[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5855 Engrossed in House (EH)]

112th CONGRESS
  2d Session
                                H. R. 5855

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2013, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the 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, $121,850,000 (reduced by 
$50,000): Provided, That not to exceed $45,000 shall be for official 
reception and representation expenses, of which $17,000 shall be made 
available to the Office of Policy for Visa Waiver Program negotiations 
in Washington, DC, and for other international activities: 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 
from amounts made available for the Immediate Office of the Secretary 
and the Immediate Office of the Deputy Secretary: Provided further, 
That $5,000,000 shall not be available for obligation by the Office of 
General Counsel until a final rule for aircraft repair station security 
has been published: Provided further, That $71,079,000 shall not be 
available for obligation until the Secretary of Homeland Security 
submits to the Committees on Appropriations of the Senate and the House 
of Representatives all statutorily required reports and plans that are 
due with the submission of the President's budget proposal for fiscal 
year 2014 pursuant to the requirements of section 1105(a) of title 31, 
United States Code: Provided further, That the Secretary of Homeland 
Security shall submit the consolidation plan, as directed under the 
heading ``Consolidation of Weapons of Mass Destruction Defense 
Programs'' in the accompanying report, not later than 180 days after 
the date of enactment of this Act.

              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), $213,128,000 (reduced 
by $7,667,000) (reduced by $5,000,000) (reduced by $10,000,000) 
(reduced by $10,000,000), of which not to exceed $2,500 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 $9,689,000 shall remain available until September 30, 
2015, for the Human Resources Information Technology program: Provided 
further, That $124,325,000 shall not be available for obligation until 
the Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives all 
statutorily required reports and plans that are due with the submission 
of the President's budget proposal for fiscal year 2014 pursuant to the 
requirements of section 1105(a) of title 31, United States Code: 
Provided further, That 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 a Comprehensive Acquisition Status Report, including 
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), 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, 
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), $49,743,000, of which $6,700,000 shall remain 
available until September 30, 2014 for financial systems modernization 
efforts: Provided, That $29,017,000 shall not be available for 
obligation until the Secretary of Homeland Security submits to the 
Committees on Appropriations of the Senate and the House of 
Representatives all statutorily required reports and plans that are due 
with the submission of the President's budget proposal for fiscal year 
2014 pursuant to the requirements of section 1105(a) of title 31, 
United States Code.

                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, 
$241,543,000; of which $116,870,000 shall be available for salaries and 
expenses; and of which $124,673,000, 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.

                        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.), $317,400,000; of which not 
to exceed $4,250 shall be for official reception and representation 
expenses; and of which $93,764,000 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.), $109,264,000, 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 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; $8,366,024,000 (increased by 
$43,000); 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 $38,250 shall be for 
official reception and representation expenses; of which not less than 
$284,530,000 shall be for Air and Marine Operations; 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; 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 may 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: Provided further, 
That $836,600,000 shall not be available for obligation until the 
Commissioner of U.S. Customs and Border Protection submits to the 
Committees on Appropriations of the Senate and the House of 
Representatives the multi-year investment and management plans that are 
due with the submission of the President's budget proposal for fiscal 
year 2014 as submitted pursuant to the requirements of section 1105(a) 
of title 31, United States Code.

                        automation modernization

    For expenses for U.S. Customs and Border Protection automated 
systems, $700,242,000 to remain available until September 30, 2015, 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, $327,099,000 (increased by $10,000,000) (reduced by 
$3,000,000), to remain available until September 30, 2015.

 air and marine interdiction, operations, maintenance, and procurement

    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 
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 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, $518,469,000 (increased by $624,000), to remain available 
until 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 the prior approval of the Committees on Appropriations of the 
Senate and the House of Representatives: Provided further, That the 
Secretary 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 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, $252,567,000, to remain available until September 30, 2017: 
Provided, That the 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.

                  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; $5,236,331,000 (reduced by 
$20,000,000) (increased by $20,000,000); 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 $12,750 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 $68,321,000 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 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 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 not less than 
$10,000,000 shall be available for investigation of intellectual 
property rights violations, including the National Intellectual 
Property Rights Coordination Center: Provided further, That not less 
than $134,626,000 shall be for worksite enforcement investigations, 
audits, and activities: 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 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 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 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 $2,749,840,000 is for detention and removal 
operations, including transportation of unaccompanied minor aliens, of 
which not less than $91,460,000 shall be for alternatives to detention: 
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 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 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.

