[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 933 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
March 20, 2013.
Resolved, That the bill from the House of Representatives (H.R.
933) entitled ``An Act making appropriations for the Department of
Defense, the Department of Veterans Affairs, and other departments and
agencies for the fiscal year ending September 30, 2013, and for other
purposes.'', do pass with the following
AMENDMENTS:
Strike all after the enacting clause, and insert in lieu
thereof:
short title
Section 1. This Act may be cited as the ``Consolidated and Further
Continuing Appropriations Act, 2013''.
table of contents
Sec. 2. The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Availability of funds.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2013
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2013
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related agencies
Title V--General provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2013
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related agencies
Title VIII--General provisions
Title IX--Overseas contingency operations
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2013
Title I--Departmental management and operations
Title II--Security, enforcement, and investigations
Title III--Protection, preparedness, response, and recovery
Title IV--Research and development, training, and services
Title V--General provisions
DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2013
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION F--FURTHER CONTINUING APPROPRIATIONS ACT, 2013
Title I--General Provisions
Title II--Energy and Water Development
Title III--Financial Services and General Government
Title IV--Interior, Environment, and Related Agencies
Title V--Labor, Health and Human Services, and Education, and Related
Agencies
Title VI--Legislative Branch
Title VII--Department of State, Foreign Operations, and Related
Programs
Title VIII--Transportation and Housing and Urban Development, and
Related Agencies
DIVISION G--OTHER MATTERS
references
Sec. 3. Except as expressly provided otherwise, any reference to
``this Act'' contained in division A, B, C, D, or E of this Act shall
be treated as referring only to the provisions of that division.
explanatory statement
Sec. 4. The explanatory statement regarding this Act printed in the
Senate section of the Congressional Record on or about March 11, 2013,
by the Chairwoman of the Committee on Appropriations of the Senate
shall have the same effect with respect to the allocation of funds and
implementation of this Act as if it were a joint explanatory statement
of a committee of conference.
availability of funds
Sec. 5. Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available (or rescinded, if applicable)
only if the President subsequently so designates all such amounts and
transmits such designations to the Congress.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2013, for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs and for other purposes,
namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $46,388,000,
of which not to exceed $5,051,000 shall be available for the immediate
Office of the Secretary; not to exceed $498,000 shall be available for
the Office of Tribal Relations; not to exceed $1,496,000 shall be
available for the Office of Homeland Security and Emergency
Coordination; not to exceed $1,422,000 shall be available for the
Office of Advocacy and Outreach; not to exceed $25,046,000 shall be
available for the Office of the Assistant Secretary for Administration,
of which $24,242,000 shall be available for Departmental Administration
to provide for necessary expenses for management support services to
offices of the Department and for general administration, security,
repairs and alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical and
efficient work of the Department; not to exceed $3,869,000 shall be
available for the Office of Assistant Secretary for Congressional
Relations to carry out the programs funded by this Act, including
programs involving intergovernmental affairs and liaison within the
executive branch; and not to exceed $9,006,000 shall be available for
the Office of Communications: Provided, That the Secretary of
Agriculture is authorized to transfer funds appropriated for any office
of the Office of the Secretary to any other office of the Office of the
Secretary: Provided further, That no appropriation for any office
shall be increased or decreased by more than 5 percent: Provided
further, That not to exceed $11,000 of the amount made available under
this paragraph for the immediate Office of the Secretary shall be
available for official reception and representation expenses, not
otherwise provided for, as determined by the Secretary: Provided
further, That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the holding
of hearings as required by 5 U.S.C. 551-558: Provided further, That
funds made available under this heading for the Office of Assistant
Secretary for Congressional Relations may be transferred to agencies of
the Department of Agriculture funded by this Act to maintain personnel
at the agency level: Provided further, That no funds made available
under this heading for the Office of Assistant Secretary for
Congressional Relations may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the Committees
on Appropriations of both Houses of Congress on the allocation of these
funds by USDA agency.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$16,008,000, of which $4,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155 and shall be
obligated within 90 days of the enactment of this Act.
national appeals division
For necessary expenses of the National Appeals Division,
$14,225,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,049,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $44,031,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,247,000: Provided, That no funds made available by this
appropriation may be obligated for FAIR Act or Circular A-76 activities
until the Secretary has submitted to the Committees on Appropriations
of both Houses of Congress and the Committee on Oversight and
Government Reform of the House of Representatives a report on the
Department's contracting out policies, including agency budgets for
contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $893,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $22,692,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $271,336,000, to remain available until expended, of
which $175,694,000 shall be available for payments to the General
Services Administration for rent; of which $13,473,000 is for payments
to the Department of Homeland Security for building security
activities; and of which $82,169,000 is for buildings operations and
maintenance expenses: Provided, That the Secretary may use unobligated
prior year balances of an agency or office that are no longer available
for new obligation to cover shortfalls incurred in prior year rental
payments for such agency or office: Provided further, That the
Secretary is authorized to transfer funds from a Departmental agency to
this account to recover the full cost of the space and security
expenses of that agency that are funded by this account when the actual
costs exceed the agency estimate which will be available for the
activities and payments described herein.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.), $3,992,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials Management
may be transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978,
$89,016,000, including such sums as may be necessary for contracting
and other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of 1978, and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-452 and
section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$45,074,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $3,405,000.
Office of the Under Secretary for Research, Education and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education and Economics, $893,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$77,397,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $179,477,000, of which up to $62,500,000 shall be available
until expended for the Census of Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,101,853,000: Provided, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only: Provided further,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of constructing
any one building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and except for
10 buildings to be constructed or improved at a cost not to exceed
$750,000 each, and the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building or $375,000, whichever is greater: Provided
further, That the limitations on alterations contained in this Act
shall not apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That appropriations
hereunder shall be available for granting easements at the Beltsville
Agricultural Research Center: Provided further, That the foregoing
limitations shall not apply to replacement of buildings needed to carry
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting easements at
any Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by, and acceptable
to, the Agricultural Research Service and a condition of the easements
shall be that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if the
Secretary finds that acceptance of the facility is in the interest of
the United States: Provided further, That section 732(b) of division A
of Public Law 112-55 (125 Stat. 587) is amended by adding at the end
the following new sentence: ``The conveyance authority provided by this
subsection expires September 30, 2013, and all conveyances under this
subsection must be completed by that date.'': Provided further, That
funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing or
operating any research facility or research project of the Agricultural
Research Service, as authorized by law.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$738,638,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the report
accompanying this Act: Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, Critical Agricultural Materials Act,
veterinary medicine loan repayment, multicultural scholars, graduate
fellowship and institution challenge grants, and grants management
systems shall remain available until expended: Provided further, That
each institution eligible to receive funds under the Evans-Allen
program receives no less than $1,000,000: Provided further, That funds
for education grants for Alaska Native and Native Hawaiian-serving
institutions be made available to individual eligible institutions or
consortia of eligible institutions with funds awarded equally to each
of the States of Alaska and Hawaii: Provided further, That funds for
education grants for 1890 institutions shall be made available to
institutions eligible to receive funds under 7 U.S.C. 3221 and 3222.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $475,854,000, which shall be for the purposes, and in
the amounts, specified in the table titled ``National Institute of Food
and Agriculture, Extension Activities'' in the report accompanying this
Act: Provided, That funds for facility improvements at 1890
institutions shall remain available until expended: Provided further,
That institutions eligible to receive funds under 7 U.S.C. 3221 for
cooperative extension receive no less than $1,000,000: Provided
further, That funds for cooperative extension under sections 3(b) and
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c)
of Public Law 93-471 shall be available for retirement and employees'
compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $21,482,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the report accompanying this Act: Provided, That funds
for the Food and Agriculture Defense Initiative shall remain available
until September 30, 2014.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $893,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$821,851,000, of which $1,500,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $15,970,000, to remain available until expended,
shall be used for the cotton pests program for cost share purposes or
for debt retirement for active eradication zones; of which $36,858,000,
to remain available until expended, shall be for Animal Health
Technical Services; of which $696,000 shall be for activities under the
authority of the Horse Protection Act of 1970, as amended (15 U.S.C.
1831); of which $52,000,000, to remain available until expended, shall
be used to support avian health; of which $4,335,000, to remain
available until expended, shall be for information technology
infrastructure; of which $153,950,000, to remain available until
expended, shall be for specialty crop pests; of which, $9,068,000, to
remain available until expended, shall be for field crop and rangeland
ecosystem pests; of which $56,638,000, to remain available until
expended, shall be for tree and wood pests; of which $2,750,000, to
remain available until expended, shall be for the National Veterinary
Stockpile; of which up to $1,500,000, to remain available until
expended, shall be for the scrapie program for indemnities; of which
$1,500,000, to remain available until expended, shall be for the
wildlife damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services methods
development, $1,000,000 shall remain available until expended:
Provided further, That of amounts available under this heading for the
screwworm program, $4,971,000 shall remain available until expended:
Provided further, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current fiscal
year that does not require minimum matching by the States of at least
40 percent: Provided further, That this appropriation shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed four, of which two shall be for replacement
only: Provided further, That in addition, in emergencies which
threaten any segment of the agricultural production industry of this
country, the Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department such sums
as may be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious disease or
pests of animals, poultry, or plants, and for expenses in accordance
with sections 10411 and 10417 of the Animal Health Protection Act (7
U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection
Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds
transferred for such emergency purposes in the preceding fiscal year
shall be merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law (7 U.S.C.
2250) for the repair and alteration of leased buildings and
improvements, but unless otherwise provided the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In fiscal year 2013, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
Marketing Services
For necessary expenses of the Agricultural Marketing Service,
$78,863,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $62,592,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $20,056,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act
of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,331,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $40,261,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $50,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $811,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,001,427,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148 full-time
equivalent positions shall be employed during fiscal year 2013 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act: Provided further, That the Food
Safety and Inspection Service shall continue implementation of section
11016 of Public Law 110-246: Provided further, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary expenses of the Office of the Under Secretary for
Farm and Foreign Agricultural Services, $893,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,208,290,000:
Provided, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with
this account: Provided further, That funds made available to county
committees shall remain available until expended.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $4,369,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $5,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
and Indian highly fractionated land loans (25 U.S.C. 488) to be
available from funds in the Agricultural Credit Insurance Fund, as
follows: $1,500,000,000 for guaranteed farm ownership loans and
$475,000,000 for farm ownership direct loans; $1,500,000,000 for
unsubsidized guaranteed operating loans and $1,050,090,000 for direct
operating loans; emergency loans, $34,658,000; Indian tribe land
acquisition loans, $2,000,000; guaranteed conservation loans,
$150,000,000; Indian highly fractionated land loans, $10,000,000; and
for boll weevil eradication program loans, $100,000,000: Provided,
That the Secretary shall deem the pink bollworm to be a boll weevil for
the purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership,
$20,140,000 for direct loans; farm operating loans, $58,490,000 for
direct operating loans, $17,850,000 for unsubsidized guaranteed
operating loans, emergency loans, $1,317,000, to remain available until
expended; and Indian highly fractionated land loans, $173,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $312,897,000, of which
$304,977,000 shall be transferred to and merged with the appropriation
for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
For necessary expenses of the Risk Management Agency, $74,900,000:
Provided, That the funds made available under section 522(e) of the
Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the
Common Information Management System: Provided further, That not to
exceed $1,000 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the
funds available to the Commodity Credit Corporation under section 11 of
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $893,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$830,998,000, to remain available until September 30, 2014: Provided,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $14,700,000 is provided.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $893,000.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$206,857,000: Provided, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for advertising
and promotional activities that support the Rural Development mission
area: Provided further, That any balances available from prior years
for the Rural Utilities Service, Rural Housing Service, and the Rural
Business--Cooperative Service salaries and expenses accounts shall be
transferred to and merged with this appropriation.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $900,000,000 shall be for direct loans and $24,000,000,000
shall be for unsubsidized guaranteed loans; $27,952,000 for section 504
housing repair loans; $31,277,000 for section 515 rental housing;
$150,000,000 for section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing acquired
property; and $5,000,000 for section 523 self-help housing land
development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $53,730,000 shall be for
direct loans; section 504 housing repair loans, $3,821,000; and repair,
rehabilitation, and new construction of section 515 rental housing,
$11,000,000: Provided, That to support the loan program level for
section 538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the projected cost of
such loan guarantees pursuant to the provisions of the Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may
not be subsidized: Provided further, That applicants in communities
that have a current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a rural
area for purposes of section 502 guaranteed loans provided under this
heading: Provided further, That of the total amount appropriated in
this paragraph, the amount equal to the amount of Rural Housing
Insurance Fund Program Account funds allocated by the Secretary for
Rural Economic Area Partnership Zones for the fiscal year 2012, shall
be available through June 30, 2013, for communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones:
Provided further, That of the amounts available under this paragraph
for section 502 direct loans, no less than $5,000,000 shall be
available for direct loans for individuals whose homes will be built
pursuant to a program funded with a mutual and self help housing grant
authorized by section 523 of the Housing Act of 1949 until June 1,
2013.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by 42 U.S.C. 1484 and 1486, $16,526,000, to remain
available until expended, for direct farm labor housing loans and
domestic farm labor housing grants and contracts: Provided, That any
balances available for the Farm Labor Program Account shall be
transferred to and merged with this account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $410,627,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) or agreements entered into in
lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949,
$907,128,000; and, in addition, such sums as may be necessary, as
authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That of this amount not
less than $3,000,000 is available for newly constructed units financed
under sections 514 and 516 of the Housing Act of 1949: Provided
further, That rental assistance agreements entered into or renewed
during the current fiscal year shall be funded for a 1-year period:
Provided further, That any unexpended balances remaining at the end of
such 1-year agreements may be transferred and used for the purposes of
any debt reduction; maintenance, repair, or rehabilitation of any
existing projects; preservation; and rental assistance activities
authorized under title V of the Act: Provided further, That rental
assistance provided under agreements entered into prior to fiscal year
2013 for a farm labor multi-family housing project financed under
section 514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period of 12
consecutive months, if such project has a waiting list of tenants
seeking such assistance or the project has rental assistance eligible
tenants who are not receiving such assistance: Provided further, That
such recaptured rental assistance shall, to the extent practicable, be
applied to another farm labor multi-family housing project financed
under section 514 or 516 of the Act.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $27,782,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $10,000,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided
further, That the amount of such voucher shall be the difference
between comparable market rent for the section 515 unit and the tenant
paid rent for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall, to the
maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of Housing and
Urban Development: Provided further, That if the Secretary determines
that the amount made available for vouchers in this or any other Act is
not needed for vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph: Provided
further, That of the funds made available under this heading,
$17,782,000 shall be available for a demonstration program for the
preservation and revitalization of the sections 514, 515, and 516
multi-family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems appropriate,
expressly for the purposes of ensuring the project has sufficient
resources to preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives (including the
ability of owners to obtain reasonable returns on investment) required
by the Secretary: Provided further, That the Secretary shall as part
of the preservation and revitalization agreement obtain a restrictive
use agreement consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional funds for
vouchers described in this paragraph are needed, funds for the
preservation and revitalization demonstration program may be used for
such vouchers: Provided further, That if Congress enacts legislation
to permanently authorize a multi-family rental housing loan
restructuring program similar to the demonstration program described
herein, the Secretary may use funds made available for the
demonstration program under this heading to carry out such legislation
with the prior approval of the Committees on Appropriations of both
Houses of Congress: Provided further, That in addition to any other
available funds, the Secretary may expend not more than $1,000,000
total, from the program funds made available under this heading, for
administrative expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain available
until expended: Provided, That of the total amount appropriated under
this heading, the amount equal to the amount of Mutual and Self-Help
Grants allocated by the Secretary for Rural Economic Area Partnership
Zones for the fiscal year 2012, shall be available through June 30,
2013, for communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $33,136,000, to remain available until
expended: Provided, That of the total amount appropriated under this
heading, the amount equal to the amount of Rural Housing Assistance
Grants allocated by the Secretary for Rural Economic Area Partnership
Zones for the fiscal year 2012, shall be available through June 30,
2013, for communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones.
Rural Community Facilities Program Account
(including transfers of funds)
For gross obligations for the principal amount of direct loans as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $2,200,000,000 for direct
loans and $57,481,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of modifying
loans, as defined in section 502 of the Congressional Budget Act of
1974, $3,880,000, to remain available until expended.
For the cost of grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $28,428,000, to remain
available until expended: Provided, That $6,121,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such funds
shall be used solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally Recognized
Native American Tribes to undertake projects to improve housing,
community facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide
matching funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided: Provided
further, That $5,938,000 of the amount appropriated under this heading
shall be to provide grants for facilities in rural communities with
extreme unemployment and severe economic depression (Public Law 106-
387), with up to 5 percent for administration and capacity building in
the State rural development offices: Provided further, That $3,369,000
of the amount appropriated under this heading shall be available for
community facilities grants to tribal colleges, as authorized by
section 306(a)(19) of such Act: Provided further, That of the total
amount appropriated under this heading, the amount equal to the amount
of Rural Community Facilities Program Account funds allocated by the
Secretary for Rural Economic Area Partnership Zones for the fiscal year
2012, shall be available through June 30, 2013, for communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones: Provided further, That sections 381E-H and 381N of
the Consolidated Farm and Rural Development Act are not applicable to
the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by sections 306 and 310B and described
in subsections (f) and (g) of section 310B and section 381E(d)(3) of
the Consolidated Farm and Rural Development Act, $85,904,000, to remain
available until expended: Provided, That of the amount appropriated
under this heading, not to exceed $1,000,000 shall be made available
for two grants to qualified national organizations to provide technical
assistance for rural transportation in order to promote economic
development and $3,000,000 shall be for grants to the Delta Regional
Authority (7 U.S.C. 2009aa et seq.) for any Rural Community Advancement
Program purpose as described in section 381E(d) of the Consolidated
Farm and Rural Development Act, of which not more than 5 percent may be
used for administrative expenses: Provided further, That $4,000,000 of
the amount appropriated under this heading shall be for business grants
to benefit Federally Recognized Native American Tribes, including
$250,000 for a grant to a qualified national organization to provide
technical assistance for rural transportation in order to promote
economic development: Provided further, That of the total amount
appropriated under this heading, the amount equal to the amount of
Rural Business Program Account funds allocated by the Secretary for
Rural Economic Area Partnership Zones for the fiscal year 2012, shall
be available through June 30, 2013, for communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones for
the rural business and cooperative development programs described in
section 381E(d)(3) of the Consolidated Farm and Rural Development Act:
Provided further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to funds made
available under this heading.
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), $18,889,000.
For the cost of direct loans, $6,052,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $900,000
shall be available through June 30, 2013, for Federally Recognized
Native American Tribes; and of which $2,000,000 shall be available
through June 30, 2013, for Mississippi Delta Region counties (as
determined in accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That of the total amount appropriated under this heading, the
amount equal to the amount of Rural Development Loan Fund Program
Account funds allocated by the Secretary for Rural Economic Area
Partnership Zones for the fiscal year 2012, shall be available through
June 30, 2013, for communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $4,438,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
Rural Economic Development Loans Program Account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification Act
of 1936, $180,000,000 shall not be obligated and $180,000,000 are
rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $27,706,000, of which $2,250,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,456,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged groups; and of
which $15,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1621 note).
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $3,400,000: Provided,
That the cost of loan guarantees, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $524,466,000, to remain
available until expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That $66,500,000 of the amount appropriated under
this heading shall be for loans and grants including water and waste
disposal systems grants authorized by 306C(a)(2)(B) and 306D of the
Consolidated Farm and Rural Development Act, Federally recognized
Native American Tribes authorized by 306C(a)(1), and the Department of
Hawaiian Home Lands (of the State of Hawaii): Provided further, That
funding provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant to
section 325 of Public Law 105-83: Provided further, That not more than
2 percent of the funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be used by the State of Alaska for
training and technical assistance programs and not more than 2 percent
of the funding provided for section 306D of the Consolidated Farm and
Rural Development Act may be used by a consortium formed pursuant to
section 325 of Public Law 105-83 for training and technical assistance
programs: Provided further, That not to exceed $19,000,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $5,750,000 shall be made available for a grant
to a qualified non-profit multi-state regional technical assistance
organization, with experience in working with small communities on
water and waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $15,000,000 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That
not to exceed $3,400,000 shall be for solid waste management grants:
Provided further, That of the total amount appropriated under this
heading, the amount equal to the amount of Rural Water and Waste
Disposal Program Account funds allocated by the Secretary for Rural
Economic Area Partnership Zones for the fiscal year 2012, shall be
available through June 30, 2013, for communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones for
the rural utilities programs described in section 381E(d)(2) of the
Consolidated Farm and Rural Development Act: Provided further, That
$10,000,000 of the amount appropriated under this heading shall be
transferred to, and merged with, the Rural Utilities Service, High
Energy Cost Grants Account to provide grants authorized under section
19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided
further, That any prior year balances for high-energy cost grants
authorized by section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a) shall be transferred to and merged with the Rural
Utilities Service, High Energy Cost Grants Account: Provided further,
That sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available under
this heading.
For gross obligations for the principal amount of direct loans as
authorized by section 1006a of title 16 of the United States Code,
except for the limitations contained in the last sentence of such
section, for projects whose features include agricultural water supply
benefits, groundwater protection, environmental enhancement and flood
control, $40,000,000: Provided, That such loans shall be made by the
Rural Utilities Service.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized
by sections 305 and 306 of the Rural Electrification Act of 1936 (7
U.S.C. 935 and 936) shall be made as follows: 5 percent rural
electrification loans, $100,000,000; loans made pursuant to section 306
of that Act, rural electric, $6,500,000,000; guaranteed underwriting
loans pursuant to section 313A, $500,000,000; cost of money rural
telecommunications loans, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition, or
improvement of fossil-fueled electric generating plants (whether new or
existing) that utilize carbon sequestration systems.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $34,467,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$42,239,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $24,950,000, to remain
available until expended: Provided, That $3,000,000 shall be made
available for grants authorized by 379G of the Consolidated Farm and
Rural Development Act: Provided further, That funding provided under
this heading for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet all of the
eligibility criteria for a consortium as established by this section:
Provided further, That $3,000,000 shall be made available to those
noncommercial educational television broadcast stations that serve
rural areas and are qualified for Community Service Grants by the
Corporation for Public Broadcasting under section 396(k) of the
Communications Act of 1934, including associated translators and
repeaters, regardless of the location of their main transmitter,
studio-to-transmitter links, and equipment to allow local control over
digital content and programming through the use of high-definition
broadcast, multi-casting and datacasting technologies.
For the cost of broadband loans, as authorized by section 601 of
the Rural Electrification Act, $4,000,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, $10,372,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition and Consumer Services, $811,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $19,916,436,000, to remain available through September 30,
2014, of which such sums as are made available under section
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $16,504,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $35,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies and
schools to purchase the equipment needed to serve healthier meals,
improve food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $7,046,000,000, to remain available
through September 30, 2014: Provided, That notwithstanding section
17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
not less than $60,000,000 shall be used for breastfeeding peer
counselors and other related activities, $14,000,000 shall be used for
infrastructure, and $35,000,000 shall be used for management
information systems: Provided further, That funds made available for
the purposes specified in section 17(h)(10)(B)(i) and section
17(h)(10)(B)(ii) shall only be made available upon a determination by
the Secretary that funds are available to meet caseload requirements
without the use of funds in the contingency reserve that are without
fiscal year limitation: Provided further, That none of the funds
provided in this account shall be available for the purchase of infant
formula except in accordance with the cost containment and competitive
bidding requirements specified in section 17 of such Act: Provided
further, That none of the funds provided shall be available for
activities that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of such Act.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $77,290,160,000, of which $3,000,000,000,
to remain available through September 30, 2014, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
provided herein shall be expended in accordance with section 16 of the
Food and Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to provide
nutrition education services to state agencies and Federally recognized
tribes participating in the Food Distribution Program on Indian
Reservations: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available until
expended, notwithstanding section 16(h)(1) of the Food and Nutrition
Act of 2008: Provided further, That funds made available under this
heading may be used to enter into contracts and employ staff to conduct
studies, evaluations, or to conduct activities related to program
integrity provided that such activities are authorized by the Food and
Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $253,952,000, to
remain available through September 30, 2014: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2013 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2014: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$143,505,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171,
as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $158,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $176,789,000: Provided, That the Service may utilize
advances of funds, or reimburse this appropriation for expenditures
made on behalf of Federal agencies, public and private organizations
and institutions under agreements executed pursuant to the agricultural
food production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for middle-
income country training programs, funds made available for the Borlaug
International Agricultural Science and Technology Fellowship program,
and up to $2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in international
currency exchange rates, subject to documentation by the Foreign
Agricultural Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfers of funds)
For administrative expenses to carry out the credit program of
title I, Food for Peace Act (Public Law 83-480) and the Food for
Progress Act of 1985, $2,806,000, shall be transferred to and merged
with the appropriation for ``Farm Service Agency, Salaries and
Expenses'': Provided, That funds made available for the cost of
agreements under title I of the Agricultural Trade Development and
Assistance Act of 1954 and for title I ocean freight differential may
be used interchangeably between the two accounts with prior notice to
the Committees on Appropriations of both Houses of Congress.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480, as amended),
for commodities supplied in connection with dispositions abroad under
title II of said Act, $1,435,000,000, to remain available until
expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $184,000,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein.
