
``$3,100,000,000'' for ``$3,075,000,000'' and by substituting in the
fourth proviso ``$815,300,000'' for ``$808,725,000''.
Sec. 1704. (a) Notwithstanding section 1101, the levels for the
following accounts under title V in division I of Public Law 112-74
shall be as follows: ``Global Environment Facility'', $129,400,000;
``Contribution to the International Bank for Reconstruction and
Development'', $186,957,000; ``Contribution to the Enterprise for the
Americas Multilateral Investment Fund'', $15,000,000; and in the first
paragraph under ``Contribution to the International Development
Association'', $1,358,500,000; and ``Contribution to the Inter-American
Development Bank'', $111,153,000.
(b) Notwithstanding section 1101, the level for the following
accounts shall be $0: ``Multilateral Assistance, International Financial
Institutions, European Bank for Reconstruction and Development,
Limitation on Callable Capital Subscriptions''; ``Bilateral Economic
Assistance, Funds Appropriated to the President, Assistance for Europe,
Eurasia and Central Asia''; and ``International Security Assistance,
Funds Appropriated to the President, Pakistan Counterinsurgency
Capability Fund''.
(c) Notwithstanding section 1101, the level for the second
paragraphs for the following accounts under title V in division I of
Public Law 112-74 shall be $0: ``Contribution to the International
Development Association''; ``Contribution to the Inter-American
Development Bank''; and ``Contribution to the African Development
Fund''.
[[Page 127 STAT. 429]]
(d) Section 70 of the Bretton Woods Agreements Act <<NOTE: 22 USC
286vv.>> (22 U.S.C. 286 et seq.), is amended in subsection (b) by adding
at the end the following:
``(3) In order to pay for the increase in the United States
subscription to the Bank under subsection (a)(1)(B), there are
authorized to be appropriated, without fiscal year limitation,
$4,639,501,466 for payment by the Secretary of the Treasury.
``(4) Of the amount authorized to be appropriated under
paragraph (3), $278,370,088 shall be for paid in shares of the
Bank, and $4,361,131,378 shall be for callable shares of the
Bank.''.
Sec. 1705. <<NOTE: Rescission.>> Of the unexpended balances
available under the heading ``Export and Investment Assistance, Export-
Import Bank of the United States, Subsidy Appropriation'' from prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, $400,000,000 are rescinded.
Sec. 1706. <<NOTE: Applicability.>> (a) Notwithstanding section
1101, section 7006 in division I of Public Law 112-74 shall be applied
to funds appropriated by this division by substituting ``Afghanistan,
Pakistan, and other hostile or high-risk areas'' for ``Afghanistan, and
Pakistan''.
(b) Notwithstanding section 1101, the amount included in section
7034(f) in division I of Public Law 112-74 shall be applied to funds
appropriated by this division by substituting ``$100,000,000'' for
``$50,000,000''.
(c) Notwithstanding section 1101, section 7054(b) in division I of
Public Law 112-74 shall be applied to funds appropriated by this
division by inserting before the period in paragraph (2) ``; or (3) such
assistance, license, sale, or transfer is for the purpose of
demilitarizing or disposing of such cluster munitions''.
(d) Notwithstanding section 1101, section 7054(b) in division I of
Public Law 112-74 shall be applied for purposes of this division by
inserting before the period in paragraph (2) ``; or (3) such assistance,
license, sale, or transfer is for the purpose of demilitarizing or
disposing of such cluster munitions''.
(e) Notwithstanding section 1101, section 7063 in division I of
Public Law 112-74 shall be applied to funds appropriated by this
division by substituting ``September 30, 2014'' for ``September 30,
2013''.
(f) Notwithstanding section 1101, sections 7070(a) and 7072(a) in
division I of Public Law 112-74 shall be applied to funds appropriated
by this division by substituting ``headings'' for ``heading'' and
substituting `` `Global Health Programs', `Economic Support Fund', and
`International Narcotics Control and Law Enforcement' for `Assistance
for Europe, Eurasia and Central Asia' ''.