                        automation modernization

    For expenses of immigration and customs enforcement automated 
systems, $232,006,000, to remain available until September 30, 2015: 
Provided, That, subject to section 503 of this Act, the Secretary of 
Homeland Security may transfer up to $5,000,000 to the Office of 
Biometric Identity Management to support the transition of the Arrival 
and Departure System: Provided further, That amounts transferred 
pursuant to the preceding provision shall remain available until 
September 30, 2014.

                              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, 
$5,450,000, 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), $5,041,230,000 (increased 
by $10,000,000) (reduced by $10,000,000), to remain available until 
September 30, 2014, of which not to exceed $8,500 shall be for official 
reception and representation expenses: Provided, That of the total 
amount made available under this heading, not to exceed $3,969,569,000 
shall be for screening operations, of which $409,000,000 shall be 
available for explosives detection systems; $120,239,000 shall be for 
checkpoint support; and not to exceed $1,071,661,000 shall be for 
aviation security direction and enforcement: Provided further, That of 
the amount made available in the preceding proviso for explosives 
detection systems, $100,000,000 shall be available for the purchase and 
installation of these systems, of which not less than 9 percent shall 
be available for the purchase and installation of certified explosives 
detection systems at medium- and small-sized airports: 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 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 $2,971,230,000: 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, 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 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 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, 
$126,418,000, 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.

                    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), $928,663,000, 
to remain available until September 30, 2014: Provided, That the 
Administrator of the Transportation Security Administration shall 
submit 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: 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 Marshals, $879,600,000: 
Provided, That the Director, Federal Air Marshal Service, shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives not later than 90 days after the enactment of this Act 
a detailed, classified expenditure and staffing plan for ensuring 
optimal coverage of high risk flights.

                       United States 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 at 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; $6,759,627,000 (increased by $5,200,000); of which 
$340,000,000 shall be for defense-related activities; 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 $17,000 
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 
the Coast Guard shall comply with the requirements of section 527 of 
the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 
4331 note) with respect to the Coast Guard Academy: Provided further, 
That of the funds provided under this heading, $75,000,000 shall be 
withheld from obligation for Coast Guard Headquarters Directorates 
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 of the funds made 
available under this heading, such sums as may be necessary shall be 
available to the Secretary of Homeland Security to comply with the 
Coast Guard's energy management requirements under section 543(f)(7) of 
the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(7)).

                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, $12,151,000, 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; $115,528,000.

                        automation modernization

    For expenses of the Coast Guard automated systems, $50,000,000 
(reduced by $5,200,000), to remain available until September 30, 2015.

              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; $1,428,593,000, 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 $938,000,000 shall be available until 
September 30, 2017, to acquire, effect major repairs to, renovate, or 
improve vessels, small boats, and related equipment; of which 
$204,500,000 shall be available until September 30, 2017, to acquire, 
effect major repairs to, renovate, or improve aircraft or increase 
aviation capability; of which $59,000,000 shall be available until 
September 30, 2017, for other acquisition programs; of which 
$109,911,000 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 $117,182,000 shall 
be available for personnel compensation and benefits and related costs: 
Provided, That of the funds provided under this heading, $66,000,000 
shall be immediately apportioned for 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 costs: Provided further, That $10,000,000 shall be 
available for infrastructure construction, to include design, 
engineering, and oversight required to support the continued 
development of the Department of Homeland Security consolidated 
headquarters; and all projects using this funding, with all related 
obligations and expenditures, shall be subject to the management 
review, approval, and oversight of the Department of Homeland Security, 
Office of the Under Secretary for Management: Provided further, That 
the Secretary of Homeland Security 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, 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 Investment 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 Secretary of Homeland Security 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, and 
activities of the Coast Guard in the President's budget proposal as 
submitted pursuant to the requirements of 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 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; 
and payment in advance for commercial accommodations as may be 
necessary to perform protective functions; $1,556,055,000, of which not 
to exceed $21,250 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; and 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: Provided, That up to 
$18,000,000 for protective travel shall remain available until 
September 30, 2014: Provided further, That up to $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 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 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.

              acquisition, construction, and improvements

    For necessary expenses for acquisition, construction, 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 project execution: Provided, That the Director 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 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, $45,321,000: Provided, That not 
to exceed $4,250 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.), 
$1,110,430,000, of which $200,000,000, shall remain available until 
September 30, 2014.