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103,
$6,806,000; to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $6,452,000 shall
be transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $354,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding section 521 of
Public Law 107-188; $4,223,295,000: Provided, That of the amount
provided under this heading, $718,669,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h, and shall be
credited to this account and remain available until expended, and shall
not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3)
assessed for fiscal year 2014 but collected in fiscal year 2013;
$97,722,000 shall be derived from medical device user fees authorized
by 21 U.S.C. 379j, and shall be credited to this account and remain
available until expended; $299,000,000 shall be derived from human
generic drug user fees authorized by 21 U.S.C. 379j-42, and shall be
credited to this account and remain available until expended;
$20,242,000 shall be derived from biosimilar biological product user
fees authorized by 21 U.S.C. 379j-52, and shall be credited to this
account and remain available until expended; $23,848,000 shall be
derived from animal drug user fees authorized by 21 U.S.C. 379j-12, and
shall be credited to this account and remain available until expended;
$6,031,000 shall be derived from animal generic drug user fees
authorized by 21 U.S.C. 379j-21, and shall be credited to this account
and remain available until expended; $505,000,000 shall be derived from
tobacco product user fees authorized by 21 U.S.C. 387s, and shall be
credited to this account and remain available until expended;
$12,925,000 shall be derived from food and feed recall fees authorized
by 21 U.S.C. 379j-31, and shall be credited to this account and remain
available until expended; $15,367,000 shall be derived from food
reinspection fees authorized by 21 U.S.C. 379j-31, and shall be
credited to this account and remain available until expended; and
amounts derived from voluntary qualified importer program fees
authorized by 21 U.S.C. 379j-31, and shall be credited to this account
and remain available until expended: Provided further, That in
addition and notwithstanding any other provision under this heading,
amounts collected for prescription drug user fees, medical device user
fees, human generic drug user fees, biosimilar biological product user
fees, animal drug user fees, and animal generic drug user fees that
exceed the respective fiscal year 2013 limitations are appropriated and
shall be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, animal drug, and animal generic drug assessments for fiscal
year 2013 received during fiscal year 2013, including any such fees
assessed prior to fiscal year 2013 but credited for fiscal year 2013,
shall be subject to the fiscal year 2013 limitations: Provided
further, That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C. 9701:
Provided further, That of the total amount appropriated: (1)
$887,162,000 shall be for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of Regulatory
Affairs; (2) $1,261,369,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of Regulatory
Affairs; (3) $329,708,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the Office
of Regulatory Affairs; (4) $167,576,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $393,988,000 shall be for the Center for
Devices and Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $59,429,000 shall be for the National
Center for Toxicological Research; (7) $482,398,000 shall be for the
Center for Tobacco Products and for related field activities in the
Office of Regulatory Affairs; (8) not to exceed $168,971,000 shall be
for Rent and Related activities, of which $61,713,000 is for White Oak
Consolidation, other than the amounts paid to the General Services
Administration for rent; (9) not to exceed $213,352,000 shall be for
payments to the General Services Administration for rent; and (10)
$259,342,000 shall be for other activities, including the Office of the
Commissioner of Food and Drugs, the Office of Foods and Veterinary
Medicine, the Office of Medical and Tobacco Products, the Office of
Global and Regulatory Policy, the Office of Operations, the Office of
the Chief Scientist, and central services for these offices: Provided
further, That the Secretary may, prior to the due date for such fees,
accept payment of prescription drug user fees, medical device user
fees, human generic drug user fees, biosimilar biological product user
fees, animal drug user fees and animal generic drug user fees
authorized for fiscal year 2014, and that amounts of such fees assessed
for fiscal year 2014 for which the Secretary accepts payment in fiscal
year 2013 shall not be included in amounts provided under this heading:
Provided further, That not to exceed $25,000 of this amount shall be
for official reception and representation expenses, not otherwise
provided for, as determined by the Commissioner: Provided further,
That any transfer of funds pursuant to section 770(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from
amounts made available under this heading for other activities:
Provided further, That funds may be transferred from one specified
activity to another with the prior approval of the Committees on
Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, and
priority review user fees authorized by 21 U.S.C. 360n may be credited
to this account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$5,320,000, to remain available until expended.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $63,300,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically provided
for, of not to exceed 204 passenger motor vehicles of which 170 shall
be for replacement only, and for the hire of such vehicles: Provided,
That notwithstanding this section, the only purchase of new passenger
vehicles shall be for those determined by the Secretary to be necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances of the Department of Agriculture
that are remaining available at the end of the fiscal year, to the
Working Capital Fund for the acquisition of plant and capital equipment
necessary for the delivery of financial, administrative, and
information technology services of primary benefit to the agencies of
the Department of Agriculture, such transferred funds to remain
available until expended: Provided, That none of the funds made
available by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available
for obligation without written notification to and the prior approval
of the Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this Act or
made available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes to the
Department's National Finance Center without written notification to
and prior approval of the Committees on Appropriations of both Houses
of Congress as required by section 726 of this Act: Provided further,
That of annual income amounts in the Working Capital Fund of the
Department of Agriculture allocated for the National Finance Center,
the Secretary may reserve not more than 4 percent for the replacement
or acquisition of capital equipment, including equipment for the
improvement and implementation of a financial management plan,
information technology, and other systems of the National Finance
Center or to pay any unforeseen, extraordinary cost of the National
Finance Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary submits written
notification of the obligation to the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That
the limitation on the obligation of funds pending notification to
Congressional Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a declared
state of emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the National
Finance Center to a safe haven to continue operations of the National
Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 706. Funds made available by this Act under title II of the
Food for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator of the U.S. Agency for International
Development, are in place to ensure that emergency food aid is received
by the intended beneficiaries in areas affected by food shortages and
not diverted for unauthorized or inappropriate purposes.
Sec. 707. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds available to the
Department of Agriculture for information technology shall be obligated
for projects over $25,000 prior to receipt of written approval by the
Chief Information Officer.
Sec. 708. Funds made available under section 1240I and section
1241(a) of the Food Security Act of 1985 and section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year.
Sec. 709. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or
guaranteed loan under the Rural Electrification Act of 1936, or any
not-for-profit utility that is eligible to receive an insured or direct
loan under such Act, shall be eligible for assistance under section
313(b)(2)(B) of such Act in the same manner as a borrower under such
Act.
Sec. 710. Notwithstanding any other provision of law, for the
purposes of a grant under section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998, none of the funds in this
or any other Act may be used to prohibit the provision of in-kind
support from non-Federal sources under section 412(e)(3) of such Act in
the form of unrecovered indirect costs not otherwise charged against
the grant, consistent with the indirect rate of cost approved for a
recipient.
Sec. 711. Except as otherwise specifically provided by law,
unobligated balances from appropriations made available for salaries
and expenses in this Act for the Farm Service Agency and the Rural
Development mission area, shall remain available through September 30,
2014, for information technology expenses.
Sec. 712. The Secretary of Agriculture may authorize a State
agency to use funds provided in this Act to exceed the maximum amount
of liquid infant formula specified in 7 CFR 246.10 when issuing liquid
infant formula to participants.
Sec. 713. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 714. In the case of each program established or amended by
the Food, Conservation, and Energy Act of 2008 (Public Law 110-246),
other than by title I or subtitle A of title III of such Act, that is
authorized or required to be carried out using funds of the Commodity
Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 715. Notwithstanding any other provision of law, the
requirements pursuant to 7 U.S.C. 1736f(e)(1) may be waived for any
amounts higher than those specified under this authority for fiscal
year 2009.
Sec. 716. None of the funds made available in fiscal year 2013 or
preceding fiscal years for programs authorized under the Food for Peace
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to
reimburse the Commodity Credit Corporation for the release of eligible
commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian
Trust Act (7 U.S.C. 1736f-1): Provided, That any such funds made
available to reimburse the Commodity Credit Corporation shall only be
used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson
Humanitarian Trust Act.
Sec. 717. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 718. None of the funds in this Act shall be available to pay
indirect costs charged against any agricultural research, education, or
extension grant awards issued by the National Institute of Food and
Agriculture that exceed 30 percent of total Federal funds provided
under each award: Provided, That notwithstanding section 1462 of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the National Institute of Food and Agriculture shall
be available to pay full allowable indirect costs for each grant
awarded under section 9 of the Small Business Act (15 U.S.C. 638).
Sec. 719. For an additional amount for ``Food and Drug
Administration, Salaries and Expenses'', $50,000,000, to remain
available until expended, of which $40,000,000 is for one-time
activities directly related to implementation of the Food Safety
Modernization Act, and of which $10,000,000 is for one-time activities
directly related to improving the safety of the human drug supply.
Sec. 720. There is hereby appropriated $1,996,000 to carry out
section 1621 of Public Law 110-246.
Sec. 721. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out the following:
(1) The Watershed Rehabilitation program authorized by
section 14(h) of the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1012(h));
(2) The Environmental Quality Incentives Program as
authorized by sections 1240-1240H of the Food Security Act of
1985 (16 U.S.C. 3839aa-3839aa-8) in excess of $1,400,000,000;
(3) The Wildlife Habitat Incentives Act authorized by
section 1240N of the Food Security Act of 1985, as amended (16
U.S.C. 3839bb-1)) in excess of $73,000,000; and
(4) Agricultural Management Assistance Program as
authorized by section 524 of the Federal Crop Insurance Act, as
amended (7 U.S.C. 1524) in excess of $2,500,000 for the Natural
Resources Conservation Service.
Sec. 722. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under subsection
(b)(2)(A)(v) of section 14222 of Public Law 110-246 in excess of
$981,000,000, as follows: Child Nutrition Programs Entitlement
Commodities--$465,000,000; State Option Contracts--$5,000,000; Removal
of Defective Commodities--$2,500,000: Provided, That none of the funds
made available in this Act or any other Act shall be used for salaries
and expenses to carry out in this fiscal year section 19(i)(1)(E) of
the Richard B. Russell National School Lunch Act as amended by section
4304 of Public Law 110-246 in excess of $41,000,000, including the
transfer of funds under subsection (c) of section 14222 of Public Law
110-246, until October 1, 2013: Provided further, That $117,000,000
made available on October 1, 2013, to carry out section 19(i)(1)(E) of
the Richard B. Russell National School Lunch Act as amended by section
4304 of Public Law 110-246 shall be excluded from the limitation
described in subsection (b)(2)(A)(vi) of section 14222 of Public Law
110-246: Provided further, That none of the funds appropriated or
otherwise made available by this or any other Act shall be used to pay
the salaries or expenses of any employee of the Department of
Agriculture or officer of the Commodity Credit Corporation to carry out
clause 3 of section 32 of the Agricultural Adjustment Act of 1935
(Public Law 74-320, 7 U.S.C. 612c, as amended), or for any surplus
removal activities or price support activities under section 5 of the
Commodity Credit Corporation Charter Act: Provided further, That of
the available unobligated balances under (b)(2)(A)(v) of section 14222
of Public Law 110-246, $150,000,000 are hereby rescinded.
Sec. 723. Subject to authorizing legislation by the House
Committee on Agriculture and the Senate Committee on Agriculture,
Nutrition, and Forestry, the Secretary may reserve, through April 1,
2013, up to 5 percent of the funding available for the following items
for projects in areas that are engaged in strategic regional
development planning as defined by the Secretary: business and industry
guaranteed loans; rural development loan fund; rural business
enterprise grants; rural business opportunity grants; rural economic
development program; rural microenterprise program; biorefinery
assistance program; rural energy for America program; value-added
producer grants; broadband program; water and waste program; and rural
community facilities program.
Sec. 724. There is hereby appropriated $600,000 for the purposes
of section 727 of division A of Public Law 112-55.
Sec. 725. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the budget unless such budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2014 appropriations Act.
Sec. 726. (a) None of the funds provided by this Act, or provided
by previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the Department of
Agriculture, through use of the authority provided by section 702(b) of
the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
section 8 of Public Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(as the case may be) notifies, in writing, the Committees on
Appropriations of both Houses of Congress at least 30 days in advance
of the reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of $500,000 or
10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading
Commission (as the case may be) notifies, in writing, the
Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming or transfer of
such funds or the use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify in writing the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not carried out
during the previous fiscal year unless the program or activity is
funded by this Act or specifically funded by any other Act.
(d) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Secretary of Health
and Human Services or the Chairman of the Commodity Futures Trading
Commission receives from the Committee on Appropriations of both Houses
of Congress written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 727. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 728. None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and Drug
Administration shall be used to transmit or otherwise make available to
any non-Department of Agriculture or non-Department of Health and Human
Services employee questions or responses to questions that are a result
of information requested for the appropriations hearing process.
Sec. 729. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 730. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
30 days unless the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary and
expenses of the employee for the period of assignment.
Sec. 731. Notwithstanding any other provision of law, any area
eligible for rural housing programs of the Rural Housing Service on
September 30, 2012, shall remain eligible for such programs until
September 30, 2013.
Sec. 732. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to
any corporation that was convicted (or had an officer or agent of such
corporation acting on behalf of the corporation convicted) of a felony
criminal violation under any Federal or State law within the preceding
24 months, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation,
or such officer or agent, and made a determination that this further
action is not necessary to protect the interests of the Government.
Sec. 733. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of
the corporation and made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 734. None of the funds made available by this Act may be used
to pay the salaries and expenses of personnel who provide nonrecourse
marketing assistance loans for mohair under section 1201 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8731).
Sec. 735. In the event that a determination of non-regulated
status made pursuant to section 411 of the Plant Protection Act is or
has been invalidated or vacated, the Secretary of Agriculture shall,
notwithstanding any other provision of law, upon request by a farmer,
grower, farm operator, or producer, immediately grant temporary
permit(s) or temporary deregulation in part, subject to necessary and
appropriate conditions consistent with section 411(a) or 412(c) of the
Plant Protection Act, which interim conditions shall authorize the
movement, introduction, continued cultivation, commercialization and
other specifically enumerated activities and requirements, including
measures designed to mitigate or minimize potential adverse
environmental effects, if any, relevant to the Secretary's evaluation
of the petition for non-regulated status, while ensuring that growers
or other users are able to move, plant, cultivate, introduce into
commerce and carry out other authorized activities in a timely manner:
Provided, That all such conditions shall be applicable only for the
interim period necessary for the Secretary to complete any required
analyses or consultations related to the petition for non-regulated
status: Provided further, That nothing in this section shall be
construed as limiting the Secretary's authority under section 411, 412
and 414 of the Plant Protection Act.
Sec. 736. None of the funds made available by this or any other
Act may be used to pay for mitigation associated with the removal of
Federal Energy Regulatory Commission Project number 2342.
Sec. 737. Of the unobligated balance of funds available to the
Department of Agriculture for the cost of broadband loans under the
heading ``Rural Development Programs--Rural Utilities Service--Distance
Learning, Telemedicine, and Broadband Program'' in prior appropriation
Acts, $25,320,000 is rescinded.
Sec. 738. Of the unobligated balances provided pursuant to section
9004(d)(1) of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8104), $28,045,000 are hereby rescinded.
Sec. 739. Funds received by the Secretary of Agriculture in the
global settlement of any Federal litigation concerning Federal mortgage
loans during fiscal year 2012 may be expended, in addition to any other
available funds, by the Rural Housing Service to pay for costs
associated with servicing single family housing loans guaranteed by the
Rural Housing Service and such funds shall remain available until
expended.
Sec. 740. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food
and Drug Administration, and the Chairman of the Farm Credit
Administration shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a detailed spending plan by
program, project, and activity for the funds made available under this
Act.
Sec. 741. There is hereby appropriated for the ``Emergency
Conservation Program'', $11,100,000, to remain available until
expended; for the ``Emergency Forestry Restoration Program'',
$14,200,000, to remain available until expended; and for the
``Emergency Watershed Protection Program'', $65,454,000, to remain
available until expended: Provided, That not less than $48,257,000
made available for the Emergency Watershed Protection Program under
this general provision are provided for necessary expenses for a major
disaster declaration issued under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et. seq.).
Sec. 742. None of the funds made available by this or any other
Act may be used to write, prepare, or publish a final rule or an
interim final rule in furtherance of, or otherwise to implement,
``Implementation of Regulations Required Under Title XI, of the Food,
Conservation and Energy Act of 2008; Conduct in Violation of the Act''
(75 Fed. Reg. 35338 (June 22, 2010)) unless the combined annual cost to
the economy of such rules does not exceed $100,000,000 or such rules
have already been published in compliance with Section 721 of the
Consolidated and Further Continuing Appropriations Act, 2012, Public
Law 112-55: Provided, That no funds made available by this or any
other Act be used to publish a final or interim final rule in
furtherance of, or otherwise to implement, proposed sections 201.2(l),
201.2(t), 201.2(u), 201.3(c), 201.210, 201.211, 201.213, or 201.214 of
``Implementation of Regulations Required Under Title XI of the Food,
Conservation and Energy Act of 2008; Conduct in Violation of the Act''
(75 Fed. Reg. 35338 (June 22, 2010)): Provided further, That none of
the funds made available by this or any other Act may be used to
implement such rules until 60 days from the publication date of such
rules: Provided further, That none of the funds made available by this
Act may be used to enforce or to take regulatory action based on or in
furtherance of sections 201.2(o), 201.3(a), or 201.215(a), of Title 9
of the Code of Federal Regulations, as they exist at the time this Act
is passed, or to write, prepare, or publish a final or interim final
rule in furtherance of, or otherwise to implement, the definitions or
criteria embodied in these sections: Provided further, That the
Secretary of Agriculture shall, within 60 days, rescind sections
201.2(o), 201.3(a), or 201.215(a), of Title 9 of the Code of Federal
Regulations.
Sec. 743. Notwithstanding any other provision of this Act--
(1) the amount made available for buildings operations and
maintenance expenses in the matter before the first proviso
under the heading ``Agriculture Buildings and Facilities and
Rental Payments'' under the heading ``AGRICULTURAL PROGRAMS''
in title I shall be $52,169,000;
(2) the amount made available for necessary expenses to
carry out services authorized by the Federal Meat Inspection
Act, the Poultry Products Inspection Act, and the Egg Products
Inspection Act in the matter before the first proviso under the
heading ``Food Safety and Inspection Service'' under the
heading ``AGRICULTURAL PROGRAMS'' in title I shall be
$1,056,427,000; and
(3) the amount made available to provide competitive grants
to State agencies in the second proviso under the heading
``child nutrition programs'' under the heading ``Food and
Nutrition Service'' under the heading ``DOMESTIC FOOD
PROGRAMS'' in title IV shall be $10,000,000.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2013''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, for Departments of Commerce
and Justice, and Science, and Related Agencies for the fiscal year
ending September 30, 2013, and for other purposes, namely:
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to sections 3702 and 3703 of title 44,
United States Code; full medical coverage for dependent members of
immediate families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of employees of
the International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States Code;
employment of citizens of the United States and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of section 2672 of title 28, United States Code, when such
claims arise in foreign countries; not to exceed $294,300 for official
representation expenses abroad; purchase of passenger motor vehicles
for official use abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie lines,
$482,538,000, to remain available until September 30, 2014, of which
$11,360,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding section 3302 of
title 31, United States Code: Provided, That, of amounts provided
under this heading, not less than $16,400,000 shall be for China
antidumping and countervailing duty enforcement and compliance
activities: Provided further, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities; and that for the
purpose of this Act, contributions under the provisions of the Mutual
Educational and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens by
contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not to exceed
$13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to any price
limitation otherwise established by law, $101,796,000, to remain
available until expended: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, for the cost of loan guarantees authorized by section 26 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3721), and for grants, and for the cost of loan guarantees authorized
by section 27 (15 U.S.C. 3722) of such Act, $187,300,000, to remain
available until expended; of which $5,000,000 shall be for projects to
facilitate the relocation, to the United States, of a source of
employment located outside the United States; of which $5,000,000 shall
be for loan guarantees under section 26; and of which up to $5,000,000
shall be for loan guarantees under section 27: Provided, That the
costs for loan guarantees, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds for loan guarantees under
such sections 26 and 27 combined are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$70,000,000.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $37,500,000: Provided,
That these funds may be used to monitor projects approved pursuant to
title I of the Public Works Employment Act of 1976, title II of the
Trade Act of 1974, and the Community Emergency Drought Relief Act of
1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $28,689,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$100,228,000, to remain available until September 30, 2014.
Bureau of the Census
salaries and expenses
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics, provided for by law, $256,255,000:
Provided, That, from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities.
periodic censuses and programs
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics for periodic censuses and programs,
provided for by law, $667,953,000, to remain available until September
30, 2014: Provided, That $649,953,000 is appropriated from the general
fund and $18,000,000 is derived from available unobligated balances
from the Census Working Capital Fund: Provided further, That from
amounts provided herein, funds may be used for promotion, outreach, and
marketing activities: Provided further, That within the amounts
appropriated, $1,000,000 shall be transferred to the ``Office of
Inspector General'' account for activities associated with carrying out
investigations and audits related to the Bureau of the Census.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $45,994,000,
to remain available until September 30, 2014: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $2,933,241,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2013, so as to result in a fiscal year 2013
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2013, should the total amount of such
offsetting collections be less than $2,933,241,000 this amount shall be
reduced accordingly: Provided further, That any amount received in
excess of $2,933,241,000 in fiscal year 2013 and deposited in the
Patent and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That from amounts
provided herein, not to exceed $900 shall be made available in fiscal
year 2013 for official reception and representation expenses: Provided
further, That in fiscal year 2013 from the amounts made available for
``Salaries and Expenses'' for the USPTO, the amounts necessary to pay
(1) the difference between the percentage of basic pay contributed by
the USPTO and employees under section 8334(a) of title 5, United States
Code, and the normal cost percentage (as defined by section 8331(17) of
that title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as
appropriate, and shall be available for the authorized purposes of
those accounts: Provided further, That any differences between the
present value factors published in OPM's yearly 300 series benefit
letters and the factors that OPM provides for USPTO's specific use
shall be recognized as an imputed cost on USPTO's financial statements,
where applicable: Provided further, That, notwithstanding any other
provision of law, all fees and surcharges assessed and collected by
USPTO are available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the Leahy-Smith
America Invents Act (Public Law 112-29): Provided further, That within
the amounts appropriated, $2,000,000 shall be transferred to the
``Office of Inspector General'' account for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology (NIST), $621,173,000, to remain available until expended, of
which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That not to exceed $5,000 shall be for
official reception and representation expenses: Provided further, That
NIST may provide local transportation for summer undergraduate research
fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$143,000,000, to remain available until expended, of which $128,500,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $14,500,000 shall be for the Advanced Manufacturing Technology
Consortia.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by
sections 13 through 15 of the National Institute of Standards and
Technology Act (15 U.S.C. 278c-278e), $60,000,000, to remain available
until expended: Provided, That the Secretary of Commerce shall include
in the budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Institute of
Standards and Technology construction project having a total multi-year
program cost of more than $5,000,000 and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the five subsequent
fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or
other payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; and
relocation of facilities, $3,112,614,000, to remain available until
September 30, 2014, except that funds provided for cooperative
enforcement shall remain available until September 30, 2015: Provided,
That fees and donations received by the National Ocean Service for the
management of national marine sanctuaries may be retained and used for
the salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code: Provided
further, That in addition, $119,064,000 shall be derived by transfer
from the fund entitled ``Promote and Develop Fishery Products and
Research Pertaining to American Fisheries'', which shall only be used
for fishery activities related to Cooperative Research, Annual Stock
Assessments, Survey and Monitoring Projects, Interjurisdictional
Fisheries Grants, and Fish Information Networks: Provided further,
That of the $3,246,678,000 provided for in direct obligations under
this heading $3,112,614,000 is appropriated from the general fund,
$119,064,000 is provided by transfer and $15,000,000 is derived from
recoveries of prior year obligations: Provided further, That the total
amount available for National Oceanic and Atmospheric Administration
corporate services administrative support costs shall not exceed
$212,664,000: Provided further, That any deviation from the amounts
designated for specific activities in the statement accompanying this
Act, or any use of deobligated balances of funds provided under this
heading in previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That in allocating
grants under sections 306 and 306A of the Coastal Zone Management Act
of 1972, as amended, no coastal State shall receive more than 5 percent
or less than 1 percent of increased funds appropriated over the
previous fiscal year: Provided further, That in addition, for
necessary retired pay expenses under the Retired Serviceman's Family
Protection and Survivor Benefits Plan, and for payments for the medical
care of retired personnel and their dependents under the Dependents
Medical Care Act (10 U.S.C. 55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,926,036,000, to remain available
until September 30, 2015, except that funds provided for construction
of facilities shall remain available until expended: Provided, That of
the $1,941,036,000 provided for in direct obligations under this
heading, $1,926,036,000 is appropriated from the general fund and
$15,000,000 is provided from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated for
specific activities in the statement accompanying this Act, or any use
of deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth in section
505 of this Act: Provided further, That the Secretary of Commerce
shall include in budget justification materials that the Secretary
submits to Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or construction
project having a total of more than $5,000,000 and simultaneously the
budget justification shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years: Provided further, That, within the amounts appropriated,
$1,000,000 shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out investigations and
audits related to satellite procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September
30, 2014: Provided, That, of the funds provided herein, the Secretary
of Commerce may issue grants to the States of Washington, Oregon,
Idaho, Nevada, California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead populations
that are listed as threatened or endangered, or that are identified by
a State as at-risk to be so listed, for maintaining populations
necessary for exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal salmon and
steelhead habitat, based on guidelines to be developed by the Secretary
of Commerce: Provided further, That all funds shall be allocated based
on scientific and other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or documented in-
kind contributions of at least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $350,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2013, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$59,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936: Provided, That none of the funds made available
under this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $56,000,000: Provided, That the
Secretary of Commerce shall maintain a task force on job repatriation
and manufacturing growth and shall produce an annual report on related
incentive strategies, implementation plans and program results.
renovation and modernization
For expenses necessary for the renovation and modernization of
Department of Commerce facilities, $2,040,000, to remain available
until expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $28,753,000.