(g) Notwithstanding section 1101, section 7070 in division I of
Public Law 112-74 shall be applied to funds appropriated by this
division by adding the following:
``(d) Funds appropriated by this division under the heading
`Economic Support Fund' may be made available, not withstanding any
other provision of law, for assistance and related programs for the
countries identified in section 3(c) of the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179) and section 3 of the
FREEDOM Support Act (Public Law 102-511) and may be used to carry out
the provisions of those Acts: Provided, <<NOTE: Consultation.>> That
such assistance and related programs from funds
[[Page 127 STAT. 430]]
appropriated by this Act under the headings `Global Health Programs',
`Economic Support Fund', and `International Narcotics Control and Law
Enforcement' shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to section 601
of the Support for Eastern European Democracy (SEED) Act of 1989 (Public
Law 101-179) and section 102 of the FREEDOM Support Act (Public Law 102-
511), and shall be made available in amounts consistent with the amounts
made available under the heading `Assistance for Europe, Eurasia and
Central Asia' in fiscal year 2012, in consultation with the Committees
on Appropriations.''.
(h) The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2012''
and inserting ``2012, and 2013''; and
(B) in subsection (e), by striking ``2012'' each
place it appears and inserting ``2013''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2012'' and inserting ``2013''.
(i) Notwithstanding section 1101, section 7041(h) in division I of
Public Law 112-74 shall be applied to funds appropriated by this
division by including the following before the
period: <<NOTE: Syria. Consultation.>> ``Provided, That prior to
obligating funds made available by this Act for assistance for Syria,
the Secretary of State shall consult with the Committees on
Appropriations and Foreign Relations of the Senate and the Committees on
Appropriations and Foreign Affairs of the House of
Representatives: <<NOTE: Notification.>> Provided further, That such
funds shall be subject to the regular notification procedures of the
Committees on Appropriations''.
(j) Notwithstanding section 1101, the fifth proviso under the
heading ``Economic Support Fund'' in division I of Public Law 112-74
shall be applied to funds appropriated by this division by substituting:
``Provided further, That funds appropriated under this heading in this
Act may be made available for the costs, as defined in section 502 of
the Congressional Budget Act of 1974, of loan guarantees for Jordan
and'' for ``Provided further, That up to $30,000,000 of the funds
appropriated for fiscal year 2011 under this heading in Public Law 112-
10, division B, may be made available for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of loan guarantees
for''.
Sec. 1707. (a) Notwithstanding section 1101, the levels for the
following accounts under title VIII in division I of Public Law 112-74
shall be as follows: ``Diplomatic and Consular Programs'',
$3,210,650,000, of which $918,435,000 is for Worldwide Security
Protection (to remain available until expended); and ``Embassy Security,
Construction, and Maintenance'', $1,272,200,000, of which $1,261,400,000
is for the costs of worldwide security upgrades, acquisition, and
construction, as authorized: Provided, That funds made available under
this subsection shall be used for operations at high threat posts,
security programs to protect personnel and property under Chief of
Mission authority, preventing the compromise of classified United States
Government information and equipment, and security construction or
upgrade requirements at Department of State facilities worldwide,
including for Worldwide Security Upgrades.
[[Page 127 STAT. 431]]
(b) <<NOTE: Rescission.>> Of the unobligated balances from funds
appropriated under title VIII in division I of Public Law 112-74 under
the heading ``Diplomatic and Consular Programs'' and designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, $1,109,700,000 are rescinded.
(c) <<NOTE: Deadline. Reports. Plans.>> Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations providing an assessment of security
requirements at United States diplomatic facilities worldwide, including
those facilities considered expeditionary in nature; a comprehensive
plan for addressing such requirements; and a detailed description of
Embassy security improvements to be supported from funds made available
by this section: Provided, That such report shall be submitted in
unclassified form, but may include a classified annex.