                       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 of the Federal Protective Service: Provided, That 
the Director of the Federal 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), $191,380,000: 
Provided, That of the total amount made available under this heading, 
$156,486,000 shall remain available until September 30, 2015: Provided 
further, That, subject to section 503 of this Act, the Secretary of 
Homeland Security may transfer up to $5,000,000 to U.S. Immigration and 
Customs Enforcement to support the transition of the Arrival and 
Departure Information System: Provided further, That amounts 
transferred pursuant to the preceding proviso shall remain available 
until September 30, 2014: Provided further, That the Secretary 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: Provided further, That of the total amount made available 
under this heading, $25,000,000 may not be obligated for the Office of 
Biometric Identity Management until the Secretary of Homeland Security 
submits 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, a multi-year 
investment and management plan for the Office of Biometric Identity 
Management: Provided further, That such multi-year investment and 
management plan shall include, for the current fiscal year and the 
following 3 fiscal years, for the Office of Biometric Identity 
Management program, the following--
            (1) the proposed appropriations 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 year expenditure or 
        investment and management plan;
            (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 year expenditure or investment and management plan; and
            (3) a detailed accounting of operations and maintenance, 
        contractor services, and program costs associated with the 
        management of identity services.

                        Office of Health Affairs

    For necessary expenses of the Office of Health Affairs, 
$132,003,000; of which $27,702,000 is for salaries and expenses and 
$85,394,000 is for BioWatch operations: Provided, That $18,907,000 
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 
$2,500 shall be for official reception and representation expenses: 
Provided further, That the Assistant Secretary for the Office of Health 
Affairs shall submit an expenditure plan for fiscal year 2013 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.

                  Federal Emergency Management Agency

                         salaries and expenses

    For necessary expenses of the Federal Emergency Management Agency, 
$712,565,000 (increased by $7,667,000), 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.), and the Post-Katrina Emergency Management Reform 
Act of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That not to 
exceed $2,500 shall be for official reception and representation 
expenses: Provided further, That 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: Provided further, That of the 
total amount made available under this heading, $27,513,000 (increased 
by $7,667,000) shall be for the Urban Search and Rescue Response 
System, of which no funds may be used for 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.

                        automation modernization

    For necessary expenses for automated systems of the Federal 
Emergency Management Agency, $58,048,000 to remain available until 
September 30, 2015.

                        state and local programs

                     (including transfer of funds)

    For grants, contracts, cooperative agreements, and other 
activities, $1,762,589,000 (increased by $10,000,000), which shall be 
distributed, according to threat, vulnerability, and consequence, at 
the discretion of the Secretary of Homeland Security based on the 
following authorities:
            (1) The State Homeland Security Grant Program under section 
        2004 of the Homeland Security Act of 2002 (6 U.S.C. 605): 
        Provided, That notwithstanding subsection (c)(4) of such 
        section 2004, for fiscal year 2012, 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) The Urban Area Security Initiative under section 2003 
        of the Homeland Security Act of 2002 (6 U.S.C. 604).
            (3) The Metropolitan Medical Response System under section 
        635 of the Post-Katrina Emergency Management Reform Act of 2006 
        (6 U.S.C. 723).
            (4) The Citizen Corps Program.
            (5) 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 Amtrak security: Provided, 
        That such public transportation security assistance shall be 
        provided directly to public transportation agencies.
            (6) Over-the-Road Bus Security Assistance under section 
        1532 of the Implementing Recommendations of the 9/11 Commission 
        Act of 2007 (6 U.S.C. 1182).
            (7) Port Security Grants in accordance with section 70107 
        of title 46, United States Code.
            (8) 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).
            (9) The Interoperable Emergency Communications Grant 
        Program under section 1809 of the Homeland Security Act of 2002 
        (6 U.S.C. 579).
            (10) Emergency Operations Centers under section 614 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5196c).
            (11) Buffer Zone Protection Program grants.
            (12) 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 to be at high 
        risk of a terrorist attack:
 Provided, That of the amount provided under this heading, $55,000,000 
shall be for Operation Stonegarden and no less than $150,000,000 shall 
be for areas at the highest threat of a terrorist attack: Provided 
further, That $231,681,000 shall be to sustain current operations for 
training, exercises, technical assistance, and other programs, of which 
$155,500,000 shall be for training of State, local, and tribal 
emergency response providers: Provided further, That for grants under 
paragraphs (1) through (12), 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 use not 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 7.02 percent of the amounts provided 
under this heading shall be transferred to the Federal Emergency 
Management Agency ``Salaries and Expenses'' account for program 
administration: Provided further, That for grants under paragraphs (1) 
and (2), the installation of communication towers is not considered 
construction of a building or other 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 in fiscal year 2013: (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 employees of the Federal 
Emergency Management Agency in existing chemical, biological, 
radiological, nuclear, explosives, mass casualty, and medical surge 
courses pursuant to section 4103 of title 5, United States Code, 
without reimbursement for the cost of such training.