General Provisions--Department of Commerce
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
Sec. 104. Any costs incurred by a department or agency funded
under this title resulting from personnel actions taken in response to
funding reductions included in this title or from actions taken for the
care and protection of loan collateral or grant property shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Sec. 105. (a) Section 105(f) of the Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2012 (Public Law 112-55) is
amended--
(1) by striking ``paragraph (2)'' and inserting
``subsection (e)(2)''; and
(2) by striking ``this subsection'' and inserting
``subsection (e)''.
(b) The requirements set forth by section 105 of the Commerce,
Justice, Science, and Related Agencies Appropriations Act, 2012 (Public
Law 112-55), as amended by subsection (a) of this section, are hereby
adopted by reference.
Sec. 106. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms,
or organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to
the Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 107. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 108. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of the United
States, or of any State, local government, Indian tribal government,
Territory, or possession, or of any political subdivision thereof, or
of any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 109. The Department of Commerce shall provide a monthly
report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of the U.S. Department of Commerce, including the purpose of
such travel.
Sec. 110. Section 113(b)(3) of division B of Public Law 112-55 is
amended by striking ``2012'' and inserting ``2013''.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2013''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $110,822,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$33,426,000, to remain available until expended.
administrative review and appeals
(including transfer of funds)
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities, $313,438,000, of
which $4,000,000 shall be derived by transfer from the Executive Office
for Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account.
office of inspector general
For necessary expenses of the Office of Inspector General,
$85,985,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $12,772,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia, $881,000,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until expended:
Provided, That of the total amount appropriated, not to exceed $9,000
shall be available to INTERPOL Washington for official reception and
representation expenses: Provided further, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ``Salaries and Expenses, General Legal Activities''
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That of the amount appropriated, such sums as may be
necessary shall be available to reimburse the Office of Personnel
Management for salaries and expenses associated with the election
monitoring program under section 8 of the Voting Rights Act of 1965 (42
U.S.C. 1973f): Provided further, That of the amounts provided under
this heading for the election monitoring program, $3,390,000 shall
remain available until expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $162,170,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection (and estimated to be $115,000,000 in fiscal year 2013),
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during fiscal
year 2013, so as to result in a final fiscal year 2013 appropriation
from the general fund estimated at $47,170,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,969,687,000: Provided, That of the total amount appropriated, not
to exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
United States Attorney-led task force on human trafficking: Provided
further, That of the total amount appropriated, $10,000,000 shall only
be available after the Attorney General certifies that each United
States Attorney is participating in a United States Attorney-led task
force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $223,258,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That not
less than $1,500,000 shall be for debtor audits: Provided further,
That, notwithstanding any other provision of law, deposits to the Fund
shall be available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any other
provision of law, $223,258,000 of offsetting collections pursuant to
section 589a(b) of title 28, United States Code, shall be retained and
used for necessary expenses in this appropriation and shall remain
available until expended: Provided further, That the sum herein
appropriated from the Fund shall be reduced as such offsetting
collections are received during fiscal year 2013, so as to result in a
final fiscal year 2013 appropriation from the Fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,000,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which not
to exceed $10,000,000 is for construction of buildings for protected
witness safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness security
caravans; and not to exceed $11,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications
equipment and a secure automated information network to store and
retrieve the identities and locations of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$12,036,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,948,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,196,000,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$15,000,000 shall remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related
support, $10,000,000, to remain available until expended.
federal prisoner detention
(including transfer of funds)
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $1,647,383,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18,
United States Code: Provided further, That the United States Marshals
Service shall be responsible for managing the Justice Prisoner and
Alien Transportation System: Provided further, That any unobligated
balances available from funds appropriated under the heading ``General
Administration, Detention Trustee'' shall be transferred to and merged
with the appropriation under this heading.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National
Security Division, $90,039,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $521,793,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $8,185,007,000, of which not to exceed $216,900,000 shall
remain available until expended: Provided, That not to exceed $184,500
shall be available for official reception and representation expenses:
Provided further, That $500,000 shall be for a comprehensive review of
the implementation of the recommendations related to the Federal Bureau
of Investigation that were proposed in the report issued by the
National Commission on Terrorist Attacks Upon the United States.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites by
purchase, or as otherwise authorized by law; conversion, modification
and extension of Federally-owned buildings; preliminary planning and
design of projects; and operation and maintenance of secure work
environment facilities and secure networking capabilities; $80,982,000,
to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in
such programs and the distribution of items of token value that promote
the goals of such programs, $2,050,904,000; of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,153,345,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $15,000,000 shall remain available until expended: Provided,
That, in the current fiscal year and any fiscal year thereafter, no
funds appropriated under this or any other Act shall be used to pay
administrative expenses or the compensation of any officer or employee
of the United States to implement an amendment or amendments to section
478.118 of title 27, Code of Federal Regulations, or to change the
definition of ``Curios or relics'' in section 478.11 of title 27, Code
of Federal Regulations, or remove any item from ATF Publication 5300.11
as it existed on January 1, 1994: Provided further, That none of the
funds appropriated herein shall be available to investigate or act upon
applications for relief from Federal firearms disabilities under
section 925(c) of title 18, United States Code: Provided further, That
such funds shall be available to investigate and act upon applications
filed by corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code: Provided
further, That no funds made available by this or any other Act may be
used to transfer the functions, missions, or activities of the Bureau
of Alcohol, Tobacco, Firearms and Explosives to other agencies or
Departments: Provided further, That, in the current fiscal year and
any fiscal year thereafter, no funds made available by this or any
other Act shall be expended to promulgate or implement any rule
requiring a physical inventory of any business licensed under section
923 of title 18, United States Code: Provided further, That, in the
current fiscal year and any fiscal year thereafter, no funds authorized
or made available under this or any other Act may be used to deny any
application for a license under section 923 of title 18, United States
Code, or renewal of such a license due to a lack of business activity,
provided that the applicant is otherwise eligible to receive such a
license, and is eligible to report business income or to claim an
income tax deduction for business expenses under the Internal Revenue
Code of 1986.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed 835, of
which 808 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$6,820,217,000: Provided, That the Attorney General may transfer to
the Health Resources and Services Administration such amounts as may be
necessary for direct expenditures by that Administration for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System, where
necessary, may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the Federal Prison System, furnish health
services to individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $5,400 shall be available
for official reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available for necessary
operations until September 30, 2014: Provided further, That, of the
amounts provided for contract confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education Assistance Act of
1980 (8 U.S.C. 1522 note), for the care and security in the United
States of Cuban and Haitian entrants: Provided further, That the
Director of the Federal Prison System may accept donated property and
services relating to the operation of the prison card program from a
not-for-profit entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity furnishes
services under contracts to the Federal Prison System relating to the
operation of pre-release services, halfway houses, or other custodial
facilities: Provided further, That of the amount provided under this
heading, not less than $99,496,000 shall be for activation of newly
constructed prisons in Berlin, New Hampshire, Aliceville, Alabama,
Yazoo City, Mississippi, and Hazelton, West Virginia, as requested in
the Department's fiscal year 2013 budget.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$90,000,000, to remain available until expended, of which not less than
$66,965,000 shall be available only for modernization, maintenance and
repair, and of which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase (not to
exceed five for replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims
services, $416,500,000, to remain available until expended: Provided,
That except as otherwise provided by law, not to exceed 5 percent of
funds made available under this heading may be used for expenses
related to evaluation, training, and technical assistance: Provided
further, That of the amount provided--
(1) $189,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $25,000,000 is for transitional housing assistance
grants for victims of domestic violence, stalking or sexual
assault as authorized by section 40299 of the 1994 Act;
(3) $3,500,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which may be transferred to ``Research,
Evaluation and Statistics'' for administration by the Office of
Justice Programs;
(4) $10,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the programs
authorized by sections 41201, 41204, 41303 and 41305 of the
1994 Act shall be available for this program: Provided
further, That 10 percent of the total amount available for this
grant program shall be available for grants under the program
authorized by section 2015 of the 1968 Act: Provided further,
That the definitions and grant conditions in section 40002 of
the 1994 Act shall apply to this program;
(5) $50,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000 is
for a homicide reduction initiative;
(6) $25,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $36,500,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $9,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $41,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $4,250,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(11) $15,500,000 is for a grant program to support families
in the justice system, including for the purposes described in
the safe havens for children program, as authorized by section
1301 of the 2000 Act, and the court training and improvements
program, as authorized by section 41002 of the 1994 Act;
(12) $5,750,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of
the 2005 Act, which may be transferred to ``Research,
Evaluation and Statistics'' for administration by the Office of
Justice Programs; and
(15) $500,000 is for the Office on Violence Against Women
to establish a national clearinghouse that provides training
and technical assistance on issues relating to sexual assault
of American Indian and Alaska Native women.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT
Our Children Act of 2008 (Public Law 110-401); subtitle D of title II
of the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); and other programs, $127,000,000, to remain available until
expended, of which--
(1) $48,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act, of which $36,000,000 is for the
administration and redesign of the National Crime Victimization
Survey;
(2) $43,000,000 is for research, development, and
evaluation programs, and other activities as authorized by part
B of title I of the 1968 Act and subtitle D of title II of the
2002 Act: Provided, That of the amounts provided under this
paragraph, $5,000,000 is transferred directly to the National
Institute of Standards and Technology's Office of Law
Enforcement Standards from the National Institute of Justice
for research, testing and evaluation programs;
(3) $1,000,000 is for an evaluation clearinghouse program;
and
(4) $35,000,000 is for regional information sharing
activities, as authorized by part M of title I of the 1968 Act.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam
Walsh Act''); the Victims of Trafficking and Violence Protection Act of
2000 (Public Law 106-386); the NICS Improvement Amendments Act of 2007
(Public Law 110-180); subtitle D of title II of the Homeland Security
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law 110-
403); the Victims of Crime Act of 1984 (Public Law 98-473); the
Mentally Ill Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416); and other programs,
$1,140,418,000, to remain available until expended as follows--
(1) $392,418,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
title I of the 1968 Act shall not apply for purposes of this
Act), of which, notwithstanding such subpart 1, $2,000,000 is
for a program to improve State and local law enforcement
intelligence capabilities including antiterrorism training and
training to ensure that constitutional rights, civil liberties,
civil rights, and privacy interests are protected throughout
the intelligence process, $4,000,000 is for a State, local, and
tribal assistance help desk and diagnostic center program,
$5,000,000 is for a Preventing Violence Against Law Enforcement
Officer Resilience and Survivability Initiative (VALOR),
$6,000,000 is for a criminal justice reform and recidivism
reduction program, and $4,000,000 is for use by the National
Institute of Justice for research targeted toward developing a
better understanding of the domestic radicalization phenomenon,
and advancing evidence-based strategies for effective
intervention and prevention;
(2) $255,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other
detainees housed in State and local detention facilities;
(3) $5,000,000 for a border prosecutor initiative to
reimburse State, county, parish, tribal, or municipal
governments for costs associated with the prosecution of
criminal cases declined by local offices of the United States
Attorneys;
(4) $19,000,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime
(other than compensation);
(5) $13,500,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, and for programs authorized under Public Law 109-164;
(6) $41,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(7) $9,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(8) $12,500,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of title
I of the 1968 Act;
(9) $3,000,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405,
and for grants for wrongful conviction review;
(10) $9,000,000 for economic, high technology and Internet
crime prevention grants, including as authorized by section 401
of Public Law 110-403;
(11) $4,000,000 for a student loan repayment assistance
program pursuant to section 952 of Public Law 110-315;
(12) $20,000,000 for implementation of the Adam Walsh Act
and related activities;
(13) $13,000,000 for an initiative relating to children
exposed to violence;
(14) $18,000,000 for an Edward Byrne Memorial criminal
justice innovation program;
(15) $21,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of title
I of the 1968 Act: Provided, That $1,500,000 is transferred
directly to the National Institute of Standards and
Technology's Office of Law Enforcement Standards for research,
testing and evaluation programs;
(16) $1,000,000 for the National Sex Offender Public
Website;
(17) $5,000,000 for competitive and evidence-based programs
to reduce gun crime and gang violence;
(18) $12,000,000 for grants to assist State and tribal
governments and related activities, as authorized by the NICS
Improvement Amendments Act of 2007 (Public Law 110-180);
(19) $6,000,000 for the National Criminal History
Improvement Program for grants to upgrade criminal records;
(20) $12,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(21) $125,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and
Federal forensic activities, including the purposes
authorized under section 2 of the DNA Analysis Backlog
Elimination Act of 2000 (the Debbie Smith DNA Backlog
Grant Program): Provided, That up to 4 percent of
funds made available under this paragraph may be used
for the purposes described in the DNA Training and
Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108-405, section
303);
(B) $4,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Program
(Public Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam
Program Grants, including as authorized by section 304
of Public Law 108-405;
(22) $6,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(23) $38,000,000 for assistance to Indian tribes;
(24) $68,750,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199), of which not to exceed $5,000,000 is for
a program to improve State, local, and tribal probation
supervision efforts and strategies;
(25) $4,000,000 for a veterans treatment courts program;
(26) $1,000,000 for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001 of
the 1994 Act);
(27) $7,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products;
(28) $12,500,000 for prison rape prevention and prosecution
grants to States and units of local government, and other
programs, as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79);
(29) $3,500,000 for emergency law enforcement assistance,
as authorized by section 609M of the Justice Assistance Act of
1984 (42 U.S.C. 10513; Public Law 98-473); and
(30) $2,750,000 to establish and operate a National Center
for Campus Public Safety:
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.);
the Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public
Law 110-401); and other juvenile justice programs, $279,500,000, to
remain available until expended as follows--
(1) $44,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State, local
and tribal juvenile justice residential facilities;
(2) $90,000,000 for youth mentoring grants;
(3) $20,000,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to sections
261 and 262 thereof--
(A) $10,000,000 shall be for the Tribal Youth
Program;
(B) $5,000,000 shall be for gang and youth violence
education, prevention and intervention, and related
activities; and
(C) $5,000,000 shall be for programs and activities
to enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of
alcoholic beverages by minors, for prevention and
reduction of consumption of alcoholic beverages by
minors, and for technical assistance and training;
(4) $19,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $25,000,000 for the Juvenile Accountability Block
Grants program as authorized by part R of title I of the 1968
Act and Guam shall be considered a State;
(6) $11,000,000 for community-based violence prevention
initiatives;
(7) $67,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and 405(a)
of the 1974 Act (except that section 102(b)(4)(B) of the
PROTECT Our Children Act of 2008 (Public Law 110-401) shall not
apply for purposes of this Act);
(8) $1,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act; and
(9) $2,000,000 for grants and technical assistance in
support of the National Forum on Youth Violence Prevention:
Provided, That not more than 10 percent of each amount may be used
for research, evaluation, and statistics activities designed to benefit
the programs or activities authorized: Provided further, That not more
than 2 percent of the amounts designated under paragraphs (1) through
(6), (8) and (9) may be used for training and technical assistance:
Provided further, That the previous two provisos shall not apply to
grants and projects authorized by sections 261 and 262 of the 1974 Act.
public safety officer benefits
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $16,300,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain available
until expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability and
education payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available appropriations for
the Department of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); and the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''), $222,500,000, to remain
available until expended: Provided, That any balances made available
through prior year deobligations shall only be available in accordance
with section 505 of this Act: Provided further, That of the amount
provided--
(1) $12,500,000 is for anti-methamphetamine-related
activities, which shall be transferred to the Drug Enforcement
Administration upon enactment of this Act;
(2) $20,000,000 is for improving tribal law enforcement,
including hiring, equipment, training, and anti-methamphetamine
activities; and
(3) $190,000,000 is for grants under section 1701 of title
I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section: Provided, That, notwithstanding section 1704(c) of
such title (42 U.S.C. 3796dd-3(c)), funding for hiring or
rehiring a career law enforcement officer may not exceed
$125,000 unless the Director of the Office of Community
Oriented Policing Services grants a waiver from this
limitation: Provided further, That within the amounts
appropriated, $15,000,000 shall be transferred to the Tribal
Resources Grant Program: Provided further, That of the amounts
appropriated under this paragraph, $10,000,000 is for community
policing development activities in furtherance of the purposes
in section 1701.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $50,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any
way diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. The Attorney General is authorized to extend through
September 30, 2014, the Personnel Management Demonstration Project
transferred to the Attorney General pursuant to section 1115 of the
Homeland Security Act of 2002 (Public Law 107-296; 28 U.S.C. 599B)
without limitation on the number of employees or the positions covered.
Sec. 207. Notwithstanding any other provision of law, during the
current fiscal year and any fiscal year thereafter, section 102(b) of
the Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1993 (Public Law 102-395) shall
extend to the Bureau of Alcohol, Tobacco, Firearms and Explosives in
the conduct of undercover investigative operations and shall apply with
respect to any undercover investigative operation by the Bureau of
Alcohol, Tobacco, Firearms and Explosives that is necessary for the
detection and prosecution of crimes against the United States.
Sec. 208. None of the funds made available to the Department of
Justice in this Act may be used for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high security
prisoner, other than to a prison or other facility certified by the
Federal Bureau of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, or to
rent or purchase audiovisual or electronic media or equipment used
primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 210. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House
of Representatives and the Senate that the information technology
program has appropriate program management controls and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 211. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and accompanying
statement, and to any use of deobligated balances of funds provided
under this title in previous years.
Sec. 212. None of the funds appropriated by this Act may be used
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular
A-76 or any successor administrative regulation, directive, or policy
for work performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 213. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title 28,
United States Code.
Sec. 214. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by
this title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 3 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may be
used by such Office to provide training and technical
assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute of
Justice and the Bureau of Justice Statistics, shall be
transferred to and merged with funds provided to the National
Institute of Justice and the Bureau of Justice Statistics, to
be used by them for research, evaluation or statistical
purposes, without regard to the authorizations for such grant
or reimbursement programs, and of such amounts, $1,300,000
shall be transferred to the Bureau of Prisons for Federal
inmate research and evaluation purposes.
Sec. 215. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated by this or any other Act making
appropriations for fiscal years 2010 through 2013 for the following
programs, waive the following requirements:
(1) For the Adult and Juvenile Offender State and Local
Reentry Demonstration Projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797w(g)(1)), the requirements under section 2976(g)(1) of such
part.
(2) For State, Tribal, and Local Reentry Courts under part
FF of title I of such Act of 1968 (42 U.S.C. 3797w-2(e)(1) and
(2)), the requirements under section 2978(e)(1) and (2) of such
part.
(3) For the Prosecution Drug Treatment Alternatives to
Prison Program under part CC of title I of such Act of 1968 (42
U.S.C. 3797q-3), the requirements under section 2904 of such
part.
(4) For Grants to Protect Inmates and Safeguard Communities
under the Prison Rape Elimination Act of 2003 (42 U.S.C.
15605(c)(3)), the requirements of section 6(c)(3) of such Act.
Sec. 216. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13709(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 217. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (18 U.S.C. 922 note), may be used by a Federal law enforcement
officer to facilitate the transfer of an operable firearm to an
individual if the Federal law enforcement officer knows or suspects
that the individual is an agent of a drug cartel, unless law
enforcement personnel of the United States continuously monitor or
control the firearm at all times.
Sec. 218. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2013.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2013, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2013, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
(d) Of amounts available in the Assets Forfeiture Fund in fiscal
year 2013, $154,700,000 shall be for payments associated with joint law
enforcement operations as authorized by section 524(c)(1)(I) of title
28, United States Code.
(e) The Attorney General shall submit a spending plan to the
Committees on Appropriations of the House of Representatives and the
Senate not later than 45 days after the date of enactment of this Act
detailing the planned distribution of Assets Forfeiture Fund joint law
enforcement operations funding during fiscal year 2013.
(f) Subsections (a) through (d) of this section shall sunset on
September 30, 2013.
This title may be cited as the ``Department of Justice
Appropriations Act, 2013''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to
exceed $2,250 for official reception and representation expenses, and
rental of conference rooms in the District of Columbia, $5,850,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $5,144,000,000, to remain available until
September 30, 2014, of which up to $14,500,000 shall be available for a
reimbursable agreement with the Department of Energy for the purpose of
re-establishing facilities to produce fuel required for radioisotope
thermoelectric generators to enable future missions: Provided, That
$75,000,000 shall be for pre-formulation and/or formulation activities
for a mission that meets the science goals outlined for the Jupiter
Europa mission in the most recent planetary science decadal survey:
Provided further, That the formulation and development costs (with
development cost as defined under section 30104 of title 51, United
States Code) for the James Webb Space Telescope shall not exceed
$8,000,000,000: Provided further, That should the individual
identified under subsection (c)(2)(E) of section 30104 of title 51,
United States Code, as responsible for the James Webb Space Telescope
determine that the development cost of the program is likely to exceed
that limitation, the individual shall immediately notify the
Administrator and the increase shall be treated as if it meets the 30
percent threshold described in subsection (f) of section 30104.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $570,000,000, to remain available until
September 30, 2014.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space research and technology development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $642,000,000, to remain available until
September 30, 2014.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,887,000,000, to remain available until
September 30, 2014: Provided, That not less than $1,197,000,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That
not less than $1,857,000,000 shall be for the Space Launch System,
which shall have a lift capability not less than 130 tons and which
shall have an upper stage and other core elements developed
simultaneously: Provided further, That of the funds made available for
the Space Launch System, $1,454,200,000 shall be for launch vehicle
development and $402,800,000 shall be for exploration ground systems:
Provided further, That funds made available for the Orion Multi-Purpose
Crew Vehicle and Space Launch System are in addition to funds provided
for these programs under the ``Construction and Environmental
Compliance and Restoration'' heading: Provided further, That
$525,000,000 shall be for commercial spaceflight activities: Provided
further, That $308,000,000 shall be for exploration research and
development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services;
space flight, spacecraft control and communications activities,
including operations, production, and services; maintenance and repair,
facility planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance and operation of mission and administrative
aircraft, $3,953,000,000, to remain available until September 30, 2014.
education
For necessary expenses, not otherwise provided for, in carrying out
aerospace and aeronautical education research and development
activities, including research, development, operations, support, and
services; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft, $125,000,000, to
remain available until September 30, 2014, of which $18,000,000 shall
be for the Experimental Program to Stimulate Competitive Research and
$40,000,000 shall be for the National Space Grant College program.
cross agency support
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, exploration, space operations and
education research and development activities, including research,
development, operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed $63,000
for official reception and representation expenses; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $2,823,000,000, to remain available until
September 30, 2014: Provided, That not less than $39,100,000 shall be
available for independent verification and validation activities.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $680,000,000, to remain available until
September 30, 2018: Provided, That hereafter, notwithstanding section
315 of the National Aeronautics and Space Act of 1958 (51 U.S.C.