(d) Notwithstanding section 1101, the amounts included under the
heading ``Office of Inspector General'' under title VIII in division I
of Public Law 112-74 shall be applied to funds appropriated by this
division as follows: by substituting ``$59,151,000'' for
``$67,182,000'', and by substituting ``$6,000,000'' for ``$19,545,000''
for the Special Inspector General for Iraq Reconstruction; and by
substituting ``$49,901,000'' for ``$44,387,000'' for the Special
Inspector General for Afghanistan Reconstruction.
(e) Notwithstanding section 1101, the levels for the following
accounts under title VIII in division I of Public Law 112-74 shall be as
follows: ``International Disaster Assistance'', $774,661,000;
``Migration and Refugee Assistance'', $1,152,850,000; and ``Economic
Support Fund'', $3,119,896,000.
Sec. 1708. <<NOTE: Applicability.>> Notwithstanding section 1101,
title VIII of division I of Public Law 112-74 shall be applied to funds
appropriated by this division by inserting the following at the end of
section 8004:
``Sec. 8005. Funds appropriated by this title under the headings
`Diplomatic and Consular Programs', `Embassy Security, Construction, and
Maintenance', and `Educational and Cultural Exchange Programs' may be
transferred to, and merged with, funds appropriated by this title under
such headings: <<NOTE: Notification.>> Provided, That such transfers
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the transfer
authority in this section is in addition to any transfer authority
otherwise available under any other provision of law.
``Sec. 8006. Funds appropriated by this title shall be made
available for assistance for Jordan, in addition to amounts otherwise
made available by this Act.''.
TITLE VIII
TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
Sec. 1801. (a) Notwithstanding sections 1101 and 1104, the level for
limitations on obligation and liquidation of contract authority shall be
available in the following accounts equal to the level of the contract
authority subject to such limitation appropriated out of the Highway
Trust Fund in Sections 1101, 1105, 1107, 1110, 1121, 31101, 32603, and
51001 of Public Law 112-141 for fiscal year 2013:
[[Page 127 STAT. 432]]
(1) ``Department of Transportation--Federal Highway
Administration--Limitation on Administrative Expenses'';
(2) ``Department of Transportation--Federal Highway
Administration--Federal-Aid Highways--(Limitation on
Obligations)--(Highway Trust Fund)--(Liquidation of Contract
Authorization)--(Highway Trust Fund)'';
(3) ``Department of Transportation--Federal Motor Carrier
Safety Administration--Motor Carrier Safety Operations and
Programs--(Liquidation of Contract Authorization)--(Limitation
on Obligations)--(Highway Trust Fund)'';
(4) ``Department of Transportation--Federal Motor Carrier
Safety Administration--Motor Carrier Safety Grants--(Liquidation
of Contract Authorization)--(Limitation on Obligations)--
(Highway Trust Fund)''; Provided, Section 131 of Division C of
Public Law 112-55 <<NOTE: 125 Stat. 656.>> is hereby deleted;
and
(5) ``Department of Transportation--National Highway Traffic
Safety Administration--Operations and Research--(Liquidation of
Contract Authorization)--(Limitation on Obligations)--(Highway
Trust Fund)''.
(b) Section 120 of division C of Public Law 112-55 shall not apply
to amounts made available by this division.
(c) <<NOTE: Applicability.>> During the period covered by this
division, section 1102 of Public Law 112-141 shall be applied--
(1) in subsection (b)(10), as if the limitation applicable
through fiscal year 2011 applied through fiscal year 2012; and
(2) in subsection (c)(5), by treating the reference to
section 204 of title 23, United States Code, as a reference to
sections 202 and 204 of such title.