                     firefighter assistance grants

    For necessary expenses for programs authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$670,000,000 (increased by $5,000,000), to remain available until 
September 30, 2014, of which $335,000,000 (increased by $2,500,000) 
shall be available to carry out section 33 of that Act (15 U.S.C. 2229) 
and $335,000,000 (increased by $2,500,000) shall be available to carry 
out section 34 of that Act (15 U.S.C. 2229a): Provided, That in 
addition to the purposes otherwise authorized for SAFER grants in 
section 34 of that Act, the Secretary of Homeland Security shall make 
such grants available for the retention of firefighters: Provided 
further, That subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), 
(c)(2), and (c)(4)(A) of section 34 of that Act shall not apply to 
amounts made available under this heading: Provided further, That not 
to exceed 4.7 percent of the amount available under this heading shall 
be available for program administration.

                emergency management performance grants

    For necessary expenses 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: Provided, That total 
administrative costs shall not exceed 2.7 percent of the total amount 
appropriated under this heading.

              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 
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 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.), $42,460,000.

                          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.), 
$6,088,926,000, to remain available until expended, of which 
$5,481,000,000 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, That the latter amount 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 
(Public Law 99-177, 2 U.S.C. 901(b)(2)(D)): Provided further, That of 
which $24,000,000 shall be transferred to the Department of Homeland 
Security Office of Inspector General for audits and investigations 
related to disasters: Provided further, That the Administrator of the 
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 
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 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) 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 beginning with the first 
        full month after the date of enactment of this Act:
                    (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;
                            (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.

            disaster assistance direct loan program account

    Subject to section 502 of the Congressional Budget Act of 1974, 
gross obligations for the principal amount of direct loans shall not 
exceed $25,000,000.

             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), $92,145,000, 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.) and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $171,000,000, which shall remain available until 
September 30, 2014, shall be derived from offsetting collections 
assessed and collected under section 1308(d) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4015(d)), and shall be available for 
salaries and expenses associated with flood mitigation and flood 
insurance operations; and floodplain management and flood mapping: 
Provided, That 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, which shall remain 
available until September 30, 2014: Provided further, 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; for repetitive 
        insurance claims properties under section 1323 of the National 
        Flood Insurance Act of 1968 (42 U.S.C. 4030); and for flood 
        mitigation assistance under section 1366 of the National Flood 
        Insurance Act of 1968 (42 U.S.C. 4104c), notwithstanding 
        subparagraphs (B) and (C) of subsection (b)(3) and subsection 
        (f) of section 1366 of the National Flood Insurance Act of 1968 
        (42 U.S.C. 4104c) and notwithstanding subsection (a)(7) of 
        section 1310 of the National Flood Insurance Act of 1968 (42 
        U.S.C. 4017):
 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(i) 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 section 1366(i) and paragraphs (2) and (3) of 
section 1367(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4104c(i), 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), $14,331,000, to remain available until expended: 
Provided, That the total administrative costs associated with such 
grants shall not exceed 3 percent of the total amount made available 
under this heading.

                       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 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 $10,200 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 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, $27,385,000, 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.), $130,000,000: Provided, 
That not to exceed $8,500 shall be for official reception and 
representation expenses.

           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, $695,971,000, of which $493,539,000 shall 
remain available until September 30, 2015; and of which $202,432,000 
shall remain available until September 30, 2017, solely for operation 
and construction of laboratory facilities: Provided, That $20,000,000 
shall not be available for obligation until the Secretary of Homeland 
Security submits to the Committees on Appropriations of the Senate and 
the House of Representatives an updated plan for the expenditure of 
funds for construction of the National Bio- and Agro-defense Facility.

                   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, $38,000,000: Provided, That not to exceed $2,500 shall be 
for official reception and representation expenses: Provided further, 
That the Secretary of Homeland Security shall submit to the Committees 
on Appropriations of the Senate and the House of Representatives at the 
time of the submission of the President's budget proposal for fiscal 
year 2014 pursuant to the requirements of section 1105(a) of title 31, 
United States Code, 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 each departmental entity's roles and 
        responsibilities 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 departmental components 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.