20145), all proceeds from leases entered into under that section shall
be deposited into this account: Provided further, That such proceeds
shall be available for a period of 5 years to the extent and in amounts
as provided in annual appropriations Acts: Provided further, That such
proceeds referred to in the two preceding provisos shall be available
for obligation for fiscal year 2013 in an amount not to exceed
$3,791,000: Provided further, That each annual budget request shall
include an annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 315 of the
National Aeronautics and Space Act of 1958 (51 U.S.C. 20145).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $38,000,000, of which
$500,000 shall remain available until September 30, 2014.
administrative provisions
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed
or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by NASA at
the theme, program, project and activity level. The spending plan, as
well as any subsequent change of an amount established in that spending
plan that meets the notification requirements of section 505 of this
Act, shall be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Section 30102(c) of title 51, United States Code, is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end
inserting ``; and''; and
(3) by adding at the end the following:
``(4) refunds or rebates received on an on-going basis from
a credit card services provider under the National Aeronautics
and Space Administration's credit card programs.''.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $5,983,280,000, to remain available
until September 30, 2014, of which not to exceed $500,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other related
activities for the United States Antarctic program: Provided, That
receipts for scientific support services and materials furnished by the
National Research Centers and other National Science Foundation
supported research facilities may be credited to this appropriation:
Provided further, That not less than $158,190,000 shall be available
for activities authorized by section 7002(c)(2)(A)(iv) of Public Law
110-69.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $196,170,000, to remain available until expended: Provided,
That none of the funds may be used to reimburse the Judgment Fund
established under section 1304 of title 31, United States Code.
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms
in the District of Columbia, $895,610,000, to remain available until
September 30, 2014: Provided, That not less than $54,890,000 shall be
available until expended for activities authorized by section 7030 of
Public Law 110-69.
agency operations and award management
For agency operations and award management necessary in carrying
out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.); services authorized by section 3109 of title 5, United States
Code; hire of passenger motor vehicles; uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; rental of conference rooms in the District of Columbia;
and reimbursement of the Department of Homeland Security for security
guard services; $299,400,000: Provided, That not to exceed $8,280 is
for official reception and representation expenses: Provided further,
That contracts may be entered into under this heading in fiscal year
2013 for maintenance and operation of facilities and for other services
to be provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,440,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $14,200,000, of which
$400,000 shall remain available until September 30, 2014.
administrative provision
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 15 percent by any such transfers. Any
transfer pursuant to this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
This title may be cited as the ``Science Appropriations Act,
2013''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
(including transfer of funds)
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,400,000: Provided, That none of
the funds appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the Excepted
Service exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this paragraph
shall be used to reimburse Commissioners for more than 75 billable
days, with the exception of the chairperson, who is permitted 125
billable days: Provided further, That none of the funds appropriated
in this paragraph shall be used for any activity or expense that is not
explicitly authorized by section 3 of the Civil Rights Commission Act
of 1983 (42 U.S.C. 1975a): Provided further, That there shall be an
Inspector General at the Commission on Civil Rights who shall have the
duties, responsibilities, and authorities specified in the Inspector
General Act of 1978: Provided further, That an individual appointed to
the position of Inspector General of the Government Accountability
Office (GAO) shall, by virtue of such appointment, also hold the
position of Inspector General of the Commission on Civil Rights:
Provided further, That the Inspector General of the Commission on Civil
Rights shall utilize personnel of the Office of Inspector General of
GAO in performing the duties of the Inspector General of the Commission
on Civil Rights, and shall not appoint any individuals to positions
within the Commission on Civil Rights: Provided further, That the
Inspector General may waive any statutorily required reporting
requirement (with the exception of the semiannual report required by
section 5 of the Inspector General Act of 1978) upon a certification to
the Committees on Appropriations of the House of Representatives and
the Senate that such report is not necessary for effective oversight of
the Commission: Provided further, That of the amounts made available
in this paragraph, $450,000 shall be transferred directly to the Office
of Inspector General of GAO upon enactment of this Act for salaries and
expenses necessary to carry out the duties of the Inspector General of
the Commission on Civil Rights.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, the Civil Rights Act
of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008
(Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
including services as authorized by section 3109 of title 5, United
States Code; hire of passenger motor vehicles as authorized by section
1343(b) of title 31, United States Code; nonmonetary awards to private
citizens; and up to $29,500,000 for payments to State and local
enforcement agencies for authorized services to the Commission,
$370,000,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,250 from available funds: Provided further, That the
Commission may take no action to implement any workforce repositioning,
restructuring, or reorganization until such time as the Committees on
Appropriations of the House of Representatives and the Senate have been
notified of such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further, That the
Chair is authorized to accept and use any gift or donation to carry out
the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by section 3109 of title 5, United States Code, and not to exceed
$2,250 for official reception and representation expenses, $83,000,000,
to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $365,000,000,
of which $339,400,000 is for basic field programs and required
independent audits; $4,200,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $17,000,000 is for management and
grants oversight; $3,400,000 is for client self-help and information
technology; and $1,000,000 is for loan repayment assistance: Provided,
That the Legal Services Corporation may continue to provide locality
pay to officers and employees at a rate no greater than that provided
by the Federal Government to Washington, DC-based employees as
authorized by section 5304 of title 5, United States Code,
notwithstanding section 1005(d) of the Legal Services Corporation Act
(42 U.S.C. 2996(d)): Provided further, That the authorities provided
in section 205 of this Act shall be applicable to the Legal Services
Corporation: Provided further, That, for the purposes of section 505
of this division, and section 3003 of division G, the Legal Services
Corporation shall be considered an agency of the United States
Government.
administrative provisions--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2012 and 2013, respectively.
Section 501(a)(2)(A) of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1996
(Public Law 104-134) is amended by striking ``on the basis of the most
recent decennial census of population conducted pursuant to section 141
of title 13, United States Code'' and inserting ``triennially by the
Bureau of the Census, except that, with respect to fiscal year 2013,
the change in allocation resulting from the amendment made to this
subparagraph by the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2013 shall only be half of the change which would
otherwise result from that amendment in order to phase in the change
over a 2 year period''.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), $3,081,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $51,251,000, of which $1,000,000 shall
remain available until expended: Provided, That not to exceed $111,600
shall be available for official reception and representation expenses.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of 1984 (42
U.S.C. 10701 et seq.) $5,121,000, of which $500,000 shall remain
available until September 30, 2014: Provided, That not to exceed
$2,250 shall be available for official reception and representation
expenses: Provided further, That, for the purposes of section 505 of
this Act, the State Justice Institute shall be considered an agency of
the United States Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. (a) Subject to subsections (b) and (c), none of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in fiscal year 2013, or provided from any accounts in
the Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates or initiates a new program, project or activity; (2) eliminates
a program, project or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) reorganizes or
renames offices, programs or activities; (6) contracts out or
privatizes any functions or activities presently performed by Federal
employees; (7) augments existing programs, projects or activities in
excess of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project or activity, or numbers of
personnel by 10 percent; or (8) results from any general savings,
including savings from a reduction in personnel, which would result in
a change in existing programs, projects or activities as approved by
Congress; unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act to any agency of the
Department of Justice, or provided under previous appropriations Acts
to any agency of the Department of Justice that remain available for
obligation or expenditure in fiscal year 2013, or provided from any
accounts in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming of
funds that: (1) creates or initiates a new program, project or
activity; (2) eliminates a program, project or activity; (3) increases
funds or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates an office or
employees; (5) reorganizes or renames offices, programs or activities;
(6) contracts out or privatizes any functions or activities presently
performed by Federal employees; (7) augments existing programs,
projects or activities in excess of $500,000 or 10 percent, whichever
is less, or reduces by 10 percent funding for any program, project or
activity, or numbers of personnel by 10 percent; or (8) results from
any general savings, including savings from a reduction in personnel,
which would result in a change in existing programs, projects or
activities as approved by Congress; unless the House and Senate
Committees on Appropriations are notified 45 days in advance of such
reprogramming of funds.
(c) Subsection (b) of this section shall sunset on September 30,
2013.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories, or its possessions.
(2) The term ``promotional items'' has the meaning given the term
in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the
status of balances of appropriations at the account level. For
unobligated, uncommitted balances and unobligated, committed balances
the quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of the first quarter of fiscal year 2013, and
subsequent reports shall be submitted within 30 days of the end of each
quarter thereafter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation
of a current accounting system, the department or agency shall fulfill
such aspect to the maximum extent practicable under such accounting
system and shall identify and describe in each quarterly report the
extent to which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (42 U.S.C. 10601) in any
fiscal year in excess of $730,000,000 shall not be available for
obligation until the following fiscal year.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 514. (a) Tracing studies conducted by the Bureau of Alcohol,
Tobacco, Firearms and Explosives are released without adequate
disclaimers regarding the limitations of the data.
(b) For fiscal year 2013 and thereafter, the Bureau of Alcohol,
Tobacco, Firearms and Explosives shall include in all such data
releases, language similar to the following that would make clear that
trace data cannot be used to draw broad conclusions about firearms-
related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not all
firearms used in crime are traced and not all firearms traced
are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected
do not constitute a random sample and should not be considered
representative of the larger universe of all firearms used by
criminals, or any subset of that universe. Firearms are
normally traced to the first retail seller, and sources
reported for firearms traced do not necessarily represent the
sources or methods by which firearms in general are acquired
for use in crime.
Sec. 515. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress on the
progress of such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a banquet or
conference that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a banquet
or conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(d) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in
any other manner to another person who has a financial interest in the
person awarded the grant or contract.
(e) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 516. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire an information technology system
unless the head of the entity involved, in consultation with the
Federal Bureau of Investigation or other appropriate Federal entity,
has made an assessment of any associated risk of cyber-espionage or
sabotage associated with the acquisition of such system, including any
risk associated with such system being produced, manufactured or
assembled by one or more entities that are owned, directed or
subsidized by the People's Republic of China.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire an information technology system
described in an assessment required by subsection (a) and produced,
manufactured or assembled by one or more entities that are owned,
directed or subsidized by the People's Republic of China unless the
head of the assessing entity described in subsection (a) determines,
and reports that determination to the Committees on Appropriations of
the House of Representatives and the Senate, that the acquisition of
such system is in the national interest of the United States.
Sec. 517. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 518. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States
in connection with requiring an export license for the export to Canada
of components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of
subsection (b) of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in
the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 519. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 520. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 521. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act; The Electronic Communications Privacy Act; The
Fair Credit Reporting Act; The National Security Act of 1947; USA
PATRIOT Act; and the laws amended by these Acts.
Sec. 522. If at any time during any quarter, the program manager
of a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent, the program manager shall immediately inform the
respective Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate Committees
on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made;
a statement of the reasons for such increases; the action taken and
proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree
to which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or
procurement costs.
Sec. 523. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2013 until the enactment of the Intelligence
Authorization Act for fiscal year 2013.
Sec. 524. The Departments, agencies, and commissions funded under
this Act, shall establish and maintain on the homepages of their
Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General
website by which individuals may anonymously report cases of
waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
Sec. 525. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
(rescissions)
Sec. 526. (a) Of the unobligated balances available to the
Department of Justice, the following funds are hereby rescinded, not
later than September 30, 2013, from the following accounts in the
specified amounts--
(1) ``Working Capital Fund'', $26,000,000;
(2) ``Legal Activities, Assets Forfeiture Fund'',
$722,697,000;
(3) ``Bureau of Alcohol, Tobacco, Firearms and Explosives,
Violent Crime Reduction Program'', $1,028,000;
(4) ``Federal Prison System, Buildings and Facilities'',
$64,700,000;
(5) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $12,000,000;
(6) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $43,000,000; and
(7) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $12,200,000.
(b) The Department of Justice shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
no later than September 1, 2013, specifying the amount of each
rescission made pursuant to subsection (a).
Sec. 527. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is inconsistent with
the principal negotiating objective of the United States with respect
to trade remedy laws to preserve the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and
international disciplines on unfair trade, especially
dumping and subsidies; or
(B) lessen the effectiveness of domestic and
international safeguard provisions, in order to ensure
that United States workers, agricultural producers, and
firms can compete fully on fair terms and enjoy the
benefits of reciprocal trade concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
Sec. 528. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 529. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency at any single conference occurring
outside the United States, unless such conference is a law enforcement
training or operational conference for law enforcement personnel and
the majority of Federal employees in attendance are law enforcement
personnel stationed outside the United States.
Sec. 530. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 531. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 532. None of the funds made available under this Act may be
distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries.
Sec. 533. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program''
designation.
Sec. 534. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the United
States Government receiving funds appropriated under this Act to track
undisbursed balances in expired grant accounts and include in its
annual performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on
the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
Sec. 535. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA) or
the Office of Science and Technology Policy (OSTP) to develop, design,
plan, promulgate, implement, or execute a bilateral policy, program,
order, or contract of any kind to participate, collaborate, or
coordinate bilaterally in any way with China or any Chinese-owned
company unless such activities are specifically authorized by a law
enacted after the date of enactment of this Act.
(b) The limitation in subsection (a) shall also apply to any funds
used to effectuate the hosting of official Chinese visitors at
facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA or OSTP has certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate no later than 30 days prior to the activity in question and
shall include a description of the purpose of the activity, its agenda,
its major participants, and its location and timing.
Sec. 536. None of the funds made available in this Act may be used
to relocate the Bureau of the Census or employees from the Department
of Commerce to the jurisdiction of the Executive Office of the
President.
Sec. 537. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, and the National Science
Foundation shall submit spending plans, signed by the respective
department or agency head, to the Committees on Appropriations of the
House of Representatives and the Senate within 45 days after the date
of enactment of this Act.
Sec. 538. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel to deny, or fail to act
on, an application for the importation of any model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Sec. 539. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 540. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that was convicted of a felony criminal violation
under any Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless an agency has
considered suspension or debarment of the corporation and has made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 541. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that has any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the
unpaid tax liability, unless an agency has considered suspension or
debarment of the corporation and has made a determination that this
further action is not necessary to protect the interests of the
Government.
Sec. 542. None of the funds made available by this Act may be used
to pay the salary of any officer or employee of the Department of
Commerce who uses amounts in the Fisheries Enforcement Asset Forfeiture
Fund of the National Oceanic and Atmospheric Administration that
consists of the sums described in section 311(e)(1) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1))
for any purpose other than a purpose specifically authorized under such
section.
Sec. 543. (a) None of the funds made available by this Act may be
used to carry out the functions of the Political Science Program in the
Division of Social and Economic Sciences of the Directorate for Social,
Behavioral, and Economic Sciences of the National Science Foundation,
except for research projects that the Director of the National Science
Foundation certifies as promoting national security or the economic
interests of the United States.
(b) The Director of the National Science Foundation shall publish a
statement of the reason for each certification made pursuant to
subsection (a) on the public website of the National Science
Foundation.
(c) Any unobligated balances for the Political Science Program
described in subsection (a) may be provided for other scientific
research and studies that do not duplicate those being funded by other
Federal agencies.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2013''.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2013, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $40,199,263,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $26,902,346,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $12,531,549,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $28,052,826,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,456,823,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,874,023,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$658,251,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,722,425,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$7,981,577,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,153,990,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $12,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $35,409,260,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,804,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$41,614,453,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$6,034,963,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $34,780,406,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$31,862,980,000: Provided, That not more than $30,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity
for confidential military purposes: Provided further, That of the
funds provided under this heading, not less than $36,480,000 shall be
made available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That
$8,563,000, to remain available until expended, is available only for
expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available for
the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,182,923,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,256,347,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $277,377,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,261,324,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $7,154,161,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,494,326,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $13,516,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $335,921,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $310,594,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $529,263,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $11,133,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $287,543,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $108,759,000, to remain available until
September 30, 2014.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and,
with appropriate authorization by the Department of Defense and
Department of State, to countries outside of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $519,111,000, to remain available until September 30, 2015.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $50,198,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $6,028,754,000, to remain available for obligation until
September 30, 2015.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,535,433,000, to remain available for obligation until
September 30, 2015.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,857,823,000, to remain available for obligation until September 30,
2015.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,641,306,000, to remain available for
obligation until September 30, 2015.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$5,741,664,000, to remain available for obligation until September 30,
2015.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $17,382,152,000, to remain available for obligation
until September 30, 2015.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,036,871,000, to remain available
for obligation until September 30, 2015.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $659,897,000, to remain available for
obligation until September 30, 2015.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program, $565,371,000;
Virginia Class Submarine, $3,217,601,000;
Virginia Class Submarine (AP), $1,652,557,000;
CVN Refuelings, $1,613,392,000;
CVN Refuelings (AP), $70,010,000;
DDG-1000 Program, $669,222,000;
DDG-51 Destroyer, $4,036,628,000;
DDG-51 Destroyer (AP), $466,283,000;
Littoral Combat Ship, $1,784,959,000;
LPD-17 (AP), $263,255,000;
Joint High Speed Vessel, $189,196,000;
Moored Training Ship, $307,300,000;
LCAC Service Life Extension Program, $85,830,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $290,035,000.
Completion of Prior Year Shipbuilding Programs,
$372,573,000.
In all: $15,584,212,000, to remain available for obligation until
September 30, 2017: Provided, That additional obligations may be
incurred after September 30, 2017, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $5,955,078,000, to
remain available for obligation until September 30, 2015.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,411,411,000, to remain available for obligation
until September 30, 2015.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $11,774,019,000, to remain available for
obligation until September 30, 2015.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things,
$4,962,376,000, to remain available for obligation until September 30,
2015.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $594,694,000, to remain available for
obligation until September 30, 2015.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $17,082,508,000, to remain
available for obligation until September 30, 2015.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $4,878,985,000, to remain available for obligation until
September 30, 2015.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $223,531,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$8,676,627,000, to remain available for obligation until September 30,
2014.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$16,963,398,000, to remain available for obligation until September 30,
2014: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided further, That
funds appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$25,432,738,000, to remain available for obligation until September 30,
2014.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $18,631,946,000, to remain
available for obligation until September 30, 2014: Provided, That of
the funds made available in this paragraph, $250,000,000 for the
Defense Rapid Innovation Program shall only be available for expenses,
not otherwise provided for, to include program management and
oversight, to conduct research, development, test and evaluation to
include proof of concept demonstration; engineering, testing, and
validation; and transition to full-scale production: Provided further,
That the Secretary of Defense may transfer funds provided herein for
the Defense Rapid Innovation Program to appropriations for research,
development, test and evaluation to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
30 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $223,768,000, to remain available for obligation
until September 30, 2014.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,516,184,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $697,840,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components
(engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$32,715,304,000; of which $30,885,165,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
until September 30, 2014, and of which up to $15,934,952,000 may be
available for contracts entered into under the TRICARE program; of
which $521,762,000, to remain available for obligation until September
30, 2015, shall be for procurement; and of which $1,308,377,000, to
remain available for obligation until September 30, 2014, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount made
available under this heading for research, development, test and
evaluation, not less than $8,000,000 shall be available for HIV
prevention educational activities undertaken in connection with United
States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations: Provided further,
That of the funds provided to develop a joint Department of Defense--
Department of Veterans Affairs (DOD-VA) integrated Electronic Health
Record, not more than 25 percent may be obligated until the DOD-VA
Interagency Program Office submits to the Committees on Appropriations
of both Houses of Congress, and such Committees approve, a plan for
expenditure that: (1) defines the budget and cost baseline for
development of the integrated Electronic Health Record; (2) identifies
the deployment timeline for the system for both agencies; (3) breaks
out annual and total spending for each Department; (4) relays detailed
cost-sharing business rules; (5) establishes data standardization
schedules between the Departments; (6) has been submitted to the
Government Accountability Office for review; and (7) complies with the
acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,301,786,000, of which $635,843,000 shall
be for operation and maintenance, of which no less than $53,948,000
shall be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $22,214,000 for activities on military installations and
$31,734,000, to remain available until September 30, 2014, to assist
State and local governments; $18,592,000 shall be for procurement, to
remain available until September 30, 2015, of which $1,823,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to assist
State and local governments; and $647,351,000, to remain available
until September 30, 2014, shall be for research, development, test and
evaluation, of which $627,705,000 shall only be for the Assembled
Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,159,263,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $350,321,000, of which $347,621,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $2,700,000, to remain available until September
30, 2015, shall be for procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $534,421,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$4,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2013: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2013: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer. Except
in amounts equal to the amounts appropriated to working capital funds
in this Act, no obligations may be made against a working capital fund
to procure or increase the value of war reserve material inventory,
unless the Secretary of Defense has notified the Congress prior to any
such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance
procurement activities in the fiscal year covered by the
budget, full funding of procurement of such unit in that fiscal
year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units to
be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
F/A-18E, F/A-18F, and EA-18G aircraft; up to 10 DDG-51 Arleigh
Burke class Flight IIA guided missile destroyers, as well as the AEGIS
Weapon Systems, MK 41 Vertical Launching Systems, and Commercial
Broadband Satellite Systems associated with those vessels; SSN-774
Virginia class submarine and government-furnished equipment; CH-47
Chinook helicopter; and V-22 Osprey aircraft variants.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2013, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2014 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2014 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2014.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only
to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section, the term ``manufactured'' shall include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United States:
Provided further, That when adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis,
the Secretary of the service responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations that such an acquisition must be made
in order to acquire capability for national security purposes.
Sec. 8017. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8018. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8019. In addition to the funds provided elsewhere in this
Act, $15,000,000 is appropriated only for incentive payments authorized
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 1906 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8021. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8022. (a) Of the funds made available in this Act, not less
than $38,634,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $28,404,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $9,298,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $932,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year:
Provided, That a member of any such entity referred to previously in
this subsection shall be allowed travel expenses and per diem as
authorized under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2013 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2013, not more than
5,750 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided; That of the specific amount referred to
previously in this subsection, not more than 1,125 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2014 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.
Sec. 8024. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy, or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8025. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8026. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8027. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2013. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8028. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687
note) shall be available until expended for the payments specified by
section 2921(c)(2) of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $250,000.
Sec. 8031. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2014 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2014 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2014 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8032. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2014: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947, as
amended, shall remain available until September 30, 2014.
Sec. 8033. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8034. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8035. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8036. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this
limitation shall not apply to contracts in an amount of less
than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which
a civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
Sec. 8037. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats; or
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense.
Sec. 8038. None of the funds made available in this Act may be
used to approve or license the sale of the F-22A advanced tactical
fighter to any foreign government: Provided, That the Department of
Defense may conduct or participate in studies, research, design and
other activities to define and develop a future export version of the
F-22A that protects classified and sensitive information, technologies
and U.S. warfighting capabilities.
Sec. 8039. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or
function under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees
under chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals in
accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an Indian
tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)),
or a Native Hawaiian Organization, as defined in section
8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8040. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51
Destroyer, $98,400,000;
``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51
Destroyer Advance Procurement, $2,500,000;
``Shipbuilding and Conversion, Navy, 2007/ 2018'': CVN
Refueling Overhaul, $14,100,000;
``Procurement of Ammunition, Army, 2011/ 2013'',
$14,862,000;
``Other Procurement, Army, 2011/2013'', $108,098,000;
``Aircraft Procurement, Navy, 2011/2013'', $43,860,000;
``Shipbuilding and Conversion, Navy, 2011/ 2015'': DDG-51
Destroyer, $215,300,000;
``Weapons Procurement, Navy, 2011/2013'', $22,000,000;
``Aircraft Procurement, Air Force, 2011/2013'',
$93,400,000;
``Other Procurement, Air Force, 2011/2013'', $9,500,000;
``Operation and Maintenance, Defense-Wide, 2012/XXXX'',
$21,000,000;
``Aircraft Procurement, Army, 2012/2014'', $47,400,000;
``Other Procurement, Army, 2012/2014'', $179,608,000;
``Aircraft Procurement, Navy, 2012/2014'', $19,040,000;
``Shipbuilding and Conversion, Navy, 2012/ 2016'': Littoral
Combat Ship, $28,800,000;
``Shipbuilding and Conversion, Navy, 2012/ 2016'': DDG-51
Destroyer, $83,000,000;
``Weapons Procurement, Navy, 2012/2014'', $36,467,000;
``Procurement of Ammunition, Navy and Marine Corps, 2012/
2014'', $16,300,000;
``Procurement, Marine Corps, 2012/2014'', $132,555,000;
``Aircraft Procurement, Air Force, 2012/2014'',
$394,299,000;
``Missile Procurement, Air Force, 2012/2014'', $52,898,000;
``Other Procurement, Air Force, 2012/2014'', $55,800,000;
``Procurement, Defense-Wide, 2012/2014'', $16,000,000;
``Research, Development, Test and Evaluation, Army, 2012/
2013'', $41,000,000;
``Research, Development, Test and Evaluation, Navy, 2012/
2013'', $246,800,000;
``Research, Development, Test and Evaluation, Air Force,
2012/2013'', $149,460,000.
Sec. 8041. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8042. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8044. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2003, level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population is
declining in some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and capitation-
based budgeting.
Sec. 8045. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8046. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement Policy
Act, except that the restriction shall apply to ball or roller bearings
purchased as end items.