Sec. 1802. <<NOTE: Applicability.>> Notwithstanding sections 1101
and 1104, the language under the heading ``Department of
Transportation--National Highway Traffic Safety Administration--Highway
Traffic Safety Grants--(Liquidation of Contract Authorization)--
(Limitation on Obligations)--(Highway Trust Fund)'' shall be applied to
funds made available by this Act as if the language read as follows:
``For payment of obligations incurred in carrying out the provisions of
23 U.S.C. 402 and 405, section 2009 of Public Law 109-59 (as amended by
section 31106 of Public Law 112-141), and section 31101(a)(6) of Public
Law 112-141, $554,500,000, to remain available until expended, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account): Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2013, are in excess of
$554,500,000 for programs authorized under 23 U.S.C. 402 and 405,
section 2009 of Public Law 109-59 (as amended by section 31106 of Public
Law 112-141), and section 31101(a)(6) of Public Law 112-141, of which
$235,000,000 shall be for `Highway Safety Programs' under 23 U.S.C. 402,
$29,000,000 shall be for `High Visibility Enforcement Program' under
section 2009 of Public Law 109-59 (as amended by section 31106 of Public
Law 112-141), $265,000,000 shall be for `National Priority Safety
Programs' under 23 U.S.C. 405, and $25,500,000 shall be for
`Administrative Expenses' under section 31101(a)(6) of Public Law 112-
141: Provided further, That not to exceed $500,000 of the funds made
available for 23 U.S.C. 405 for `Impaired Driving Countermeasures' (as
described in subsection (d) of such section) shall be available for
technical assistance to the States.''
[[Page 127 STAT. 433]]
Sec. 1803. <<NOTE: Applicability.>> (a) Amounts provided by section
1101 for ``Department of Transportation--Federal Transit
Administration--Formula and Bus Grants--(Liquidation of Contract
Authority)--(Limitation on Obligations)--(Highway Trust Fund)'' are
available for payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out 49 U.S.C. 5305, 5307, 5310, 5311,
5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340 (as amended by
Public Law 112-141), and 20005(b) of Public Law 112-141: Provided,
That, notwithstanding sections 1101 and 1104, the proviso under such
heading shall be applied to funds provided by this Act as if the proviso
read as follows: ``Provided, That funds available for the implementation
or execution of programs authorized by 49 U.S.C. 5305, 5307, 5310, 5311,
5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by
Public Law 112-141; and 20005(b) of Public Law 112-141 shall not exceed
obligations of $8,478,000,000.''.
(b) Notwithstanding sections 1101 and 1104, for necessary
administrative expenses of the Federal Transit Administration's programs
authorized by chapter 53 of title 49, United States Code, as amended by
Public Law 112-141, $102,713,000, to remain available until expended, of
which $4,000,000 shall be available to carry out 49 U.S.C. 5329.
(c) Notwithstanding sections 1101 and 1104, amounts provided for
``Department of Transportation--Federal Transit Administration--Research
and University Research Centers'' shall be available for necessary
expenses to carry out 49 U.S.C. 5312-5314 and 5322, as amended by Public
Law 112-141: Provided, That, of the amount provided under this heading,
not less than $35,000,000 shall be available to carry out the provisions
of 49 U.S.C. 5312.
(d) Notwithstanding section 1101, the language under the heading
``Department of Transportation--Federal Transit Administration--Capital
Investment Grants'' in division C of Public Law 112-55 shall be applied
to funds appropriated by this Act as if the language: ``, of which
$35,481,000'' and all that follows through the end of the first proviso
were deleted.
(e) Section 601(e)(1)(B) of division B of Public Law 110-432 shall
be applied by substituting the date specified in section 1106 of this
division for ``4 years after such date''.
Sec. 1804. <<NOTE: Applicability.>> Section 112 of division C of
Public Law 112-55 shall be applied to funds appropriated by this
division by treating such section as if it were amended by striking ``49
U.S.C. 41742(b) shall not apply, and''.
Sec. 1805. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Community Planning and Development,
Homeless Assistance Grants'' shall be $2,033,000,000: Provided, That
the level for project-based rental assistance with rehabilitation
projects with 10-year grant terms shall be $0, and any unobligated
amounts appropriated under such heading for such purpose in fiscal year
2012 or in any prior Act shall be applied in fiscal year 2013 by making
any such amounts available for any purpose under such
heading: <<NOTE: Applicability.>> Provided further, That the first
proviso shall be applied by striking ``$250,000,000'' and inserting
``$200,000,000''.