                                TITLE V

                           GENERAL PROVISIONS

                    (including rescissions of funds)

    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. (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, or reduces the numbers of personnel by 10 
        percent as approved by the Congress; or
            (3) 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.
    (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) 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 
and operating 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 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. (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 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) 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) 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, and the 
        account from which the funds are being drawn.
    (e) 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.  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. (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.
    (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.  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.  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 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.  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. 517.  Section 532(a) of Public Law 109-295 (120 Stat. 1384) is 
amended by striking ``2012'' and inserting ``2013''.
    Sec. 518.  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. 519. (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 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) 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) 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) 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 fiscal year 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 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, 2013.
    Sec. 520.  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. 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) 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) 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. 521.  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. 522.  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. 523.  Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``September 30, 2012'' and inserting 
        ``September 30, 2013''; and
            (2) in subsection (c)(1), in the matter preceding 
        subparagraph (A), by striking ``September 30, 2012'' and 
        inserting ``September 30, 2013''.
    Sec. 524.  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. 525.  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. 526.  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 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. 527.  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. 528.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 529.  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 the Committees on 
Appropriations of the Senate and the House of Representatives that no 
security risks will result from such non-participation.
    Sec. 530. (a) Notwithstanding any other provision of law during 
fiscal year 2013 or any subsequent fiscal year, the Secretary of 
Homeland Security shall ensure that the Administrator of General 
Services sells through public sale all real and related personal 
property and transportation assets which support Plum Island 
operations, subject to such terms and conditions as may be necessary to 
protect Government interests and meet program requirements.
    (b) The proceeds of the sale described in subsection (a) shall be 
deposited as offsetting collections into the Department of Homeland 
Security -- Science and Technology -- ``Research, Development, 
Acquisition, and Operations'' account and, subject to appropriation, 
shall be available until expended, for site acquisition, construction, 
and costs related to the construction of the National Bio- and Agro-
defense Facility, including the costs associated with the sale, 
including due diligence requirements, necessary environmental 
remediation at Plum Island, and reimbursement of expenses incurred by 
the General Services Administration.
    Sec. 531.  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. 532.  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. 533.  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. 534.  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. 535.  None of the funds made available in this Act 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.
    Sec. 536.  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. 537. (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) 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. 538.  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. 539. (a) Not later than 90 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) 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.
    (b) The Administrator shall continue to submit reports described in 
subsection (a)(2) every 90 days until the Administrator certifies that 
the Transportation Security Administration has achieved screening of 
100 percent of such air cargo.
    Sec. 540.  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. 541. (a) Notwithstanding section 286(n) of the Immigration and 
Nationality Act (8 U.S.C. 1356(n)), of the funds deposited into the 
Immigration Examinations Fee Account, $9,200,000 shall be available to 
United States Citizenship and Immigration Services in fiscal year 2013 
for the purpose of providing an immigrant integration grants program.
    (b) 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. 542.  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. 543.  Notwithstanding any other provision of law, if the 
Secretary of Homeland Security determines that specific U.S. 
Immigration and Customs Enforcement Service Processing Centers 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 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. 544.  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. 545.  The Department of Homeland Security Chief Information 
Officer, 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 ``Office of the Chief 
Information Officer'' under title I of division D of the Consolidated 
Appropriations Act, 2012 (Public Law 112-74), ``U.S. Customs and Border 
Protection -- Salaries and Expenses'' under title II of such division, 
and ``U.S. Customs and Border Protection -- Border Security Fencing, 
Infrastructure, and Technology'' under such title, and section 568 of 
such Act.
    Sec. 546.  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. 547. (a) The Secretary of Homeland Security shall ensure by 
submitting proposals that the fees collected pursuant to section 
13031(b)(1)(A)(i) of the Consolidated Omnibus Budget Reconciliation Act 
of 1985 (19 U.S.C. 58c(b)(1)(A)(i)) and described in section 601 of the 
United States-Colombia Trade Promotion Agreement Implementation Act of 
2011 (Public Law 112-42) shall be available to U.S. Customs and Border 
Protection in fiscal year 2014 and subsequent fiscal years.
    (b) The President's budget request shall include proposals to 
completely offset any budgetary cost associated with the provisions of 
subsection (a).
    Sec. 548.  Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended 
by striking ``September 30, 2012'' and inserting ``September 30, 
2013''.
    Sec. 549. (a) Restriction.--Except as provided in subsection (b), 
the Secretary and the Deputy Secretary of Homeland Security and the 
Commandant and Vice Commandant of the Coast Guard may not travel aboard 
any Coast Guard owned or operated fixed-wing aircraft after the date of 
the submission of the President's budget request for fiscal year 2014 
if the Secretary has not provided the Committees on Appropriations of 
the House of Representatives and the Senate the Comprehensive 
Acquisition Strategy Report required in title I and the Commandant has 
not provided the Capital Investment Plan, required in Coast Guard 
Acquisition, Construction and Improvement of title II.
    (b) Exception.--Subsection (a) shall not apply in the case of 
travel aboard an aircraft described in such subsection--
            (1) to respond to a major disaster or emergency declared 
        under section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170);
            (2) to respond to a discharge classified as a spill of 
        national significance under part 300.323 of title 40, Code of 
        Federal Regulations;
            (3) for evacuation purposes, including for a medical 
        emergency; or
            (4) to respond to emergent national security issues as 
        required by the President.