Sec. 8047. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8048. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8049. (a) Notwithstanding any other provision of law, none of
the funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate are notified 15 days in
advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how
the President proposes to provide funds for such
replacement.
Sec. 8050. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8052. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8053. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8054. Using funds made available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a determination under
section 2690 of title 10, United States Code, may implement cost-
effective agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United States
anthracite as the base load energy for municipal district heat to the
United States Defense installations: Provided further, That at
Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services, if
provisions are included for the consideration of United States coal as
an energy source.
Sec. 8055. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction does not apply to programs funded within the National
Intelligence Program: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
Sec. 8056. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
8109, 8211, 8215, and 9404.
Sec. 8057. (a) None of the funds made available by this Act may be
used to support any training program involving a unit of the security
forces or police of a foreign country if the Secretary of Defense has
received credible information from the Department of State that the
unit has committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the Secretary of
State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given to
all credible information available to the Department of State relating
to human rights violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the Secretary
of State, may waive the prohibition in subsection (a) if he determines
that such waiver is required by extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver under
subsection (c), the Secretary of Defense shall submit a report to the
congressional defense committees describing the extraordinary
circumstances, the purpose and duration of the training program, the
United States forces and the foreign security forces involved in the
training program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8058. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8059. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8060. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment of this Act, to the
House and Senate Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8061. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support
to another department or agency of the United States if such department
or agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable
basis, and is providing the requested support pursuant to such
authority: Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and
the Senate that it is in the national security interest to do so.
Sec. 8062. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8063. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8064. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8065. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
(including transfer of funds)
Sec. 8066. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $133,381,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8067. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter under
subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C.
113 note) shall continue in effect to apply to disbursements that are
made by the Department of Defense in fiscal year 2013.
(including transfer of funds)
Sec. 8068. During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and Maintenance,
Defense-Wide'' may be transferred to the Department of State ``Global
Security Contingency Fund'': Provided, That this transfer authority is
in addition to any other transfer authority available to the Department
of Defense: Provided further, That the Secretary of Defense shall, not
fewer than 30 days prior to making transfers to the Department of State
``Global Security Contingency Fund'', notify the congressional defense
committees in writing with the source of funds and a detailed
justification, execution plan, and timeline for each proposed project.
Sec. 8069. In addition to amounts provided elsewhere in this Act,
$4,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
(including transfer of funds)
Sec. 8070. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $479,736,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$211,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, $149,679,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program, including
cruise missile defense research and development under the SRBMD
program, of which $39,200,000 shall be for production activities of
SRBMD missiles in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws, regulations,
and procedures, $74,692,000 shall be available for an upper-tier
component to the Israeli Missile Defense Architecture, and $44,365,000
shall be for the Arrow System Improvement Program including development
of a long range, ground and airborne, detection suite: Provided
further, That funds made available under this provision for production
of missiles and missile components may be transferred to appropriations
available for the procurement of weapons and equipment, to be merged
with and to be available for the same time period and the same purposes
as the appropriation to which transferred: Provided further, That the
transfer authority provided under this provision is in addition to any
other transfer authority contained in this Act.
Sec. 8071. (a) None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
U.S. Navy forces assigned to the Pacific fleet.
(b) None of the funds available to the Department of Defense may be
obligated to modify command and control relationships to give United
States Transportation Command operational and administrative control of
C-130 and KC-135 forces assigned to the Pacific and European Air Force
Commands.
(c) The command and control relationships in subsections (a) and
(b) which existed on March 13, 2011, shall remain in force unless
changes are specifically authorized in a subsequent Act.
(d) This subsection does not apply to administrative control of
Navy Air and Missile Defense Command.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $372,573,000 shall be
available until September 30, 2013, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy,
2007/2013'': LHA Replacement Program $156,685,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy,
2008/2013'': LPD-17 Amphibious Transport Dock Program
$80,888,000; and
(3) Under the heading ``Shipbuilding and Conversion, Navy,
2009/2013'': CVN Refueling Overhauls Program $135,000,000.
Sec. 8073. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2013 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2013.
Sec. 8074. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8075. The budget of the President for fiscal year 2014
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, and the Procurement accounts: Provided, That
these documents shall include a description of the funding requested
for each contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations account:
Provided further, That these documents shall include estimated costs
for each element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop strength for
each Active and Reserve component, and estimates of the major weapons
systems deployed in support of each contingency: Provided further,
That these documents shall include budget exhibits OP-5 and OP-32 (as
defined in the Department of Defense Financial Management Regulation)
for all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8076. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8077. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, he shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations and
$24,000,000 to the Red Cross.
Sec. 8078. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8079. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8080. (a) At the time members of reserve components of the
Armed Forces are called or ordered to active duty under section
12302(a) of title 10, United States Code, each member shall be notified
in writing of the expected period during which the member will be
mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that it is
necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.
(including transfer of funds)
Sec. 8081. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided further, That
the transfer authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.
Sec. 8082. For purposes of section 7108 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8083. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8084. Up to $15,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses:
Provided further, That funds may not be obligated to provide assistance
to any foreign country that is otherwise prohibited from receiving such
type of assistance under any other provision of law.
Sec. 8085. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2014.
Sec. 8086. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8087. The Director of National Intelligence shall include the
budget exhibits identified in paragraphs (1) and (2) as described in
the Department of Defense Financial Management Regulation with the
congressional budget justification books:
(1) For procurement programs requesting more than
$10,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning; P-
21, Production Schedule; and P-40, Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $5,000,000 in any fiscal year, the R-1,
Research, Development, Test and Evaluation Program; R-2,
Research, Development, Test and Evaluation Budget Item
Justification; R-3, Research, Development, Test and Evaluation
Project Cost Analysis; and R-4, Research, Development, Test and
Evaluation Program Schedule Profile.
Sec. 8088. (a) Not later than 60 days after the date of enactment
of this Act, the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2013: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
(including transfer of funds)
Sec. 8089. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $20,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That funds
transferred under this provision are to be merged with and available
for the same purposes and time period as the appropriation to which
transferred: Provided further, That the Office of Management and
Budget must approve any transfers made under this provision.
Sec. 8090. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 403-1(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of $10,000,000
or more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 403-1(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
Sec. 8091. The Director of National Intelligence shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years.
Sec. 8092. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8093. The Department of Defense shall continue to report
incremental contingency operations costs for Operation New Dawn and
Operation Enduring Freedom, or any other named operations in the U.S.
Central Command area of operation on a monthly basis in the Cost of War
Execution Report as prescribed in the Department of Defense Financial
Management Regulation Department of Defense Instruction 7000.14, Volume
12, Chapter 23 ``Contingency Operations'', Annex 1, dated September
2005.
(including transfer of funds)
Sec. 8094. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8095. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances to
the Defense Acquisition Workforce Development Fund in accordance with
the requirements of section 1705 of title 10, United States Code.
Sec. 8096. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8097. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention;
or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
Sec. 8098. None of the funds made available under this Act may be
distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries.
(including transfer of funds)
Sec. 8099. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$139,204,000, shall be available for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8100. The Office of the Director of National Intelligence
shall not employ more Senior Executive employees than are specified in
the classified annex.
Sec. 8101. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay a retired
general or flag officer to serve as a senior mentor advising the
Department of Defense unless such retired officer files a Standard Form
278 (or successor form concerning public financial disclosure under
part 2634 of title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8102. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for
the physical security of personnel or for force protection purposes up
to a limit of $250,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8103. There is hereby established in the Treasury of the
United States the ``Ship Modernization, Operations and Sustainment
Fund''. There is appropriated $2,382,100,000, for the ``Ship
Modernization, Operations and Sustainment Fund'', to remain available
until September 30, 2014: Provided, That the Secretary of the Navy
shall transfer funds from the ``Ship Modernization, Operations and
Sustainment Fund'' to appropriations for military personnel; operation
and maintenance; research, development, test and evaluation; and
procurement, only for the purposes of manning, operating, sustaining,
equipping and modernizing the Ticonderoga-class guided missile cruisers
CG-63, CG-64, CG-65, CG-66, CG-68, CG-69, CG-73, and the Whidbey
Island-class dock landing ships LSD-41 and LSD-46: Provided further,
That funds transferred shall be merged with and be available for the
same purposes and for the same time period as the appropriation to
which they are transferred: Provided further, That the transfer
authority provided herein shall be in addition to any other transfer
authority available to the Department of Defense: Provided further,
That the Secretary of the Navy shall, not less than 30 days prior to
making any transfer from the ``Ship Modernization, Operations and
Sustainment Fund'', notify the congressional defense committees in
writing of the details of such transfer.
Sec. 8104. None of the funds made available by this Act may be
used by the Secretary of Defense to take beneficial occupancy of more
than 2,500 parking spaces (other than handicap-reserved spaces) to be
provided by the BRAC 133 project: Provided, That this limitation may
be waived in part if: (1) the Secretary of Defense certifies to
Congress that levels of service at existing intersections in the
vicinity of the project have not experienced failing levels of service
as defined by the Transportation Research Board Highway Capacity Manual
over a consecutive 90-day period; (2) the Department of Defense and the
Virginia Department of Transportation agree on the number of additional
parking spaces that may be made available to employees of the facility
subject to continued 90-day traffic monitoring; and (3) the Secretary
of Defense notifies the congressional defense committees in writing at
least 14 days prior to exercising this waiver of the number of
additional parking spaces to be made available.
Sec. 8105. Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall resume quarterly reporting
of the numbers of civilian personnel end strength by appropriation
account for each and every appropriation account used to finance
Federal civilian personnel salaries to the congressional defense
committees within 15 days after the end of each fiscal quarter.
Sec. 8106. None of the funds appropriated in this or any other Act
may be used to plan, prepare for, or otherwise take any action to
undertake or implement the separation of the National Intelligence
Program budget from the Department of Defense budget.
(including transfer of funds)
Sec. 8107. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $2,000,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2013.
(including transfer of funds)
Sec. 8108. In addition to amounts provided elsewhere in the Act,
there is appropriated $270,000,000 for an additional amount for
``Operation and Maintenance, Defense-Wide'', to be available until
expended: Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Economic Adjustment
of the Department of Defense, or for transfer to the Secretary of
Education, notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal funds to
construct, renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity or
facility condition deficiencies at such schools: Provided further,
That in making such funds available, the Office of Economic Adjustment
or the Secretary of Education shall give priority consideration to
those military installations with schools having the most serious
capacity or facility condition deficiencies as determined by the
Secretary of Defense: Provided further, That funds may not be made
available for a school unless its enrollment of Department of Defense-
connected children is greater than 50 percent.
Sec. 8109. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8110. (a)(1) Except as provided in paragraph (2) and
subsection (d), none of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer any
individual detained at Guantanamo to the custody or control of the
individual's country of origin, any other foreign country, or any other
foreign entity unless the Secretary of Defense submits to Congress the
certification described in subsection (b) not later than 30 days before
the transfer of the individual.
(2) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate--
(A) an order affecting the disposition of the individual
that is issued by a court or competent tribunal of the United
States having lawful jurisdiction (which the Secretary shall
notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.
(b) A certification described in this subsection is a written
certification made by the Secretary of Defense, with the concurrence of
the Secretary of State and in consultation with the Director of
National Intelligence, that--
(1) the government of the foreign country or the recognized
leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(A) is not a designated state sponsor of terrorism
or a designated foreign terrorist organization;
(B) maintains control over each detention facility
in which the individual is to be detained if the
individual is to be housed in a detention facility;
(C) is not, as of the date of the certification,
facing a threat that is likely to substantially affect
its ability to exercise control over the individual;
(D) has taken or agreed to take effective actions
to ensure that the individual cannot take action to
threaten the United States, its citizens, or its allies
in the future;
(E) has taken or agreed to take such actions as the
Secretary of Defense determines are necessary to ensure
that the individual cannot engage or re-engage in any
terrorist activity; and
(F) has agreed to share with the United States any
information that--
(i) is related to the individual or any
associates of the individual; and
(ii) could affect the security of the
United States, its citizens, or its allies; and
(2) includes an assessment, in classified or unclassified
form, of the capacity, willingness, and past practices (if
applicable) of the foreign country or entity in relation to the
Secretary's certifications.
(c)(1) Except as provided in paragraph (2) and subsection (d), none
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer any individual detained at Guantanamo
to the custody or control of the individual's country of origin, any
other foreign country, or any other foreign entity if there is a
confirmed case of any individual who was detained at United States
Naval Station, Guantanamo Bay, Cuba, at any time after September 11,
2001, who was transferred to such foreign country or entity and
subsequently engaged in any terrorist activity.
(2) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate--
(A) an order affecting the disposition of the individual
that is issued by a court or competent tribunal of the United
States having lawful jurisdiction (which the Secretary shall
notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.
(d)(1) The Secretary of Defense may waive the applicability to a
detainee transfer of a certification requirement specified in
subparagraph (D) or (E) of subsection (b)(1) or the prohibition in
subsection (c), if the Secretary certifies the rest of the criteria
required by subsection (b) for transfers prohibited by (c) and, with
the concurrence of the Secretary of State and in consultation with the
Director of National Intelligence, determines that--
(A) alternative actions will be taken to address the
underlying purpose of the requirement or requirements to be
waived;
(B) in the case of a waiver of subparagraph (D) or (E) of
subsection (b)(1), it is not possible to certify that the risks
addressed in the paragraph to be waived have been completely
eliminated, but the actions to be taken under subparagraph (A)
will substantially mitigate such risks with regard to the
individual to be transferred;
(C) in the case of a waiver of subsection (c), the
Secretary has considered any confirmed case in which an
individual who was transferred to the country subsequently
engaged in terrorist activity, and the actions to be taken
under subparagraph (A) will substantially mitigate the risk of
recidivism with regard to the individual to be transferred; and
(D) the transfer is in the national security interests of
the United States.
(2) Whenever the Secretary makes a determination under paragraph
(1), the Secretary shall submit to the appropriate committees of
Congress, not later than 30 days before the transfer of the individual
concerned, the following:
(A) A copy of the determination and the waiver concerned.
(B) A statement of the basis for the determination,
including--
(i) an explanation why the transfer is in the
national security interests of the United States; and
(ii) in the case of a waiver of subparagraph (D) or
(E) of subsection (b)(1), an explanation why it is not
possible to certify that the risks addressed in the
subparagraph to be waived have been completely
eliminated.
(C) A summary of the alternative actions to be taken to
address the underlying purpose of, and to mitigate the risks
addressed in, the subparagraph or subsection to be waived.
(D) The assessment required by subsection (b)(2).
(e) In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) The term ``individual detained at Guantanamo'' means
any individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of
the Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(3) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
Sec. 8111. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 8112. None of the funds made available by this Act may be
used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding agency
is aware of the unpaid tax liability, unless the agency has considered
suspension or debarment of the corporation and made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 8113. None of the funds made available by this Act may be
used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted of a felony criminal
violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless the agency has
considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 8114. None of the funds made available by this Act may be
used in contravention of section 1590 or 1591 of title 18, United
States Code, or in contravention of the requirements of section 106(g)
or (h) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7104(g) or (h)).
Sec. 8115. None of the funds made available by this Act for
International Military education and training, foreign military
financing, excess defense article, assistance under section 1206 of the
National Defense Authorization Act for Fiscal year 2006 (Public Law
109-163; 119 Stat. 3456) issuance for direct commercial sales of
military equipment, or peacekeeping operations for the countries of
Chad, Yemen, Somalia, Sudan, the Democratic Republic of the Congo, and
Burma may be used to support any military training or operation that
include child soldiers, as defined by the Child Soldiers Prevention Act
of 2008, and except if such assistance is otherwise permitted under
section 404 of the Child Soldiers Prevention Act of 2008 (Public Law
110-457; 22 U.S.C. 2370c-1).
Sec. 8116. None of the funds made available by this Act may be
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
Sec. 8117. None of the funds made available by this Act may be
used to retire, divest, realign, or transfer Air Force aircraft, to
disestablish or convert units associated with such aircraft, or to
disestablish or convert any other unit of the Air National Guard or Air
Force Reserve: Provided, That this section shall not apply to actions
affecting C-5, C-17, or E-8 aircraft, or the units associated with such
aircraft: Provided further, That this section shall continue in effect
through the date of enactment of an Act authorizing appropriations for
fiscal year 2013 for military activities of the Department of Defense.
Sec. 8118. The Secretary of the Air Force shall obligate and
expend funds previously appropriated for the procurement of RQ-4B
Global Hawk and C-27J Spartan aircraft for the purposes for which such
funds were originally appropriated.
Sec. 8119. It is the Sense of the Senate that the next available
capital warship of the U.S. Navy be named the USS Ted Stevens to
recognize the public service achievements, military service sacrifice,
and undaunted heroism and courage of the long-serving United States
Senator for Alaska.
Sec. 8120. None of the funds made available by this Act shall be
used to retire C-23 Sherpa aircraft.
Sec. 8121. The total amount available in the Act for pay for
civilian personnel of the Department of Defense for fiscal year 2013
shall be the amount otherwise appropriated or made available by this
Act for such pay reduced by $72,718,000.
Sec. 8122. None of the funds made available by this Act may be
used to enter into a contract for UH-60 Leak Proof Drip Pans using
procedures other than competitive procedures (as defined in section
2302(2) of title 10, United States Code).
Sec. 8123. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used by the Department of
Defense or a component thereof in contravention of section 1244 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81; 125 Stat. 1646; 22 U.S.C. 5952 note) or any provision of an Act
authorizing appropriations for the Department of Defense for fiscal
year 2013 relating to sharing classified ballistic missile defense
information with Russia.
Sec. 8124. None of the Operation and Maintenance funds made
available in this Act may be used in contravention of section 41106 of
title 49, United States Code.
Sec. 8125. None of the funds made available by this Act may be
used by the Department of Defense or any other Federal agency to lease
or purchase new light duty vehicles, for any executive fleet, or for an
agency's fleet inventory, except in accordance with Presidential
Memorandum-Federal Fleet Performance, dated May 24, 2011.
Sec. 8126. None of the funds made available by this Act may be
used to enter into a contract with any person or other entity listed in
the Excluded Parties List System (EPLS)/System for Award Management
(SAM) as having been convicted of fraud against the Federal Government.
Sec. 8127. None of the funds made available by this Act for the
Department of Defense may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to Rosoboronexport: Provided, That
the Secretary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8128. None of the funds made available by this Act may be
used by the Secretary of Defense to implement an enrollment fee for the
TRICARE for Life program under chapter 55 of title 10, United States
Code, that does not exist as of the date of the enactment of this Act.
Sec. 8129. (a) Requirement To Continue Provision of Tuition
Assistance for Members of the Armed Forces.--The Secretaries of the
military departments shall carry out tuition assistance programs for
members of the Armed Forces during the remainder of fiscal year 2013
using amounts specified in subsection (b).
(b) Amounts.--The minimum amount used by the Secretary of a
military department for tuition assistance for members of an Armed
Force under the jurisdiction of that Secretary pursuant to subsection
(a) shall be not less than--
(1) the amount appropriated or otherwise made available by
this Act for tuition assistance programs for members of that
Armed Force, minus
(2) an amount that is not more than the percentage of the
reduction required to the Operation and Maintenance account for
that Armed Force for fiscal year 2013 by the budget sequester
required by section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$9,790,082,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$774,225,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$1,425,156,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,286,783,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$156,893,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$39,335,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$24,722,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$25,348,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$583,804,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $10,473,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$28,452,018,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$5,839,934,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $4,116,340,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $9,249,736,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,714,079,000: Provided, That of the funds provided under
this heading, not to exceed $1,650,000,000, to remain available until
September 30, 2014, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military operations in support of Operation
Enduring Freedom, and post-operation Iraq border security related to
the activities of the Office of Security Cooperation in Iraq,
notwithstanding any other provision of law: Provided further, That
such reimbursement payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of State,
and in consultation with the Director of the Office of Management and
Budget, may determine, in his discretion, based on documentation
determined by the Secretary of Defense to adequately account for the
support provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days following
notification to the appropriate congressional committees: Provided
further, That the requirement under this heading to provide
notification to the appropriate congressional committees shall not
apply with respect to a reimbursement for access based on an
international agreement: Provided further, That these funds may be
used for the purpose of providing specialized training and procuring
supplies and specialized equipment and providing such supplies and
loaning such equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Afghanistan, and 15
days following notification to the appropriate congressional
committees: Provided further, That the Secretary of Defense shall
provide quarterly reports to the congressional defense committees on
the use of funds provided in this paragraph: Provided further, That
such amount in this section is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $157,887,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $55,924,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $25,477,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $60,618,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $392,448,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $34,500,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
In addition to amounts provided elsewhere in this Act, there is
appropriated $582,884,000 for the ``Overseas Contingency Operations
Transfer Fund'' for expenses directly relating to overseas contingency
operations by United States military forces, to be available until
expended: Provided, That of the funds made available in this section,
the Secretary of Defense may transfer these funds only to military
personnel accounts, operation and maintenance accounts, procurement
accounts, and working capital fund accounts: Provided further, That
the funds made available in this paragraph may only be used for
programs, projects, or activities categorized as Overseas Contingency
Operations in the fiscal year 2013 budget request for the Department of
Defense and the justification material and other documentation
supporting such request: Provided further, That the funds transferred
shall be merged with and shall be available for the same purposes and
for the same time period, as the appropriation to which transferred:
Provided further, That the Secretary shall notify the congressional
defense committees 15 days prior to such transfer: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation and shall be available for the same purposes and for the
same time period as originally appropriated: Provided further, That
such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Infrastructure Fund
(including transfer of funds)
For the ``Afghanistan Infrastructure Fund'', $325,000,000, to
remain available until September 30, 2014: Provided, That such funds
shall be available to the Secretary of Defense for infrastructure
projects in Afghanistan, notwithstanding any other provision of law,
which shall be undertaken by the Secretary of State, unless the
Secretary of State and the Secretary of Defense jointly decide that a
specific project will be undertaken by the Department of Defense:
Provided further, That the infrastructure referred to in the preceding
proviso is in support of the counterinsurgency strategy, which may
require funding for facility and infrastructure projects, including,
but not limited to, water, power, and transportation projects and
related maintenance and sustainment costs: Provided further, That the
authority to undertake such infrastructure projects is in addition to
any other authority to provide assistance to foreign nations: Provided
further, That any projects funded under this heading shall be jointly
formulated and concurred in by the Secretary of State and Secretary of
Defense: Provided further, That funds may be transferred to the
Department of State for purposes of undertaking projects, which funds
shall be considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act: Provided further,
That the transfer authority in the preceding proviso is in addition to
any other authority available to the Department of Defense to transfer
funds: Provided further, That any unexpended funds transferred to the
Secretary of State under this authority shall be returned to the
Afghanistan Infrastructure Fund if the Secretary of State, in
coordination with the Secretary of Defense, determines that the project
cannot be implemented for any reason, or that the project no longer
supports the counterinsurgency strategy in Afghanistan: Provided
further, That any funds returned to the Secretary of Defense under the
previous proviso shall be available for use under this appropriation
and shall be treated in the same manner as funds not transferred to the
Secretary of State: Provided further, That contributions of funds for
the purposes provided herein to the Secretary of State in accordance
with section 635(d) of the Foreign Assistance Act from any person,
foreign government, or international organization may be credited to
this Fund, to remain available until expended, and used for such
purposes: Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to making transfers to or from, or obligations
from the Fund, notify the appropriate committees of Congress in writing
of the details of any such transfer: Provided further, That the
``appropriate committees of Congress'' are the Committees on Armed
Services, Foreign Relations and Appropriations of the Senate and the
Committees on Armed Services, Foreign Affairs and Appropriations of the
House of Representatives: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $5,124,167,000, to
remain available until September 30, 2014: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation
of any contribution, delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided further,
That the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the congressional
defense committees in writing of the details of any such obligation:
Provided further, That the Secretary of Defense shall notify the
congressional defense committees of any proposed new projects or
transfer of funds between budget sub-activity groups in excess of
$20,000,000: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$550,700,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$67,951,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $15,422,000, to remain available until
September 30, 2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$338,493,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,740,157,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$215,698,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$22,500,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $283,059,000, to remain available until September 30,
2015: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$98,882,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$822,054,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$305,600,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$34,350,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $116,203,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,680,270,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$188,099,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons and other procurement for the reserve
components of the Armed Forces, $1,500,000,000, to remain available for
obligation until September 30, 2015: Provided, That the Chiefs of
National Guard and Reserve components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $29,660,000, to remain available until September
30, 2014: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $52,519,000, to remain available until September
30, 2014: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $53,150,000, to remain available until
September 30, 2014: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $112,387,000, to remain available until
September 30, 2014: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$243,600,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$993,898,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $469,025,000, to remain available until
September 30, 2014: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$1,622,614,000, to remain available until September 30, 2015:
Provided, That such funds shall be available to the Secretary of
Defense, notwithstanding any other provision of law, for the purpose of
allowing the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,766,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2013.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $3,500,000,000 between the appropriations or funds made available to
the Department of Defense in this title: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in the Department of Defense
Appropriations Act, 2013.