Sec. 1806. Notwithstanding sections 1101 and 1104, the level for
``Department of Housing and Urban Development, Public and Indian
Housing, Indian Housing Loan Guarantee Fund Program
[[Page 127 STAT. 434]]
Account'' shall be $12,200,000: <<NOTE: Applicability.>> Provided, the
second proviso under such heading in division C of Public Law 112-55
shall be applied to funds appropriated by this division by substituting
``$976,000,000'' for ``$360,000,000''; Provided further, section 184(d)
of the Housing and Community Development Act of <<NOTE: 42 USC 1715z-
13a.>> 1992 is amended to read as follows:
``(d) Guarantee Fee.--The Secretary shall establish and collect, at
the time of issuance of the guarantee, a fee for the guarantee of loans
under this section, in an amount not exceeding 3 percent of the
principal obligation of the loan. The Secretary may also establish and
collect annual premium payments in an amount not exceeding 1 percent of
the remaining guaranteed balance (excluding the portion of the remaining
balance attributable to the fee collected at the time of issuance of the
guarantee). <<NOTE: Notice. Federal Register, publication.>> The
Secretary shall establish the amount of the fees and premiums by
publishing a notice in the Federal Register. The Secretary shall deposit
any fees and premiums collected under this subsection in the Indian
Housing Loan Guarantee Fund established under subsection (i).''.
Sec. 1807. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Public and Indian Housing, Tenant-
Based Rental Assistance'' shall be $14,939,369,000, to remain available
until expended, which shall be available on October 1, 2012 (in addition
to the $4,000,000,000 previously appropriated under such heading that
became available on October 1, 2012), and, notwithstanding section 1111,
an additional $4,000,000,000, to remain available until expended, shall
be available on October 1, 2013: Provided, That of the amounts
available for such heading, $1,375,000,000 shall be for activities
specified in paragraph (3) under such heading in title II of division C
of Public Law 112-55: <<NOTE: Applicability.>> Provided further, That
in applying paragraph 1 under such heading in such Public Law to 2013,
under the penultimate proviso <<NOTE: 125 Stat. 677.>> strike ``(4) for
incremental'' and all that follows up to the colon and insert ``(4) for
PHAs, that despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to terminate
participating families from the program due to insufficient funds''.
Sec. 1808. <<NOTE: Applicability.>> The heading ``Department of
Housing and Urban Development, Public and Indian Housing, Housing
Certificate Fund (rescission)'' in division C of Public Law 112-
55 <<NOTE: 125 Stat. 679.>> shall be applied by striking
``(rescission)'' in the heading and by replacing all of the language
under such heading with the language under such heading in division A of
Public Law 111-117 and by striking ``2010'' in such replacement language
and inserting ``2013''.
Sec. 1809. <<NOTE: Applicability. 125 Stat. 680.>> Notwithstanding
section 1101, the level for ``Department of Housing and Urban
Development, Public and Indian Housing, Public Housing Operating Fund''
shall be $4,262,010,000: Provided, That such heading shall be applied
in fiscal year 2013 by striking ``, of which'' and all that follows up
to the period.
Sec. 1810. <<NOTE: Applicability. 125 Stat. 698.>> Section 216 in
division C of Public Law 112-55 shall be applied in fiscal year 2013 by
striking ``September 30, 2012'' and inserting ``September 30, 2013''.
DIVISION G--OTHER MATTERS
Sec. 3001. <<NOTE: Rescission.>> (a) There is hereby rescinded the
applicable percentage (as specified in subsection (b)) of the budget
authority provided
[[Page 127 STAT. 435]]
(or obligation limit imposed) for fiscal year 2013 for any discretionary
account in divisions A through E of this Act; and
(b) <<NOTE: Applicability.>> For purposes of subsection (a), the
applicable percentage shall be--
(1) for budget authority in the nonsecurity category (as
defined in section 250(c)(4)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, in--
(A) divisions A and E, 2.513. percent; and
(B) division B, 1.877 percent; and
(2) for budget authority in the security category (as
defined in section 250(c)(4)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985), 0.1 percent.
(c) <<NOTE: Applicability.>> Any rescission made by subsection (a)
shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the applicable appropriation Act or
accompanying reports covering such account or item).