    (c) Notification.--The Secretary shall notify the Committees on 
Appropriations of the House of Representatives and the Senate in 
writing not later than 5 days after engaging in travel prohibited in 
subsection (a) under an exception provided in subsection (b).
    Sec. 550.  Notwithstanding Office of Management and Budget Circular 
A-11, in a budget submission of the Coast Guard for Department of 
Homeland Security, Coast Guard, ``Acquisition, Construction, and 
Improvements'' for fiscal year 2014 or any fiscal year thereafter, 
costs related to the construction or conversion of a cutter shall be 
requested in accordance with the following guidelines:
            (1) Costs of outfitting and post-delivery activities and 
        spare or repair parts shall be requested not earlier than for 
        the first fiscal year in which it is necessary to incur such 
        costs to maintain a planned production schedule, which may be 
        subsequent to the fiscal year for which cutter end costs are 
        requested.
            (2) Costs of long lead time items shall be requested for 
        the fiscal year in which it is necessary to incur such costs to 
        maintain a planned production schedule, which may be in advance 
        of the fiscal year for which cutter end costs are requested.
            (3) Costs of program management shall be requested for each 
        fiscal year, for the portion of program management costs 
        attributable to such fiscal year.
            (4) For purposes of the preceding paragraphs--
                    (A) the term ``long lead time items'' means 
                components, parts, material, or effort with 
                significantly longer lead times than other elements of 
                an end item;
                    (B) the term ``outfitting'' means procurement or 
                installation of on board 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;
                    (C) the term ``post delivery activities'' includes 
                design, planning, Government furnished material, and 
                related labor for 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; and
                    (D) the term ``cutter end costs'' includes the cost 
                of construction or conversion of a vessel, deferred 
                work identified prior to vessel delivery, and, when 
                unrelated to a specific fix, normal changes authorized 
                prior to completion of fitting out, advanced planning, 
                and travel.
    Sec. 551. (a) The President, acting through the Administrator of 
the Federal Emergency Management Agency, shall establish new procedures 
to administer assistance for debris and wreckage removal provided under 
sections 403(a)(3)(A), 407, and 502(a)(5) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)(3)(A), 
5173, and 5192(a)(5)).
    (b) The new procedures established under paragraph (a) may 
include--
            (1) making grants on the basis of fixed estimates to 
        provide financial incentives and disincentives for the timely 
        or cost effective completion of projects under sections 
        403(a)(3)(A), 407, and 502(a)(5) of such Act if the State, 
        local government, or owner or operator of the private non-
        profit facility agrees to be responsible to pay for any actual 
        costs that exceed the estimate;
            (2) using a sliding scale for the Federal share for removal 
        of debris and wreckage based on the time it takes to complete 
        debris and wreckage removal;
            (3) allowing utilization of program income from recycled 
        debris without offset to grant amount;
            (4) reimbursing base and overtime wages for employees and 
        extra hires of a State, local government, or owner or operator 
        of a private non-profit facility performing or administering 
        debris and wreckage removal; and
            (5) notwithstanding any other provision of law, if the 
        actual costs of projects under subparagraph (b)(1) are less 
        than the estimated costs thereof, the Administrator may permit 
        a grantee or sub grantee to use all or part of the excess funds 
        for any of the following purposes:
                    (A) Debris management planning.
                    (B) Acquisition of debris management equipment for 
                current or future use.
                    (C) Other activities to improve future debris 
                removal operations, as determined by the Administrator.
    Sec. 552. (a) Of the amounts made available by this Act for 
``Department of Homeland Security--National Protection and Programs 
Directorate--Infrastructure Protection and Information Security--
Federal Network Security'', $202,000,000 shall be used to deploy on 
Federal systems technology to improve the information 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 by the Department of 
Homeland Security of an automated and continuous monitoring program 
that includes equipment, software, and Department of Homeland Security-
supplied services: Provided further, That not later than January 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 automated and 
continuous monitoring software procured by the funds made available by 
this section shall not collect or store personally identifiable 
information, nor monitor the content of network traffic: Provided 
further, That such software shall be installed, maintained, and 
operated in accordance with all applicable privacy laws and agency-
specific restrictions and standards on access to personally 
identifiable information.
    (b) Funds made available under this section may not be used to 
supplant funds provided for any such system within an agency budget.
    (c) Not later than April 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) Not later July 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) 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. 553. (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. 554.  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. 555.  The Director of the Office of Management and Budget 
shall instruct any department, agency, or instrumentality of the United 
States Government receiving funds appropriated in 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. 556. (a) 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--
    (1) 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; or
    (2) such attendance is pursuant to law enforcement, security, or 
military operations.
    Sec. 557. (a) The head of any agency, office, or component funded 
by this Act shall submit quarterly reports to the Inspector General 
regarding the costs and contracting procedures relating to each 
conference, ceremony, and similar event, to include commissioning, de-
commissioning, change of command, and other ceremonies, held by the 
agency during fiscal year 2013 for which the cost to the Government was 
more than $20,000.
    (b) Each report submitted under subsection (a) shall include, for 
each event described in that subsection held during the applicable 
quarter--
            (1) a description of the subject of and number of 
        participants attending that event;
            (2) a detailed statement of the costs to the Government 
        relating to that event, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services; and
                    (C) a discussion of the methodology used to 
                determine which costs relate to that event; and
            (3) a description of the contracting procedures relating to 
        that event, including--
                    (A) whether contracts were awarded on a competitive 
                basis for that event; and
                    (B) a discussion of any cost comparison conducted 
                by the agency in evaluating potential contractors for 
                that event.
    (c) Not later than 30 days after the end of fiscal year 2013, the 
Inspector General shall submit a report to the Committees on 
Appropriations of the Senate and the House of Representatives on 
Department of Homeland Security spending on conferences, ceremonies, 
and similar events in fiscal year 2013, as reported pursuant to 
subsections (a) and (b). The report shall list the relevant events, 
substantiate that the Department complied with all applicable laws and 
regulations associated with spending on such events, and describe in 
detail the total costs to the Government associated with those events, 
to include the amount of funding obligated and expended by 
appropriation or other source of funding, including relevant budget 
accounts.
    Sec. 558.  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. 559.  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.