Sec. 9003. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance, ``Afghanistan Infrastructure Fund'', or the
``Afghanistan Security Forces Fund'' provided in this Act and executed
in direct support of overseas contingency operations in Afghanistan,
may be obligated at the time a construction contract is awarded:
Provided, That for the purpose of this section, supervision and
administration costs include all in-house Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the U.S. Central Command area of
responsibility: (a) passenger motor vehicles up to a limit of $75,000
per vehicle; and (b) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$250,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $200,000,000 of the amount appropriated
in this title under the heading ``Operation and Maintenance, Army'' may
be used, notwithstanding any other provision of law, to fund the
Commander's Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent,
small-scale, humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project (including
any ancillary or related elements in connection with such project)
executed under this authority shall not exceed $20,000,000: Provided
further, That not later than 45 days after the end of each fiscal year
quarter, the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were made
available pursuant to the authority provided in this section or under
any other provision of law for the purposes described herein: Provided
further, That, not later than 30 days after the end of each month, the
Army shall submit to the congressional defense committees monthly
commitment, obligation, and expenditure data for the Commander's
Emergency Response Program in Afghanistan: Provided further, That not
less than 15 days before making funds available pursuant to the
authority provided in this section or under any other provision of law
for the purposes described herein for a project with a total
anticipated cost for completion of $5,000,000 or more, the Secretary
shall submit to the congressional defense committees a written notice
containing each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or
a third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to
coalition forces supporting military and stability operations in
Afghanistan: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees regarding
support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title 22,
Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
Law 109-148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-standard
equipment requirements in excess of $100,000,000 using ASFF: Provided
further, That the AROC must approve all projects and the execution plan
under the ``Afghanistan Infrastructure Fund'' (AIF) and any project in
excess of $5,000,000 from the Commanders Emergency Response Program
(CERP): Provided further, That the Department of Defense must certify
to the congressional defense committees that the AROC has convened and
approved a process for ensuring compliance with the requirements in the
preceding provisos and accompanying report language for the ASFF, AIF,
and CERP.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action
is necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item unit cost
of not more than $500,000.
Sec. 9011. Notwithstanding any other provision of law, up to
$93,000,000 of funds made available in this title under the heading
``Operation and Maintenance, Army'' may be obligated and expended for
purposes of the Task Force for Business and Stability Operations,
subject to the direction and control of the Secretary of Defense, with
concurrence of the Secretary of State, to carry out strategic business
and economic assistance activities in Afghanistan in support of
Operation Enduring Freedom: Provided, That not less than 15 days
before making funds available pursuant to the authority provided in
this section for any project with a total anticipated cost of
$5,000,000 or more, the Secretary shall submit to the congressional
defense committees a written notice containing a detailed justification
and timeline for each proposed project.
Sec. 9012. From funds made available to the Department of Defense
in this title under the heading ``Operation and Maintenance, Air
Force'' up to $508,000,000 may be used by the Secretary of Defense,
notwithstanding any other provision of law, to support United States
Government transition activities in Iraq by funding the operations and
activities of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and personal
security, and facilities renovation and construction: Provided, That
to the extent authorized under the National Defense Authorization Act
for Fiscal Year 2013, the operations and activities that may be carried
out by the Office of Security Cooperation in Iraq may, with the
concurrence of the Secretary of State, include non-operational training
activities in support of Iraqi Ministry of Defense and Counter
Terrorism Service personnel in an institutional environment to address
capability gaps, integrate processes relating to intelligence, air
sovereignty, combined arms, logistics and maintenance, and to manage
and integrate defense-related institutions: Provided further, That not
later than 30 days following the enactment of this Act, the Secretary
of Defense and the Secretary of State shall submit to the congressional
defense committees a plan for transitioning any such training
activities that they determine are needed after the end of fiscal year
2013, to existing or new contracts for the sale of defense articles or
defense services consistent with the provisions of the Arms Export
Control Act (22 U.S.C. 2751 et seq.): Provided further, That not less
than 15 days before making funds available pursuant to the authority
provided in this section, the Secretary of Defense shall submit to the
congressional defense committees a written notification containing a
detailed justification and timeline for the operations and activities
of the Office of Security Cooperation in Iraq at each site where such
operations and activities will be conducted during fiscal year 2013.
(rescissions)
Sec. 9013. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985:
``Retroactive Stop Loss Special Pay Program, 2009/XXXX'',
$127,200,000;
``Afghanistan Security Forces Fund, 2012/2013'',
$1,000,000,000;
``Other Procurement, Army, 2012/2014'', $207,600,000;
``Procurement of Ammunition, Navy and Marine Corps, 2012/
2014'', $32,176,000;
``Procurement, Marine Corps, 2012/2014'', $2,776,000;
``Mine Resistant Ambush Protected Vehicle Fund, 2012/
2013'', $400,000,000;
``Research, Development, Test and Evaluation, Air Force,
2012/2013'', $50,000,000;
``Joint Improvised Explosive Device Defeat Fund, 2012/
2014'', $40,300,000.
Sec. 9014. (a) None of the funds appropriated or otherwise made
available by this Act under the heading ``Operation and Maintenance,
Defense-Wide'' for payments under section 1233 of Public Law 110-181
for reimbursement to the Government of Pakistan may be made available
unless the Secretary of Defense, in coordination with the Secretary of
State, certifies to the Committees on Appropriations that the
Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other
domestic and foreign terrorist organizations, including taking
steps to end support for such groups and prevent them from
basing and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture of
IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(6) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the Secretary of
State, may waive the restriction in paragraph (a) on a case-by-case
basis by certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that it is in the national
security interest to do so: Provided, That if the Secretary of
Defense, in coordination with the Secretary of State, exercises the
authority of the previous proviso, the Secretaries shall report to the
Committees on Appropriations on both the justification for the waiver
and on the requirements of this section that the Government of Pakistan
was not able to meet: Provided further, That such report may be
submitted in classified form if necessary.
This division may be cited as the ``Department of Defense
Appropriations Act, 2013''.
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of Homeland
Security for the fiscal year ending September 30, 2013, and for other
purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Departmental Operations
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $130,000,000: Provided, That
not to exceed $45,000 shall be for official reception and
representation expenses: Provided further, That all official costs
associated with the use of government aircraft by Department of
Homeland Security personnel to support official travel of the Secretary
and the Deputy Secretary shall be paid from amounts made available for
the Immediate Office of the Secretary and the Immediate Office of the
Deputy Secretary: Provided further, That the Secretary shall submit to
the Committees on Appropriations of the Senate and the House of
Representatives, not later than 90 days after the date of enactment of
this Act, expenditure plans for the Office of Policy, the Office for
Intergovernmental Affairs, the Office for Civil Rights and Civil
Liberties, the Citizenship and Immigration Services Ombudsman, and the
Privacy Officer.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $218,511,000, of which
not to exceed $2,250 shall be for official reception and representation
expenses: Provided, That of the total amount made available under this
heading, $5,448,000 shall remain available until September 30, 2017,
solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department
headquarters operations at the Nebraska Avenue Complex; and $9,680,000
shall remain available until September 30, 2015, for the Human
Resources Information Technology program: Provided further, That the
Under Secretary for Management shall, pursuant to the requirements
contained in House Report 112-331, submit to the Committees on
Appropriations of the Senate and the House of Representatives with the
President's budget proposal for fiscal year 2014, submitted pursuant to
the requirements of section 1105(a) of title 31, United States Code, a
Comprehensive Acquisition Status Report, which shall include the
information required under the heading ``Office of the Under Secretary
for Management'' under title I of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74), and quarterly updates to
such report not later than 45 days after the completion of each
quarter.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $51,500,000, of which $5,000,000 shall remain
available until September 30, 2014, for financial systems modernization
efforts.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$243,732,000; of which $118,000,000 shall be available for salaries and
expenses; and of which $125,732,000, to remain available until
September 30, 2015, shall be available for development and acquisition
of information technology equipment, software, services, and related
activities for the Department of Homeland Security: Provided, That the
Department of Homeland Security Chief Information Officer shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is submitted
each year under section 1105(a) of title 31, United States Code, a
multi-year investment and management plan, to include each of fiscal
years 2013 through 2016, for all information technology acquisition
projects funded under this heading or funded by multiple components of
the Department of Homeland Security through reimbursable agreements,
that includes--
(1) the proposed appropriations included for each project
and activity tied to mission requirements, program management
capabilities, performance levels, and specific capabilities and
services to be delivered;
(2) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations, and
new capabilities that are proposed in such budget or underway;
(3) a detailed accounting of operations and maintenance and
contractor services costs; and
(4) a current acquisition program baseline for each
project, that--
(A) notes and explains any deviations in cost,
performance parameters, schedule, or estimated date of
completion from the original acquisition program
baseline;
(B) aligns the acquisition programs covered by the
baseline to mission requirements by defining existing
capabilities, identifying known capability gaps between
such existing capabilities and stated mission
requirements, and explaining how each increment will
address such known capability gaps; and
(C) defines life-cycle costs for such programs.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $322,280,000; of which not
to exceed $3,825 shall be for official reception and representation
expenses; and of which $94,359,000 shall remain available until
September 30, 2014.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $121,164,000, of which not to exceed $300,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and transportation of
unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500
for replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,293,351,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust Fund for
administrative expenses related to the collection of the Harbor
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
of which not to exceed $34,425 shall be for official reception and
representation expenses; of which such sums as become available in the
Customs User Fee Account, except sums subject to section 13031(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations; and of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided, That for fiscal year 2013, the overtime limitation prescribed
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000; and notwithstanding any other provision of
law, none of the funds appropriated by this Act shall be available to
compensate any employee of U.S. Customs and Border Protection for
overtime, from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the Secretary of
Homeland Security, or the designee of the Secretary, to be necessary
for national security purposes, to prevent excessive costs, or in cases
of immigration emergencies: Provided further, That the Border Patrol
shall maintain an active duty presence of not less than 21,370 full-
time equivalent agents protecting the borders of the United States in
the fiscal year.
automation modernization
For necessary expenses for U.S. Customs and Border Protection for
operation and improvement of automated systems, including salaries and
expenses, $719,866,000; of which $325,526,000 shall remain available
until September 30, 2015; and of which not less than $138,794,000 shall
be for the development of the Automated Commercial Environment.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure, and
technology, $324,099,000, to remain available until September 30, 2015.
air and marine operations
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, and
other related equipment of the air and marine program, including
salaries and expenses and operational training and mission-related
travel, the operations of which include the following: the interdiction
of narcotics and other goods; the provision of support to Federal,
State, and local agencies in the enforcement or administration of laws
enforced by the Department of Homeland Security; and, at the discretion
of the Secretary of Homeland Security, the provision of assistance to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; $799,006,000; of which $283,570,000
shall be available for salaries and expenses; and of which $515,436,000
shall remain available until September 30, 2015: Provided, That no
aircraft or other related equipment, with the exception of aircraft
that are one of a kind and have been identified as excess to U.S.
Customs and Border Protection requirements and aircraft that have been
damaged beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of Homeland
Security during fiscal year 2013 without prior notice to the Committees
on Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary of Homeland Security shall report
to the Committees on Appropriations of the Senate and the House of
Representatives, not later than 90 days after the date of enactment of
this Act, on any changes to the 5-year strategic plan for the air and
marine program required under this heading in Public Law 112-74.
construction and facilities management
For necessary expenses to plan, acquire, construct, renovate,
equip, furnish, operate, manage, and maintain buildings, facilities,
and related infrastructure necessary for the administration and
enforcement of the laws relating to customs, immigration, and border
security, $233,563,000, to remain available until September 30, 2017:
Provided, That the Commissioner of U.S. Customs and Border Protection
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives, at the time that the President's budget
proposal is submitted pursuant to the requirements of section 1105(a)
of title 31, United States Code, an inventory of the real property of
U.S. Customs and Border Protection and a plan for each activity and
project proposed for funding under this heading that includes the full
cost by fiscal year of each activity and project proposed and underway
in fiscal year 2014.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations, including overseas
vetted units operations; and purchase and lease of up to 3,790 (2,350
for replacement only) police-type vehicles; $5,394,402,000; of which
not to exceed $10,000,000 shall be available until expended for
conducting special operations under section 3131 of the Customs
Enforcement Act of 1986 (19 U.S.C. 2081); of which not to exceed
$11,475 shall be for official reception and representation expenses; of
which not to exceed $2,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security; of which not less than $305,000 shall
be for promotion of public awareness of the child pornography tipline
and activities to counter child exploitation; of which not less than
$5,400,000 shall be used to facilitate agreements consistent with
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)); and of which 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 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
$2,753,610,000 is for detention and removal operations, including
transportation of unaccompanied minor aliens: Provided further, That
of the total amount provided, $10,300,000 shall remain available until
September 30, 2014, for the Visa Security Program: Provided further,
That not less than $10,000,000 shall be available for investigation of
intellectual property rights violations, including operation of the
National Intellectual Property Rights Coordination Center: Provided
further, That none of the funds provided under this heading may be used
to continue a delegation of law enforcement authority authorized under
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have 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
(including transfer of funds)
For expenses of immigration and customs enforcement automated
systems, $33,500,000, to remain available until September 30, 2015:
Provided, That of the total amount provided, up to $1,000,000 may be
transferred to the Department of Justice Executive Office of
Immigration Review to improve case management and electronic
communication with U.S. Immigration and Customs Enforcement: Provided
further, That no transfer described in the previous proviso shall occur
until 15 days after the Committees on Appropriations of the Senate and
the House of Representatives are notified of such transfer.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$5,000,000, to remain available until September 30, 2016.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,052,620,000, to remain
available until September 30, 2014, of which not to exceed $7,650 shall
be for official reception and representation expenses: Provided, That
of the total amount made available under this heading, not to exceed
$3,975,517,000 shall be for screening operations, of which $408,930,000
shall be available for explosives detection systems; $115,204,000 shall
be for checkpoint support; and not to exceed $1,077,103,000 shall be
for aviation security direction and enforcement: Provided further,
That of the amount made available in the preceding proviso for
explosives detection systems, $99,930,000 shall be available for the
purchase and installation of these systems: Provided further, That any
award to deploy explosives detection systems shall be based on risk,
the airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness: Provided further,
That security service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation as
offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal year
2013 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $2,982,620,000: Provided
further, That any security service fees collected in excess of the
amount made available under this heading shall become available during
fiscal year 2014: Provided further, That notwithstanding section 44923
of title 49, United States Code, for fiscal year 2013, any funds in the
Aviation Security Capital Fund established by section 44923(h) of title
49, 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 the Administrator of the Transportation
Security Administration shall, within 270 days of the date of enactment
of this Act, establish procedures allowing members of cabin flight
crews of air carriers to participate in the Known Crewmember pilot
program, unless the Administrator determines that meeting the
requirement within this timeline is not practicable and informs the
Committees on Appropriations of the Senate and House of Representatives
of the basis for that determination and the new timeline for
implementing the requirement: Provided further, That Members of the
United States House of Representatives and United States Senate,
including the leadership; the heads of Federal agencies and
commissions, including the Secretary, Deputy Secretary, Under
Secretaries, and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney General,
Assistant Attorneys General, and the United States Attorneys; and
senior members of the Executive Office of the President, including the
Director of the Office of Management and Budget, shall not be exempt
from Federal passenger and baggage screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to surface transportation security activities,
$124,418,000, to remain available until September 30, 2014.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation of
screening programs of the Office of Transportation Threat Assessment
and Credentialing, $192,424,000, to remain available until September
30, 2014.
transportation security support
For necessary expenses of the Transportation Security
Administration related to transportation security support and
intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $954,277,000,
to remain available until September 30, 2014: Provided, That of the
funds appropriated under this heading, $20,000,000 may not be obligated
for headquarters administration until the Administrator of the
Transportation Security Administration submits to the Committees on
Appropriations of the Senate and the House of Representatives detailed
expenditure plans for air cargo security, checkpoint support, and
explosives detection systems refurbishment, procurement, and
installations on an airport-by-airport basis for fiscal year 2013:
Provided further, That these plans shall be submitted not later than 60
days after the date of enactment of this Act.
federal air marshals
For necessary expenses of the Federal Air Marshal Service,
$907,757,000: Provided, That the Director of the Federal Air Marshal
Service shall submit to the Committees on Appropriations of the Senate
and the House of Representatives not later than 45 days after the date
of enactment of this Act a detailed, classified expenditure and
staffing plan for ensuring optimal coverage of high risk flights.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase or lease of boats necessary for overseas deployments and
activities; minor shore construction projects not exceeding $1,000,000
in total cost on any location; payments pursuant to section 156 of
Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation
and welfare; $7,074,782,000; of which $594,000,000 shall be for
defense-related activities, of which $254,000,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985; of which $24,500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which not to exceed $15,300 shall be for
official reception and representation expenses: Provided, That none of
the funds made available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United States
Code, except to the extent fees are collected from owners of yachts and
credited to this appropriation: Provided further, That of the funds
provided under this heading, $75,000,000 shall be withheld from
obligation for Coast Guard Headquarters Directorates until a revised
future-years capital investment plan for fiscal years 2014 through
2018, as specified under the heading Coast Guard ``Acquisition,
Construction, and Improvements'' of this Act is submitted to the
Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That funds made available under
this heading for Overseas Contingency Operations/Global War on
Terrorism may be allocated by program, project, and activity,
notwithstanding section 503 of this Act.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $13,151,000, to remain available until
September 30, 2017.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the Coast Guard reserve program;
personnel and training costs; and equipment and services; $132,528,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment; as
authorized by law; $1,545,393,000; of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $10,000,000 shall remain available until
September 30, 2017, for military family housing, of which not more than
$6,828,691 shall be derived from the Coast Guard Housing Fund
established pursuant to 14 U.S.C. 687; of which $1,082,800,000 shall be
available until September 30, 2017, to acquire, effect major repairs
to, renovate, or improve vessels, small boats, and related equipment;
of which $190,500,000 shall be available until September 30, 2017, to
acquire, effect major repairs to, renovate, or improve aircraft or
increase aviation capability; of which $64,000,000 shall be available
until September 30, 2017, for other acquisition programs; of which
$84,411,000 shall be available until September 30, 2017, for shore
facilities and aids to navigation, including waterfront facilities at
Navy installations used by the Coast Guard; of which $113,682,000 shall
be available for personnel compensation and benefits and related costs:
Provided, That the funds provided by this Act shall be immediately
available and allotted to contract for the production of the sixth
National Security Cutter notwithstanding the availability of funds for
post-production costs: Provided further, That the funds provided by
this Act shall be immediately available and allotted to contract for
long lead time materials, components, and designs for the seventh
National Security Cutter notwithstanding the availability of funds for
production costs or post-production costs: Provided further, That the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the
time that the President's budget is submitted each year under section
1105(a) of title 31, United States Code, a future-years capital
investment plan for the Coast Guard that identifies for each requested
capital asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until acquisition program baseline or
project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) includes the total acquisition cost of each
asset, subdivided by fiscal year and including a
detailed description of the purpose of the proposed
funding levels for each fiscal year, including for each
fiscal year funds requested for design, pre-acquisition
activities, production, structural modifications,
missionization, post-delivery, and transition to
operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal
year; and
(ii) major acquisition and project events,
including development of operational
requirements, contracting actions, design
reviews, production, delivery, test and
evaluation, and transition to operations,
including necessary training, shore
infrastructure, and logistics;
(C) notes and explains any deviations in cost,
performance parameters, schedule, or estimated date of
completion from the original acquisition program
baseline and the most recent baseline approved by the
Department of Homeland Security's Acquisition Review
Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of
comparable legacy assets, identifying known capability
gaps between such existing capabilities and stated
mission requirements, and explaining how the
acquisition of each asset will address such known
capability gaps;
(E) defines life-cycle costs for each asset and the
date of the estimate on which such costs are based,
including all associated costs of major acquisitions
systems infrastructure and transition to operations,
delineated by purpose and fiscal year for the projected
service life of the asset;
(F) includes the earned value management system
summary schedule performance index and cost performance
index for each asset, if applicable; and
(G) includes a phase-out and decommissioning
schedule delineated by fiscal year for each existing
legacy asset that each asset is intended to replace or
recapitalize:
Provided further, That the Commandant of the Coast Guard shall ensure
that amounts specified in the future-years capital investment plan are
consistent, to the maximum extent practicable, with proposed
appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President's budget as submitted
under section 1105(a) of title 31, United States Code, for that fiscal
year: Provided further, That any inconsistencies between the capital
investment plan and proposed appropriations shall be identified and
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; $1,555,913,000; of which not
to exceed $19,125 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for forensic
and related support of investigations of missing and exploited
children; of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children and shall
remain available until September 30, 2014; and of which $4,000,000
shall be for activities related to training in electronic crimes
investigations and forensics: Provided, That up to $18,000,000 for
protective travel shall remain available until September 30, 2014:
Provided further, That $4,500,000 for National Special Security Events
shall remain available until September 30, 2014: Provided further,
That the United States Secret Service is authorized to obligate funds
in anticipation of reimbursements from Federal agencies and entities,
as defined in section 105 of title 5, United States Code, for personnel
receiving training sponsored by the James J. Rowley Training Center,
except that total obligations at the end of the fiscal year shall not
exceed total budgetary resources available under this heading at the
end of the fiscal year: Provided further, That 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:
Provided further, That for purposes of section 503(b) of this Act,
$15,000,000 or 10 percent, whichever is less, may be transferred
between ``Protection of persons and facilities'' and ``Domestic field
operations''.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of physical and technological
infrastructure, $56,750,000; of which $4,430,000, to remain available
until September 30, 2017, shall be for acquisition, construction,
improvement, and maintenance of facilities; and of which $52,320,000,
to remain available until September 30, 2015, shall be for information
integration and technology transformation execution: Provided, That
the Director 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, $50,220,000: Provided, That
not to exceed $3,825 shall be for official reception and representation
expenses.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$1,157,529,000, of which $200,000,000, shall remain available until
September 30, 2014: Provided, That of the total amount provided for
the ``Infrastructure security compliance'' program, project, and
activity, $20,000,000 shall not be available for obligation until the
Under Secretary for the National Protection and Programs Directorate
submits to the Committees on Appropriations of the Senate and the House
of Representatives an expenditure plan for the Chemical Facility Anti-
Terrorism Standards program that includes the number of facilities
covered by the program, inspectors on-board, inspections pending, and
inspections projected to be completed by September 30, 2013.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Secretary of Homeland Security and the Director of the Office of
Management and Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives not later
than May 1, 2013, that the operations of the Federal Protective Service
will be fully funded in fiscal year 2013 through revenues and
collection of security fees, and shall adjust the fees to ensure fee
collections are sufficient to ensure that the Federal Protective
Service maintains not fewer than 1,371 full-time equivalent staff and
1,007 full-time equivalent Police Officers, Inspectors, Area
Commanders, and Special Agents who, while working, are directly engaged
on a daily basis protecting and enforcing laws at Federal buildings
(referred to as ``in-service field staff''): Provided further, That
the 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), $232,422,000:
Provided, That of the total amount made available under this heading,
$113,956,000 shall remain available until September 30, 2015: Provided
further, That the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, not later than 60 days after the date of enactment of
this Act, an expenditure plan for the Office of Biometric Identity
Management: Provided further, That the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives at the time the President's budget is submitted each
year under section 1105(a) of title 31, United States Code, a multi-
year investment and management plan for the Office of Biometric
Identity Management program, to include each fiscal year starting with
the current fiscal year and the 3 subsequent fiscal years, that
provides--
(1) the proposed appropriation for each activity tied to
mission requirements and outcomes, program management
capabilities, performance levels, and specific capabilities and
services to be delivered, noting any deviations in cost or
performance from the prior fiscal years expenditure or
investment and management plan for United States Visitor and
Immigrant Status Indicator Technology;
(2) the total estimated cost, projected funding by fiscal
year, and projected timeline of completion for all
enhancements, modernizations, and new capabilities proposed in
such budget and underway, including and clearly delineating
associated efforts and funds requested by other agencies within
the Department of Homeland Security and in the Federal
Government and detailing any deviations in cost, performance,
schedule, or estimated date of completion provided in the prior
fiscal years expenditure or investment and management plan for
United States Visitor and Immigrant Status Indicator
Technology; and
(3) a detailed accounting of operations and maintenance,
contractor services, and program costs associated with the
management of identity services:
Provided further, That amounts obligated under Public Law 112-175 for
National Protection and Programs Directorate, ``United States Visitor
and Immigrant Status Indicator Technology'' shall be charged to the
appropriate successor account of the following: National Protection and
Programs Directorate, ``Office of Biometric Identity Management''; U.S.