(d) This section shall not apply to amounts designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 or as being for disaster relief pursuant to
section 251(b)(2)(D) of such Act; and
(e) <<NOTE: Deadline. Reports.>> Within 30 days after the date of
the enactment of this section, the Director of the Office of Management
and Budget shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a report specifying the account and
amount of each rescission made pursuant to this section.
Sec. 3002. <<NOTE: Sequestration. Applicability.>> Notwithstanding
any other provision of this Act, if, on or after the date of enactment
of this Act, a sequestration order issued by the President pursuant to
section 251A(7)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is in effect, the reductions in each discretionary account
under such order shall apply to the amounts provided in this Act
consistent with section 253(f) of that Act, and shall be in addition to
any reductions required by section 251(a) of that Act.
Sec. 3003. <<NOTE: Reports.>> (a) The head of any Executive branch
department, agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the Inspector
General or senior ethics official for any entity without an Inspector
General, regarding the costs and contracting procedures related to each
conference held by any such department, agency, board, commission, or
office during fiscal year 2013 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and
from the conference; and
[[Page 127 STAT. 436]]
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating
potential contractors for the conference.
(c) <<NOTE: Deadline. Notification.>> Within 15 days of the date of
a conference held by any Executive branch department, agency, board,
commission, or office funded by this or any other appropriations Act
during fiscal year 2013 for which the cost to the United States
Government was more than $20,000, the head of any such department,
agency, board, commission, or office shall notify the Inspector General
or senior ethics official for any entity without an Inspector General,
of the date, location, and number of employees attending such
conference.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act to an Executive branch agency may not be
used for the purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a
conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities that
are not in compliance with Office of Management and Budget Memorandum M-
12-12 dated May 11, 2012.
Sec. 3004. (a) If, for fiscal year 2013, the amount of new budget
authority provided in appropriation Acts exceeds the discretionary
spending limits set forth in section 251(c)(2) of the Balanced Budget
and Emergency Deficit Control Act on new budget authority for any
category due to estimating differences with the Congressional Budget
Office, the Director of the Office of Management and Budget shall
increase the applicable percentage in subsection (c) with respect to
that category by such amount as is necessary to eliminate the amount of
the excess in that category.
(b) <<NOTE: Rescission.>> Subject to subsection (a), there is hereby
rescinded the applicable percentage (as specified in subsection (c))
of--
(1) the budget authority provided (or obligation limit
imposed) for fiscal year 2013 for any discretionary account in
divisions A through F of this Act;
(2) the budget authority provided in any advance
appropriation for fiscal year 2013 for any discretionary account
in any prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2013 for
any program subject to limitation incorporated or otherwise
contained in divisions A through F of this Act.
(c) <<NOTE: Applicability.>> For purposes of subsection (b), the
applicable percentage shall be--
(1) for budget authority in the nonsecurity category (as
defined in section 250(c)(4)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985), 0 percent; and
[[Page 127 STAT. 437]]
(2) for budget authority in the security category (as
defined in section 250(c)(4)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985), 0 percent.
(d) <<NOTE: Applicability.>> Any rescission made by subsection (b)
shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the applicable appropriation Act or
accompanying reports covering such account or item).
(e) This section shall not apply to--
(1) amounts designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act; or
(2) the amount made available by division F of this Act for
``Social Security Administration, Limitation on Administrative
Expenses'' for continuing disability reviews under titles II and
XVI of the Social Security Act and for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act.
(f) <<NOTE: Deadline. Reports.>> Within 30 days after the date of
the enactment of this section, the Director of the Office of Management
and Budget shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a report specifying the account and
amount of each rescission made pursuant to this section.
Approved March 26, 2013.
LEGISLATIVE HISTORY--H.R. 933:
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CONGRESSIONAL RECORD, Vol. 159 (2013):
Mar. 6, considered and passed House.
Mar. 13, 14, 18-20, considered and passed Senate, amended.
Mar. 21, House concurred in Senate amendments.
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