                             (rescissions)

    Sec. 560.  The unobligated balance of each amount specified for a 
project or activity under the heading ``Federal Emergency Management 
Agency--National Predisaster Mitigation Fund'' in the explanatory 
statement accompanying Public Law 110-161 where the Federal Emergency 
Management Agency has received written notification of the intent by 
the recipient to not apply for the grant is rescinded, and the overall 
unobligated balance available under such heading in such Act is reduced 
accordingly.

                             (rescissions)

    Sec. 561.  Of the funds appropriated in Department of Homeland 
Security Acts 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) $42,500,000 from Coast Guard ``Acquisition, 
        Construction, and Improvements,'' 2010/2014.
            (2) $91,100,000 from Coast Guard ``Acquisition, 
        Construction, and Improvements,'' 2011/2015.
            (3) $40,412,000 from U.S. Customs and Border Protection 
        ``Border Security Fencing, Infrastructure, and Technology,'' 
        2012/2014.
            (4) $48,000,000 from Coast Guard ``Acquisition, 
        Construction, and Improvements,'' 2012/2016.

                              (rescission)

    Sec. 562.  From the unobligated balances made available in the 
Department of the Treasury Forfeiture Fund established by section 
9703.1 of title 31, United States Code, which was added to such title 
by section 638 of Public Law 102-393, $60,000,000 shall be permanently 
rescinded.