Customs and Border Protection, ``Salaries and Expenses''; or U.S.
Immigration and Customs Enforcement, ``Salaries and Expenses''.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$132,499,000; of which $26,702,000 is for salaries and expenses; and of
which $85,390,000 is for BioWatch operations: Provided, That of the
amount made available under this heading, $20,407,000 shall remain
available until September 30, 2014, for biosurveillance, chemical
defense, medical and health planning and coordination, and workforce
health protection: Provided further, That not to exceed $2,250 shall
be for official reception and representation expenses.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management Agency,
$973,118,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the
Implementing Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53), the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.), the Post-Katrina Emergency Management Reform Act
of 2006 (Public Law 109-295; 120 Stat. 1394), and the Biggert-Waters
Flood Insurance Reform Act of 2012 (Public Law 112-141, 126 Stat. 917):
Provided, That not to exceed $2,250 shall be for official reception
and representation expenses: Provided further, That for fiscal year
2013 and thereafter, for purposes of planning, coordination, execution,
and decision making related to mass evacuation during a disaster, the
Governors of the State of West Virginia and the Commonwealth of
Pennsylvania, or their designees, shall be incorporated into efforts to
integrate the activities of Federal, State, and local governments in
the National Capital Region, as defined in section 882 of the Homeland
Security Act of 2002 (Public Law 107-296): Provided further, That of
the total amount made available under this heading, $35,180,000 shall
be for the Urban Search and Rescue Response System, of which none is
available for Federal Emergency Management Agency administrative costs:
Provided further, That of the total amount made available under this
heading, $22,000,000 shall remain available until September 30, 2014,
for capital improvements and other expenses related to continuity of
operations at the Mount Weather Emergency Operations Center: Provided
further, That of the total amount made available under this heading,
$5,000,000 shall remain available until September 30, 2014, for
expenses related to modernization of automated systems: Provided
further, That the Administrator of the Federal Emergency Management
Agency, in consultation with the Department of Homeland Security Chief
Information Officer, shall submit to the Committees on Appropriations
of the Senate and the House of Representatives an expenditure plan
including results to date, plans for the program, and a list of
projects with associated funding provided from prior appropriations and
provided by this Act for modernization of automated systems.
state and local programs
For grants contracts, cooperative agreements, and other activities,
$1,466,082,000, which shall be allocated as follows:
(1) Not less than $346,600,000 shall be for the State
Homeland Security Grant Program under section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605), of which not less
than $46,600,000 shall be for Operation Stonegarden: Provided,
That notwithstanding subsection (c)(4) of such section 2004,
for fiscal year 2013, the Commonwealth of Puerto Rico shall
make available to local and tribal governments amounts provided
to the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) Not less than $500,376,000 shall be for the Urban Area
Security Initiative under section 2003 of the Homeland Security
Act of 2002 (6 U.S.C. 604), of which not less than $10,000,000
shall be for organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax section 501(a) of such code) determined by the Secretary of
Homeland Security to be at high risk of a terrorist attack.
(3) Not less than $97,500,000 shall be for Public
Transportation Security Assistance and Railroad Security
Assistance under sections 1406 and 1513 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law
110-53; 6 U.S.C. 1135 and 1163), of which not less than
$10,000,000 shall be for Amtrak security: Provided, That such
public transportation security assistance shall be provided
directly to public transportation agencies.
(4) Not less than $97,500,000 shall be for Port Security
Grants in accordance with 46 U.S.C. 70107.
(5) Notwithstanding section 503 of this Act, $188,932,000
shall be distributed, according to threat, vulnerability, and
consequence, at the discretion of the Secretary of Homeland
Security based on the following authorities:
(A) The State Homeland Security Grant Program under
section 2004 of the Homeland Security Act of 2002 (6
U.S.C. 605): Provided, That notwithstanding subsection
(c)(4) of such section 2004, for fiscal year 2013, the
Commonwealth of Puerto Rico shall make available to
local and tribal governments amounts provided to the
Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(B) Operation Stonegarden.
(C) The Urban Area Security Initiative under
section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(D) Organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax section 501(a) of such code) determined
by the Secretary of Homeland Security to be at high
risk of a terrorist attack.
(E) Public Transportation Security Assistance and
Railroad Security Assistance, under sections 1406 and
1513 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135 and 1163),
including Amtrak security: Provided, That such public
transportation security assistance shall be provided
directly to public transportation agencies.
(F) Port Security Grants in accordance with 46
U.S.C. 70107.
(G) Over-the-Road Bus Security Assistance under
section 1532 of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53; 6
U.S.C. 1182).
(H) The Metropolitan Medical Response System under
section 635 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 723).
(I) The Citizen Corps Program.
(J) The Driver's License Security Grants Program in
accordance with section 204 of the REAL ID Act of 2005
(49 U.S.C. 30301 note).
(K) The Interoperable Emergency Communications
Grant Program under section 1809 of the Homeland
Security Act of 2002 (6 U.S.C. 579).
(L) Emergency Operations Centers under section 614
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c).
(M) The Buffer Zone Protection Program Grants.
(N) Regional Catastrophic Preparedness Grants.
(6) $235,174,000 shall be to sustain current operations for
training, exercises, technical assistance, and other programs,
of which $157,991,000 shall be for training of State, local,
and tribal emergency response providers:
Provided, That for grants under paragraphs (1) through (5),
applications for grants shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act, that
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after the receipt
of an application: Provided further, That notwithstanding section
2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)),
or any other provision of law, a grantee may not use more than 5
percent of the amount of a grant made available under this heading for
expenses directly related to administration of the grant: Provided
further, That for grants under paragraphs (1) and (2), the installation
of communications towers is not considered construction of a building
or other 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 and thereafter: (a) the Center for Domestic Preparedness may
provide training to emergency response providers from the Federal
Government, foreign governments, or private entities, if the Center for
Domestic Preparedness is reimbursed for the cost of such training, and
any reimbursement under this subsection shall be credited to the
account from which the expenditure being reimbursed was made and shall
be available, without fiscal year limitation, for the purposes for
which amounts in the account may be expended; (b) the head of the
Center for Domestic Preparedness shall ensure that any training
provided under (a) does not interfere with the primary mission of the
Center to train State and local emergency response providers; and (c)
subject to (b), nothing in (a) prohibits the Center for Domestic
Preparedness from providing training to employees of the Federal
Emergency Management Agency in existing chemical, biological,
radiological, nuclear, explosives, mass casualty, and medical surge
courses pursuant to 5 U.S.C. 4103 without reimbursement for the cost of
such training.
firefighter assistance grants
For grants for programs authorized by the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.), $675,000,000, to
remain available until September 30, 2014, of which $337,500,000 shall
be available to carry out section 33 of that Act (15 U.S.C. 2229) and
$337,500,000 shall be available to carry out section 34 of that Act (15
U.S.C. 2229a).
emergency management performance grants
For emergency management performance grants, as authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), $350,000,000.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2013, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
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.), $44,000,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$7,007,926,000, to remain available until expended, of which
$24,000,000 shall be transferred to the Department of Homeland Security
Office of Inspector General for audits and investigations related to
disasters: Provided, 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:
(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:
Provided further, That of the amount provided under this heading,
$6,400,000,000 is for major disasters declared pursuant to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.): Provided further, That the amount in the preceding
proviso is designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101) and under sections 100215, 100216, 100226, 100230, and 100246 of
the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-
141, 126 Stat. 917), $95,329,000, and such additional sums as may be
provided by State and local governments or other political subdivisions
for cost-shared mapping activities under section 1360(f)(2) of such Act
(42 U.S.C. 4101(f)(2)), to remain available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), and the Biggert-Waters Flood Insurance Reform Act
of 2012 (Public Law 112-141, 126 Stat. 917), $171,000,000, which shall
be derived from offsetting amounts collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which
not to exceed $22,000,000 shall be available for salaries and expenses
associated with flood mitigation and flood insurance operations; and
not less than $149,000,000 shall be available for flood plain
management and flood mapping, to remain available until September 30,
2014: Provided, That any additional fees collected pursuant to section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d))
shall be credited as an offsetting collection to this account, to be
available for flood plain management and flood mapping: Provided
further, That in fiscal year 2013, no funds shall be available from the
National Flood Insurance Fund under section 1310 of that Act (42 U.S.C.
4017) in excess of:
(1) $132,000,000 for operating expenses;
(2) $1,056,602,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $120,000,000, which shall remain available until
expended, for flood mitigation actions under section 1366 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104c):
Provided further, That the amounts collected under section 102
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)
and section 1366(e) of the National Flood Insurance Act of 1968
shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section
1366 of the National Flood Insurance Act of 1968,
notwithstanding subsection (f)(8) of such section 102 (42
U.S.C. 4012a(f)(8)) and subsection 1366(e) and paragraphs (2)
and (3) of section 1367(b) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4104c(e), 4104d(b)(2)-(3)): Provided
further, That total administrative costs shall not exceed 4
percent of the total appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $25,000,000, to remain available until expended.
emergency food and shelter
To carry out the emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $120,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total amount made available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$111,924,000 for the E-Verify Program, as described in section 403(a)
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), to assist United States employers with
maintaining a legal workforce: Provided, That notwithstanding any
other provision of law, funds otherwise made available to United States
Citizenship and Immigration Services may be used to acquire, operate,
equip, and dispose of up to 5 vehicles, for replacement only, for areas
where the Administrator of General Services does not provide vehicles
for lease: Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees who are
assigned to those areas to use such vehicles to travel between the
employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $228,467,000; of which up to $44,758,000 shall
remain available until September 30, 2014, for materials and support
costs of Federal law enforcement basic training; of which $300,000
shall remain available until expended to be distributed to Federal law
enforcement agencies for expenses incurred participating in training
accreditation; and of which not to exceed $9,180 shall be for official
reception and representation expenses: Provided, That the Center is
authorized to obligate funds in anticipation of reimbursements from
agencies receiving training sponsored by the Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note), as amended by Public Law 112-74, is further amended by striking
``December 31, 2014'' and inserting ``December 31, 2015'': Provided
further, That the Director of the Federal Law Enforcement Training
Center shall schedule basic or advanced law enforcement training, or
both, at all four training facilities under the control of the Federal
Law Enforcement Training Center to ensure that such training facilities
are operated at the highest capacity throughout the fiscal year:
Provided further, That the Federal Law Enforcement Training
Accreditation Board, including representatives from the Federal law
enforcement community and non-Federal accreditation experts involved in
law enforcement training, shall lead the Federal law enforcement
training accreditation process to continue the implementation of
measuring and assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $28,385,000, to remain available until September 30,
2017: Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $132,000,000: Provided,
That not to exceed $7,650 shall be for official reception and
representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and evaluation,
acquisition, and operations as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease
of not to exceed 5 vehicles, $703,471,000; of which $538,539,000 shall
remain available until September 30, 2015; and of which $164,932,000
shall remain available until September 30, 2017, solely for operation
and construction of laboratory facilities.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office,
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.), for management and administration of programs and
activities, $39,650,000: Provided, That not to exceed $2,250 shall be
for official reception and representation expenses: Provided further,
That not later than 60 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
strategic plan of investments necessary to implement the Department of
Homeland Security's responsibilities under the domestic component of
the global nuclear detection architecture that shall:
(1) define the role and responsibilities of each
Departmental component in support of the domestic detection
architecture, including any existing or planned programs to
pre-screen cargo or conveyances overseas;
(2) identify and describe the specific investments being
made by each Departmental component in fiscal year 2013 and
planned for fiscal year 2014 to support the domestic
architecture and the security of sea, land, and air pathways
into the United States;
(3) describe the investments necessary to close known
vulnerabilities and gaps, including associated costs and
timeframes, and estimates of feasibility and cost
effectiveness; and
(4) explain how the Department's research and development
funding is furthering the implementation of the domestic
nuclear detection architecture, including specific investments
planned for each of fiscal years 2013 and 2014.
research, development, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $226,830,000, to
remain available until September 30, 2014.
systems acquisition
For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $51,455,000, to remain available
until September 30, 2015.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2013, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that:
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity
by either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or
(5) contracts out any function or activity for which
funding levels were requested for Federal full-time equivalents
in the object classification tables contained in the fiscal
year 2013 Budget Appendix for the Department of Homeland
Security, as modified by the joint explanatory statement
accompanying this Act, unless the Committees on Appropriations
of the Senate and the House of Representatives are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2013, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or
proceeds available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of $5,000,000 or
10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity;
(3) reduces by 10 percent the numbers of personnel approved
by the Congress; or
(4) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(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
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; type of
contract; and the account and each program, project, and
activity 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. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided as of June 1, 2004, by
employees (including employees serving on a temporary or term basis) of
United States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.
Sec. 517. Any funds appropriated to Coast Guard ``Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until
expended for the Fast Response Cutter program.
Sec. 518. Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2012'' and inserting ``2013''.
Sec. 519. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 520. (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 3 fiscal years through means other than a full
and open competition: Provided further, That in selecting which
contracts to review, the Inspector General shall consider the cost and
complexity of the goods and services to be provided under the contract,
the criticality of the contract to fulfilling Department missions, past
performance problems on similar contracts or by the selected vendor,
complaints received about the award process or contractor performance,
and such other factors as the Inspector General deems relevant:
Provided further, That the Inspector General shall report the results
of the reviews to the Committees on Appropriations of the Senate and
the House of Representatives no later than February 4, 2015, and every
3 years thereafter.
Sec. 521. 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. 522. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452).
Sec. 523. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 524. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the granting of the benefit have been
received by United States Citizenship and Immigration Services, and the
results do not preclude the granting of the benefit.
Sec. 525. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2012,'' and inserting ``Until September 30, 2013,'';
(2) in subsection (c)(1), by striking ``September 30,
2012,'' and inserting ``September 30, 2013,''.
Sec. 526. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).
Sec. 527. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b) for the transportation of crude oil distributed from the
Strategic Petroleum Reserve until the Secretary of Homeland Security,
after consultation with the Secretaries of the Departments of Energy
and Transportation and representatives from the United States flag
maritime industry, takes adequate measures to ensure the use of United
States flag vessels: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 2 business days of any request
for waivers of navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b).
Sec. 528. None of the funds made available to the Office of the
Secretary and Executive Management under this Act may be expended for
any new hires by the Department of Homeland Security that are not
verified through the E-Verify Program as described in section 403(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note).
Sec. 529. None of the funds in this Act shall be used to reduce
the United States Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 530. 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. 531. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 532. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9703.1(g)(4)(B) of
title 31, United States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve
the proposed transfers.
Sec. 533. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 534. 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. 535. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date on
which the President determines whether to declare a major disaster
because of an event and any appeal is completed, the Administrator
shall publish on the Web site of the Federal Emergency Management
Agency a report regarding that decision that shall summarize damage
assessment information used to determine whether to declare a major
disaster.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 536. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 537. Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note), as
amended by section 550 of the Department of Homeland Security
Appropriations Act, 2010 (Public Law 111-83), is further amended by
striking ``on October 4, 2012'' and inserting ``on October 4, 2013''.
Sec. 538. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 539. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301.10-124 of title 41,
Code of Federal Regulations.
Sec. 540. None of the funds made available in this or any other
Act for fiscal year 2013 and thereafter may be used to propose or
effect a disciplinary or adverse action, with respect to any Department
of Homeland Security employee who engages regularly with the public in
the performance of his or her official duties solely because that
employee elects to utilize protective equipment or measures, including
but not limited to surgical masks, N95 respirators, gloves, or hand-
sanitizers, where use of such equipment or measures is in accord with
Department of Homeland Security policy, and Centers for Disease Control
and Prevention and Office of Personnel Management guidance.
Sec. 541. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 542. (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. 543. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 544. (a) Not later than 180 days after the date of enactment
of this Act, the Administrator of the Transportation Security
Administration shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, a report that either--
(1) 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 180 days thereafter until the Administrator
certifies that the Transportation Security Administration has achieved
screening of 100 percent of such air cargo.
Sec. 545. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such processes
take into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 546. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, $7,500,000 shall be allocated by United States Citizenship
and Immigration Services in fiscal year 2013 for the purpose of
providing an immigrant integration grants program.
(b) For an additional amount for ``United States Citizenship and
Immigration Services'' for the purpose of providing immigrant
integration grants, $2,500,000.
(c) None of the funds made available to United States Citizenship
and Immigration Services for grants for immigrant integration may be
used to provide services to aliens who have not been lawfully admitted
for permanent residence.
Sec. 547. For an additional amount for necessary expenses for
reimbursement of the actual costs to State and local governments for
providing emergency management, public safety, and security at events,
as determined by the Administrator of the Federal Emergency Management
Agency, related to the presence of a National Special Security Event,
$5,000,000, to remain available until September 30, 2014.
Sec. 548. Notwithstanding the 10 percent limitation contained in
section 503(c) of this Act, the Secretary of Homeland Security may
transfer to the fund established by 8 U.S.C. 1101 note, up to
$20,000,000 from appropriations available to the Department of Homeland
Security: Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 5 days in
advance of such transfer.
Sec. 549. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 550. (a) For an additional amount for data center migration,
$55,000,000.
(b) Funds made available in subsection (a) for data center
migration may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section
503 of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 551. 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. 552. For an additional amount for the ``Office of the Under
Secretary for Management'', $29,000,000, to remain available until
expended, for necessary expenses to plan, acquire, design, construct,
renovate, remediate, equip, furnish, improve infrastructure, and occupy
buildings and facilities for the department headquarters consolidation
project and associated mission support consolidation: Provided, That
the Committees on Appropriations of the Senate and the House of
Representatives shall receive an expenditure plan not later than 90
days after the date of enactment of this Act detailing the allocation
of these funds.
Sec. 553. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a).
Sec. 554. None of the funds made available under this Act or any
prior appropriations Act may be provided to the Association of
Community Organizations for Reform Now (ACORN), or any of its
affiliates, subsidiaries, or allied organizations.
Sec. 555. The Commissioner of U.S. Customs and Border Protection
and the Assistant Secretary of Homeland Security for U.S. Immigration
and Customs Enforcement shall, with respect to fiscal years 2013, 2014,
2015, and 2016, submit to the Committees on Appropriations of the
Senate and the House of Representatives, at the time that the
President's budget proposal for fiscal year 2014 is submitted pursuant
to the requirements of section 1105(a) of title 31, United States Code,
the information required in the multi-year investment and management
plans required, respectively, under the headings U.S. Customs and
Border Protection, ``Salaries and Expenses'' under title II of division
D of the Consolidated Appropriations Act, 2012 (Public Law 112-74), and
U.S. Customs and Border Protection, ``Border Security Fencing,
Infrastructure, and Technology'' under such title, and section 568 of
such Act.
Sec. 556. The Secretary of Homeland Security shall ensure
enforcement of immigration laws (as defined in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
Sec. 557. (a) Notwithstanding Office of Management and Budget
Circular A-11, funds made available in fiscal year 2013, or any fiscal
year thereafter, under Department of Homeland Security, Coast Guard,
``Acquisition, Construction, and Improvements'' for--
(1) long lead time materials, components, and designs of a
vessel of the Coast Guard shall be immediately available and
allotted to make a contract award notwithstanding the
availability of funds for production, outfitting, post-delivery
activities, and spare or repair parts; and
(2) production of a vessel of the Coast Guard shall be
immediately available and allotted to make a contract award
notwithstanding the availability of funds for outfitting, post-
delivery activities, and spare or repair parts.
(b) The Secretary of Homeland Security shall develop fiscal policy
that prescribes Coast Guard budgetary policies, procedures and
technical direction necessary to comply with subsection (a) of this
section and consistent with the Department of Defense Financial
Management Regulation (Volume 2A, Chapter 1 C. Procedures for Full
Funding) to include the costs associated with outfitting and post-
delivery activities; spare and repair parts; and long lead time
materials. The requirement set forth in this section shall not preclude
the immediate availability or allotment of funds for fiscal year 2013,
pursuant to subsection (a).
(c) In this section--
(1) the term ``long lead time items'' means components,
parts, material, or effort which must be procured in advance of
the production award in order to maintain the production
schedule;
(2) the term ``outfitting'' means procurement or
installation of onboard repair parts, other secondary items,
equipage, and recreation items; precommissioning crew support;
general use consumables furnished to the shipbuilder; the
fitting out activity to fill a vessel's initial allowances; and
contractor-furnished spares; and
(3) the term ``post-delivery activities'' means design,
planning, Government-furnished material, and related labor for
non-production and non-long lead time items contract activities
and other work, including certifications, full operational
capability activities and other equipment installation; spares,
logistics, technical analysis, and support; correction of
Government-responsible defects and deficiencies identified
during builders trials, acceptance trials, and testing during
the post-delivery period; costs of all work required to correct
defects or deficiencies identified during the post-delivery
period; and costs of all work required to correct trial card
deficiencies on a vessel of a particular class, as well as on
subsequent vessels of that class (whether or not delivered)
until the corrective action for that cutter class is completed.
Sec. 558. (a) Of the amounts made available by this Act for
National Protection and Programs Directorate, ``Infrastructure
Protection and Information Security'', $202,000,000 for the ``Federal
Network Security'' program, project, and activity shall be used to
deploy on Federal systems technology to improve the information
security of agency information systems covered by section 3543(a) of
title 44, United States Code: Provided, That funds made available
under this section shall be used to assist and support Government-wide
and agency-specific efforts to provide adequate, risk-based, and cost-
effective cybersecurity to address escalating and rapidly evolving
threats to information security, including the acquisition and
operation of a continuous monitoring and diagnostics program, in
collaboration with departments and agencies, that includes equipment,
software, and Department of Homeland Security supplied services:
Provided further, That not later than April 1, 2013, and quarterly
thereafter, the Under Secretary of Homeland Security of the National
Protection and Programs Directorate shall submit to the Committees on
Appropriations of the Senate and House of Representatives a report on
the obligation and expenditure of funds made available under this
section: Provided further, That continuous monitoring and diagnostics
software procured by the funds made available by this section shall not
transmit to the Department of Homeland Security any personally
identifiable information or content of network communications of other
agencies' users: Provided further, That such software shall be
installed, maintained, and operated in accordance with all applicable
privacy laws and agency-specific policies regarding network content.
(b) Funds made available under this section may not be used to
supplant funds provided for any such system within an agency budget.
(c) Not later than July 1, 2013, the heads of all Federal agencies
shall submit to the Committees on Appropriations of the Senate and
House of Representatives expenditure plans for necessary cybersecurity
improvements to address known vulnerabilities to information systems
described in subsection (a).
(d) Not later than October 1, 2013, and quarterly thereafter, the
head of each Federal agency shall submit to the Director of the Office
of Management and Budget a report on the execution of the expenditure
plan for that agency required by subsection (c): Provided, That the
Director of the Office of Management and Budget shall summarize such
execution reports and annually submit such summaries to Congress in
conjunction with the annual progress report on implementation of the E-
Government Act of 2002 (Public Law 107-347), as required by section
3606 of title 44, United States Code.
(e) This section shall not apply to the legislative and judicial
branches of the Federal Government and shall apply to all Federal
agencies within the executive branch except for the Department of
Defense, the Central Intelligence Agency, and the Office of the
Director of National Intelligence.
Sec. 559. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 560. (a) Notwithstanding sections 58c(e) and 1451 of title 19,
United States Code, upon the request of any persons, the Commissioner
of U.S. Customs and Border Protection may enter into reimbursable fee
agreements for a period of up to 5 years with such persons for the
provision of U.S. Customs and Border Protection services and any other
costs incurred by U.S. Customs and Border Protection relating to such
services. Such requests may include additional U.S. Customs and Border
Protection services at existing U.S. Customs and Border Protection-
serviced facilities (including but not limited to payment for
overtime), the provision of U.S. Customs and Border Protection services
at new facilities, and expanded U.S. Customs and Border Protection
services at land border facilities.
(1) By December 31, 2013, the Commissioner may enter into
not more than 5 agreements under this section.
(2) The Commissioner shall not enter into such an agreement
if it would unduly and permanently impact services funded in
this or any other appropriations Acts, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees.
(b) Funds collected pursuant to any agreement entered into under
this section shall be deposited in a newly established account as
offsetting collections and remain available until expended, without
fiscal year limitation, and shall directly reimburse each appropriation
for the amount paid out of that appropriation for any expenses incurred
by U.S. Customs and Border Protection in providing U.S. Customs and
Border Protection services and any other costs incurred by U.S. Customs
and Border Protection relating to such services.
(c) The amount of the fee to be charged pursuant to an agreement
authorized under subsection (a) of this section shall be paid by each
person requesting U.S. Customs and Border Protection services and shall
include, but shall not be limited to, the salaries and expenses of
individuals employed by U.S. Customs and Border Protection to provide
such U.S. Customs and Border Protection services and other costs
incurred by U.S. Customs and Border Protection relating to those
services, such as temporary placement or permanent relocation of those
individuals.