                             (rescissions)

    Sec. 563.  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) $1,316,000 from Department of Homeland Security 
        ``Office for Domestic Preparedness''; and
            (2) $2,831,000 from Federal Emergency Management Agency 
        ``National Predisaster Mitigation Fund''.
    Sec. 564. (a) Section 44945 of Title 49, United States Code, is 
hereafter repealed.
    (b) The table of sections at the beginning of chapter 449 of title 
49, United States Code, is hereafter amended by striking the item 
relating to such section.
    Sec. 565.  None of the funds made available by this Act may be used 
to require a facility to employ or to not employ a particular security 
measure for personnel surety if the facility has adopted personnel 
measures designed to--
            (1) verify and validate individuals' identification;
            (2) check individuals' criminal history;
            (3) verify and validate individuals' legal authorization to 
        work; and
            (4) identify people with terrorist ties.
    Sec. 566.  None of the funds appropriated by this Act for U.S. 
Immigration and Customs Enforcement 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 or incest: 
Provided, That should this prohibition be declared unconstitutional by 
a court of competent jurisdiction, this section shall be null and void.
    Sec. 567.  None of the funds appropriated by this Act for U.S. 
Immigration and Customs Enforcement shall be used to require any person 
to perform, or facilitate in any way the performance of, any abortion.
    Sec. 568.  Nothing in the preceding section shall remove the 
obligation of the Assistant Secretary of Homeland Security for U.S. 
Immigration and Customs Enforcement to provide escort services 
necessary for a female detainee to receive such service outside the 
detention facility: Provided, That nothing in this section in any way 
diminishes the effect of section 567 intended to address the 
philosophical beliefs of individual employees of U.S. Immigration and 
Customs Enforcement.

                       spending reduction account

    Sec. 569.  The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is $0.
    Sec. 570.  None of the funds made available in this Act may be used 
in contravention of any of the following:
            (1) The Fifth and Fourteenth Amendments to the Constitution 
        of the United States.
            (2) Title VI of the Civil Rights Act of 1964 (relating to 
        nondiscrimination in federally assisted programs).
            (3) Section 809(c)(1) of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (relating to prohibition of 
        discrimination).
            (4) Section 210401(a) of the Violent Crime and Law 
        Enforcement Act of 1994 (relating to unlawful police pattern or 
        practice).
    Sec. 571.  None of the funds made available by this Act may be used 
to finalize, implement, administer, or enforce the rule entitled 
``Provisional Unlawful Presence Waivers of Inadmissibility for Certain 
Immediate Relatives'' published by the Department of Homeland Security 
on April 2, 2012 (77 Fed. Reg. 19902).
    Sec. 572.  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. 573.  None of the funds made available by this Act may be used 
to enforce section 526 of the Energy Independence and Security Act of 
2007 (Public Law 110-140; 42 U.S.C. 17142).
    Sec. 574.  None of the funds made available by this Act may be used 
to implement, administer, or enforce section 1301(a) of title 31, 
United States Code (31 U.S.C. 1301(a)), with respect to the use of 
amounts made available by this Act for ``Customs and Border 
Protection--Salaries and Expenses'' for the expenses authorized to be 
paid in section 9 of the Jones Act (48 U.S.C. 795) and for the 
collection of duties and taxes authorized to be levied, collected, and 
paid in Puerto Rico, as authorized in section 4 of the Foraker Act (48 
U.S.C. 740), in addition to the more specific amounts available for 
such purposes in the Puerto Rico Trust Fund pursuant to such provisions 
of law.
    Sec. 575.  None of the funds made available by this Act may be used 
in contravention of section 642(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).
    Sec. 576.  None of the funds made available by this Act may be used 
by the Department of Homeland Security 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. 577.  None of the funds made available under this Act may be 
used in contravention of immigration laws (as defined in section 
101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))).
    Sec. 578.  None of the funds made available by this Act may be used 
for the purchase, operation, or maintenance of armed unmanned aerial 
vehicles.
    Sec. 579.  None of the funds made available by this Act may be used 
in contravention of section 236(c) of the Immigration and Nationality 
Act (8 U.S.C. 1226(c)).
    Sec. 580.  None of the funds made available in this Act may be used 
to enforce Executive Order 13166 (August 16, 2000; 65 Fed. Reg. 50121).
    Sec. 581. (a) None of the funds made available in this Act may be 
used to finalize, implement, administer, or enforce the ``Morton 
Memos'' described in subsection (b).
    (b) For purposes of this section, the term ``Morton Memos'' refers 
to the following documents:
            (1) Policy Number 10072.1, published on March 2, 2011.
            (2) Policy Number 10075.1, published on June 17, 2011.
            (3) Policy Number 10076.1, published on June 17, 2011.
    Sec. 582.  None of the funds made available by this Act may be used 
to terminate an agreement governing a delegation of authority under 
section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) that is in existence on the date of the enactment of this Act.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2013''.

            Passed the House of Representatives June 7, 2012.

            Attest:

                                                                 Clerk.
112th CONGRESS

  2d Session

                               H. R. 5855

_______________________________________________________________________

                                 AN ACT

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2013, and for other purposes.