(d) U.S. Customs and Border Protection shall terminate the
provision of services pursuant to an agreement entered into under
subsection (a) with a person that, after receiving notice from the
Commissioner that a fee imposed under subsection (a) is due, fails to
pay the fee in a timely manner. In the event of such termination, all
costs incurred by U.S. Customs and Border Protection, which have not
been reimbursed, will become immediately due and payable. Interest on
unpaid fees will accrue based on current U.S. Treasury borrowing rates.
Additionally, any person who, after notice and demand for payment of
any fee charged under subsection (a) of this section, fails to pay such
fee in a timely manner shall be liable for a penalty or liquidated
damage equal to two times the amount of the fee. Any amount collected
pursuant to any agreement entered into under this subsection shall be
deposited into the account specified under subsection (b) of this
section and shall be available as described therein.
(e) Each facility at which such U.S. Customs and Border Protection
services are performed shall provide, maintain, and equip, without cost
to the Government, facilities in accordance with U.S. Customs and
Border Protection specifications.
(f) The authority found in this section may not be used to enter
into agreements to expand or begin to provide U.S. Customs and Border
Protection services outside of the United States.
(g) The authority found in this section may not be used at existing
U.S. Customs and Border Protection-serviced air facilities to enter
into agreements for costs other than payment of overtime.
(h) The Commissioner shall notify the appropriate Committees of
Congress 15 days prior to entering into any agreement under the
authority of this section and shall provide a copy of the agreement to
the appropriate Committees of Congress.
(i) For purposes of this section the terms:
(1) U.S. Customs and Border Protection ``services'' means
any activities of any employee or contractor of U.S. Customs
and Border Protection pertaining to customs and immigration
inspection-related matters.
(2) ``Person'' means any natural person or any corporation,
partnership, trust, association, or any other public or private
entity, or any officer, employee, or agent thereof.
(3) ``Appropriate Committees of Congress'' means the
Committees on Appropriations; Finance; Judiciary; and Homeland
Security and Governmental Affairs of the Senate and the
Committees on Appropriations; Judiciary; Ways and Means; and
Homeland Security of the House of Representatives.
Sec. 561. None of the funds made available under this Act may be
used by a Federal law enforcement officer to facilitate the transfer of
an operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 562. Twenty percent of each of the appropriations provided in
this Act for the ``Office of the Secretary and Executive Management'',
the ``Office of the Under Secretary for Management'', and the ``Office
of the Chief Financial Officer'' shall be withheld from obligation
until the reports and plans required in this Act to be submitted on or
before May 1, 2013, are received by the Committees on Appropriations of
the Senate and the House of Representatives.
Sec. 563. Notwithstanding any other provision of this Act or any
other provision of law, during the period beginning on October 1, 2013,
and ending on September 30, 2014, section 204(a)(1)(I) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)) is amended by
adding at the end the following:
``(iv) Each petition to compete for
consideration for a visa under section 1153(c)
of this title shall be accompanied by a fee
equal to $30. All amounts collected under this
clause shall be deposited into the Treasury as
miscellaneous receipts.'':
Provided, That the Department of State, in consultation with the
Department of Homeland Security, shall report to the Committees on
Appropriations of the Senate and the House of Representatives not later
than 90 days after the date of enactment of this Act on the steps being
taken to implement the recommendations of GAO-07-1174.
Sec. 564. The Administrator of the Federal Emergency Management
Agency shall cancel the liquidated balances of all remaining
uncancelled or partially cancelled loans disbursed under the Community
Disaster Loan Act of 2005 (Public Law 109-88) and the Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 2006 (Public Law 109-234), as amended by
section 4502 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law
110-28) to the extent that revenues of the local government during the
period following the major disaster are insufficient to meet the budget
of the local government, including additional disaster-related expenses
of a municipal character. In calculating a community's revenues while
determining cancellation, the Administrator shall exclude revenues for
special districts and any other revenues that are required by law to be
disbursed to other units of local government or used for specific
purposes more limited than the scope allowed by the General Fund. In
calculating a community's expenses, the Administrator shall include
disaster-related capital expenses for which the community has not been
reimbursed by Federal or insurance proceeds, debt service expenses, and
accrued but unpaid uncompensated absences (vacation and sick pay). In
calculating the operating deficit of the local government, the
Administrator shall also consider all interfund transfers. When
considering the period following the disaster, the Administrator may
consider a period of 3, 5, or 7 full fiscal years after the disaster,
beginning on the date of the declaration, in determining eligibility
for cancellation. The criteria for cancellation do not apply to those
loans already cancelled in full. Applicants shall submit supplemental
documentation in support of their applications for cancellation on or
before April 30, 2014, and the Administrator shall issue determinations
and resolve any appeals on or before April 30, 2015. Loans not
cancelled in full shall be repaid not later than September 30, 2035.
The Administrator may use funds provided under Public Law 109-88 to
reimburse those communities that have repaid all or a portion of loans,
including interest, provided as Special Community Disaster Loans under
Public Law 109-88 or Public Law 109-234, as amended by section 4502 of
Public Law 110-28. Further, the Administrator may use funds provided
under Public Law 109-88 for necessary expenses to carry out this
provision.
Sec. 565. The Inspector General shall review the applications for
public assistance provided through the Disaster Relief Fund with a
project cost that exceeds $10,000,000 and the resulting decisions
issued by the Federal Emergency Management Agency for category A debris
removal for DR-1786 upon receipt of a request from an applicant made no
earlier than 90 days after filing an appeal with the Federal Emergency
Management Agency without regard to whether the Administrator of the
Federal Emergency Management Agency has issued a final agency
determination on the application for assistance: Provided, That not
later than 180 days after the date of such request, the Inspector
General shall determine whether the Federal Emergency Management Agency
correctly applied its rules and regulations to determine eligibility of
the applicant's claim: Provided further, That if the Inspector General
finds that the Federal Emergency Management Agency determinations
related to eligibility and cost involved a misapplication of its rules
and regulations, the applicant may submit the dispute to the
arbitration process established under the authority granted under
section 601 of Public Law 111-5 not later than 15 days after the date
of issuance of the Inspector General's finding in the previous proviso:
Provided further, That if the Inspector General finds that the Federal
Emergency Management Agency provided unauthorized funding, that the
Federal Emergency Management Agency shall take corrective action.
Sec. 566. None of the funds provided in this or any other Act may
be obligated to implement the National Preparedness Grant Program or
any other successor grant programs unless explicitly authorized by
Congress.
Sec. 567. None of the funds made available by this Act may be used
to provide funding for the position of Public Advocate within U.S.
Immigration and Customs Enforcement.
Sec. 568. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 569. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security determines that such
attendance is in the national interest and notifies the Committees on
Appropriations of the Senate and the House of Representatives within at
least 10 days of that determination and the basis for that
determination: Provided, That for purposes of this section the term
``international conference'' shall mean a conference occurring outside
of the United States attended by representatives of the United States
Government and of foreign governments, international organizations, or
nongovernmental organizations.
(rescissions)
Sec. 570. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended:
(1) $1,800,000 from Public Law 112-74 under the heading
``Analysis and Operations'';
(2) $73,232,000 from funds made available in Public Law
112-10 and Public Law 112-74 under the heading U.S. Customs and
Border Protection, ``Border Security Fencing, Infrastructure,
and Technology'';
(3) $3,108,311 from unobligated prior year balances from
U.S. Immigration and Customs Enforcement, ``Construction'';
(4) $25,000,000 from Public Law 110-329 under the heading
Coast Guard ``Acquisition, Construction, and Improvements'';
(5) $43,000,000 from Public Law 111-83 under the heading
Coast Guard ``Acquisition, Construction, and Improvements'';
(6) $63,500,000 from Public Law 112-10 under the heading
Coast Guard ``Acquisition, Construction, and Improvements'';
(7) $23,000,000 from Public Law 112-74 under the heading
Coast Guard ``Acquisition, Construction, and Improvements'';
and
(8) $21,667,000 from Public Law 112-74 under the heading
Transportation Security Administration, ``Surface
Transportation Security''.
(rescission)
Sec. 571. Of the funds provided in Public Law 110-161, Public Law
110-329, and Public Law 111-83, under the heading ``National
Predisaster Mitigation Fund'' for congressionally directed spending
items, $12,000,000 are rescinded from projects for which no
applications were submitted or from projects which were completed for
an amount less than that appropriated.
(rescissions)
Sec. 572. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following funds are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $199,657 from ``Operations'';
(2) $445,328 from U.S. Customs and Border Protection
``Salaries and Expenses'';
(3) $63,045 from U.S. Customs and Border Protection
``Violent Crime Reduction Programs'';
(4) $86,597 from U.S. Immigration and Customs Enforcement
``Violent Crime Reduction Programs'';
(5) $1,739 from Coast Guard ``Acquisition, Construction,
and Improvements'';
(6) $1,329,239 from Federal Emergency Management Agency
``Office of Domestic Preparedness'';
(7) $3,262,677 from Federal Emergency Management Agency
``National Predisaster Mitigation Fund''; and
(8) $2,291,844 from Transportation Security Administration
``Administration''.
(rescissions)
Sec. 573. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2012 (Public Law
112-74; 125 Stat. 984) are rescinded:
(1) $314,674 from ``Office of the Secretary and Executive
Management'';
(2) $185,813 from ``Office of the Under Secretary for
Management'';
(3) $114,391 from ``Office of the Chief Financial
Officer'';
(4) $59,507 from ``Office of the Chief Information
Officer'';
(5) $568,188 from ``Analysis and Operations'';
(6) $45,525 from ``Office of Inspector General'';
(7) $568,480 from U.S. Customs and Border Protection
``Salaries and Expenses'';
(8) $3,581,483 from U.S. Immigration and Customs
Enforcement ``Salaries and Expenses'';
(9) $1,075,942 from Transportation Security Administration
``Federal Air Marshals'';
(10) $18,142,454 from Coast Guard ``Operating Expenses'';
(11) $991,520 from Coast Guard ``Reserve Training'';
(12) $1,033,599 from Coast Guard ``Acquisition,
Construction, and Improvements'';
(13) $2,371,377 from United States Secret Service
``Salaries and Expenses'';
(14) $82,084 from National Protection and Programs
Directorate ``Management and Administration'';
(15) $1,683,470 from National Protection and Programs
Directorate ``Infrastructure Protection and Information
Security'';
(16) $184,583 from National Protection and Programs
Directorate ``United States Visitor and Immigrant Status
Indicator Technology'';
(17) $259,874 from Federal Emergency Management Agency
``Salaries and Expenses'';
(18) $206,722 from Federal Emergency Management Agency
``State and Local Programs'';
(19) $450,017 from Office of Health Affairs;
(20) $205,799 from United States Citizenship and
Immigration Services;
(21) $512,660 from Federal Law Enforcement Training Center
``Salaries and Expenses'';
(22) $244,553 from Science and Technology ``Management and
Administration''; and
(23) $128,565 from Domestic Nuclear Detection Office
``Management and Administration''.
Sec. 574. Fourteen days after the Secretary of Homeland Security
submits a report required under this division to the Committees on
Appropriations of the Senate and the House of Representatives, the
Secretary shall submit a copy of that report to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2013''.
DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2013, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,684,323,000, to remain
available until September 30, 2017: Provided, That of this amount, not
to exceed $80,173,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of Army determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,549,164,000, to remain available until September 30,
2017: Provided, That of this amount, not to exceed $102,619,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Navy determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $322,543,000, to remain available until September 30, 2017:
Provided, That of this amount, not to exceed $18,635,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Air Force
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$3,582,423,000, to remain available until September 30, 2017:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided further, That
of the amount appropriated, not to exceed $315,562,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the amount appropriated, notwithstanding any other
provision of law, $26,969,000 shall be available for payments to the
North Atlantic Treaty Organization for the planning, design, and
construction of a new North Atlantic Treaty Organization headquarters.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $613,799,000, to remain available until September
30, 2017: Provided, That of the amount appropriated, not to exceed
$26,622,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $42,386,000, to remain available until September
30, 2017: Provided, That of the amount appropriated, not to exceed
$4,000,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $305,846,000, to
remain available until September 30, 2017: Provided, That of the
amount appropriated, not to exceed $15,951,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Army Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $49,532,000, to remain available until September
30, 2017: Provided, That of the amount appropriated, not to exceed
$2,118,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $10,979,000, to
remain available until September 30, 2017: Provided, That of the
amount appropriated, not to exceed $2,879,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Air Force Reserve determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $254,163,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $4,641,000, to remain available until
September 30, 2017.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $530,051,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $102,182,000, to
remain available until September 30, 2017.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $378,230,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $83,824,000, to remain available
until September 30, 2017.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $497,829,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $52,238,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$1,786,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, as currently authorized by law,
$151,000,000, to remain available until September 30, 2017, which shall
be only for the Assembled Chemical Weapons Alternatives program.
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure Account
1990, established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $409,396,000, to remain
available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account
2005, established by section 2906A(a)(1) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note), $126,697,000, to
remain available until expended: Provided, That the Department of
Defense shall notify the Committees on Appropriations of both Houses of
Congress 14 days prior to obligating an amount for a construction
project that exceeds or reduces the amount identified for that project
in the most recently submitted budget request for this account by 20
percent or $2,000,000, whichever is less: Provided further, That the
previous proviso shall not apply to projects costing less than
$5,000,000, except for those projects not previously identified in any
budget submission for this account and exceeding the minor construction
threshold under section 2805 of title 10, United States Code.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Sea, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Sea, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided,
That this section shall not be applicable to contract awards for which
the lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. Not more than 20 percent of the funds made available in
this title which are limited for obligation during the current fiscal
year shall be obligated during the last 2 months of the fiscal year.
Sec. 116. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
to be merged with, and to be available for the same purposes and the
same time period as that account.
(including transfer of funds)
Sec. 119. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 120. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the accounts
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged
with and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 121. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 122. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
Sec. 123. None of the funds made available in this title, or in
any Act making appropriations for military construction which remain
available for obligation, may be obligated or expended to carry out a
military construction, land acquisition, or family housing project at
or for a military installation approved for closure, or at a military
installation for the purposes of supporting a function that has been
approved for realignment to another installation, in 2005 under the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a
military installation approved for realignment will support a
continuing mission or function at that installation or a new mission or
function that is planned for that installation, or unless the Secretary
of Defense certifies that the cost to the United States of carrying out
such project would be less than the cost to the United States of
cancelling such project, or if the project is at an active component
base that shall be established as an enclave or in the case of projects
having multi-agency use, that another Government agency has indicated
it will assume ownership of the completed project. The Secretary of
Defense may not transfer funds made available as a result of this
limitation from any military construction project, land acquisition, or
family housing project to another account or use such funds for another
purpose or project without the prior approval of the Committees on
Appropriations of both Houses of Congress. This section shall not apply
to military construction projects, land acquisition, or family housing
projects for which the project is vital to the national security or the
protection of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional defense
committees within seven days of a decision to carry out such a military
construction project.
(including transfer of funds)
Sec. 124. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
Sec. 125. None of the funds made available by this Act may be used
by the Secretary of Defense to take beneficial occupancy of more than
2,500 parking spaces (other than handicap-reserved spaces) to be
provided by the BRAC 133 project: Provided, That this limitation may
be waived in part if: (1) the Secretary of Defense certifies to
Congress that levels of service at existing intersections in the
vicinity of the project have not experienced failing levels of service
as defined by the Transportation Research Board Highway Capacity Manual
over a consecutive 90-day period; (2) the Department of Defense and the
Virginia Department of Transportation agree on the number of additional
parking spaces that may be made available to employees of the facility
subject to continued 90-day traffic monitoring; and (3) the Secretary
of Defense notifies the congressional defense committees in writing at
least 14 days prior to exercising this waiver of the number of
additional parking spaces to be made available.
Sec. 126. None of the funds made available by this Act may be used
for any action that relates to or promotes the expansion of the
boundaries or size of the Pinon Canyon Maneuver Site, Colorado.
Sec. 127. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 128. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used by the Secretary of the
Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10 percent
of the total number of members of the regular and reserve
components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the Secretary of
the Army certifies to the congressional defense committees that in
proposing the relocation of the unit of the Army, the Secretary
complied with Army Regulation 5-10 relating to the policy, procedures,
and responsibilities for Army stationing actions.
Sec. 129. Notwithstanding any other provision of law, none of the
funds made available to the Department of Defense for military
construction in this or any other Act, may be obligated or expended for
planning and design and construction of projects at Arlington National
Cemetery.
(including rescission of funds)
Sec. 130. Of the unobligated balances available for ``Military
Construction, Defense-Wide'', from prior appropriations Acts,
$20,000,000 are hereby cancelled: Provided, That no amounts may be
cancelled from amounts that were designated by Congress as an emergency
requirement or for Overseas Contingency Operations/Global War on
Terrorism pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
(including rescission of funds)
Sec. 131. Of the unobligated balances available for ``Department
of Defense Base Closure Account 2005'', from prior appropriations Acts,
$132,513,000 are hereby cancelled: Provided, That no amounts may be
cancelled from amounts that were designated by Congress as an emergency
requirement or for Overseas Contingency Operations/Global War on
Terrorism pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
(including transfer of funds)
Sec. 132. Of the proceeds credited to the Department of Defense
Family Housing Improvement Fund pursuant to subsection (c)(1)(C) of
section 2883 of title 10, United States Code, from a Department of Navy
land conveyance, the Secretary of Defense shall transfer $10,500,000 to
the Secretary of the Navy under paragraph (3) of subsection (d) of such
section for use by the Secretary of the Navy as provided in paragraph
(1) of such subsection until expended.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$60,599,855,000, to remain available until expended: Provided, That
not to exceed $9,204,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses, Veterans Benefits
Administration'', ``Medical support and compliance'', and ``Information
technology systems'' for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United States Code,
the funding source for which is specifically provided as the
``Compensation and pensions'' appropriation: Provided further, That
such sums as may be earned on an actual qualifying patient basis, shall
be reimbursed to ``Medical care collections fund'' to augment the
funding of individual medical facilities for nursing home care provided
to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, and for
the payment of benefits under the Veterans Retraining Assistance
Program, $12,023,458,000, to remain available until expended:
Provided, That expenses for rehabilitation program services and
assistance which the Secretary is authorized to provide under
subsection (a) of section 3104 of title 38, United States Code, other
than under paragraphs (1), (2), (5), and (11) of that subsection, shall
be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $104,600,000, to remain available until
expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That during fiscal year 2013, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $157,814,000.
vocational rehabilitation loans program account
For the cost of direct loans, $19,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds
made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,729,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $346,000, which may be paid to the appropriation
for ``General operating expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,089,000.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, aid to State homes as authorized by
section 1741 of title 38, United States Code, assistance and support
services for caregivers as authorized by section 1720G of title 38,
United States Code, loan repayments authorized by section 604 of the
Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital care and
medical services authorized by section 1787 of title 38, United States
Code; $155,000,000, which shall be in addition to funds previously
appropriated under this heading that become available on October 1,
2012; and in addition, $43,557,000,000, plus reimbursements, shall
become available on October 1, 2013, and shall remain available until
September 30, 2014: Provided, That notwithstanding any other provision
of law, the Secretary of Veterans Affairs shall establish a priority
for the provision of medical treatment for veterans who have service-
connected disabilities, lower income, or have special needs: Provided
further, That notwithstanding any other provision of law, the Secretary
of Veterans Affairs shall give priority funding for the provision of
basic medical benefits to veterans in enrollment priority groups 1
through 6: Provided further, That notwithstanding any other provision
of law, the Secretary of Veterans Affairs may authorize the dispensing
of prescription drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based on
requirements established by the Secretary: Provided further, That the
implementation of the program described in the previous proviso shall
incur no additional cost to the Department of Veterans Affairs.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
$6,033,000,000, plus reimbursements, shall become available on October
1, 2013, and shall remain available until September 30, 2014.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services, $4,872,000,000, plus
reimbursements, shall become available on October 1, 2013, and shall
remain available until September 30, 2014.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $582,674,000, plus reimbursements, shall
remain available until September 30, 2014.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $258,284,000, of which not to exceed
$25,828,000 shall remain available until September 30, 2014: Provided,
That none of the funds under this heading may be used to expand the
Urban Initiative project beyond those sites outlined in the fiscal year
2012 or previous budget submissions or any other rural strategy, other
than the Rural Initiative included in the fiscal year 2013 budget
submission, until the Secretary of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a strategy to
serve the burial needs of veterans residing in rural and highly rural
areas and that strategy has been approved by the Committees: Provided
further, That the strategy shall include: (1) A review of previous
policies of the National Cemetery Administration regarding
establishment of new national cemeteries, including whether the
guidelines of the Administration for establishing national cemetery
annexes remain valid; (2) Data identifying the number of and geographic
areas where rural veterans are not currently served by national or
existing State cemeteries and identification of areas with the largest
unserved populations, broken down by veterans residing in urban versus
rural and highly rural; (3) Identification of the number of veterans
who reside within the 75-mile radius of a cemetery that is limited to
cremations or of a State cemetery which has residency restrictions, as
well as an examination of how many communities that fall under a 75-
mile radius have an actual driving distance greater than 75 miles; (4)
Reassessment of the gaps in service, factoring in the above conditions
that limit rural and highly rural veteran burial options; (5) An
assessment of the adequacy of the policy of the Administration on
establishing new cemeteries proposed in the fiscal year 2013 budget
request; (6) Recommendations for an appropriate policy on new national
cemeteries to serve rural or highly rural areas; (7) Development of a
national map showing the locations and number of all unserved veterans;
and (8) A time line for the implementation of such strategy and cost
estimates for using the strategy to establish new burial sites in at
least five rural or highly rural locations: Provided further, That the
Comptroller General of the United States shall review the strategy to
ensure that it includes the elements listed above: Provided further,
That this strategy shall be submitted no later than 180 days after the
date of enactment of this Act: Provided further, That the Secretary of
Veterans Affairs shall issue guidelines on committal services held at
cemeteries under the jurisdiction of the National Cemetery
Administration to ensure that: (1) veterans' families may arrange to
hold committal services with any religious or secular content they
desire; (2) the choice by a family of an honor guard and the content
and presentation of military honors may not be interfered with; and (3)
attendance at committal services by outside organizations dedicated to
the support of veterans will not be constrained except at the request
of family members: Provided further, That the Department shall not
edit, control, or exercise prior restraints on the content of religious
speech and expression by speakers at events at veterans national
cemeteries except as provided in section 2413 of title 38, United
States Code: Provided further, That actions permitted by the foregoing
provisos shall be subject to compliance with Department security,
safety, and law enforcement regulations.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-Wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $424,737,000, of which not to exceed
$20,837,000 shall remain available until September 30, 2014: Provided,
That the Board of Veterans Appeals shall be funded at not less than
$86,006,000: Provided further, That of the funds made available under
this heading, such sums as may be necessary shall be available to the
Secretary of Veterans Affairs to comply with the Department's energy
management requirements under section 543(f)(7) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(f)(7)): Provided further, That
funds provided under this heading may be transferred to ``General
operating expenses, Veterans Benefits Administration''.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $2,164,074,000:
Provided, That expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That of the funds
made available under this heading, not to exceed $113,000,000 shall
remain available until September 30, 2014.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$3,327,444,000, plus reimbursements: Provided, That $1,021,000,000
shall be for pay and associated costs, of which not to exceed
$30,630,000 shall remain available until September 30, 2014: Provided
further, That $1,812,045,000 shall be for operations and maintenance,
of which not to exceed $126,000,000 shall remain available until
September 30, 2014: Provided further, That $494,399,000 shall be for
information technology systems development, modernization, and
enhancement, and shall remain available until September 30, 2014:
Provided further, That amounts made available for information
technology systems development, modernization, and enhancement may not
be obligated or expended until the Secretary of Veterans Affairs or the
Chief Information Officer of the Department of Veterans Affairs submits
to the Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be obligated and
expended for each development project: Provided further, That amounts
made available for salaries and expenses, operations and maintenance,
and information technology systems development, modernization, and
enhancement may be transferred among the three sub-accounts after the
Secretary of Veterans Affairs requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That amounts
made available for the ``Information technology systems'' account for
development, modernization, and enhancement may be transferred between
projects or to newly defined projects: Provided further, That no
project may be increased or decreased by more than $1,000,000 of cost
prior to submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval is issued,
or absent a response, a period of 30 days has elapsed: Provided
further, That of the funds provided for information technology systems
development, modernization, and enhancement for the development of a
joint Department of Defense--Department of Veterans Affairs (DOD-VA)
integrated electronic health record (iEHR), not more than 25 percent
may be obligated until the DOD-VA Interagency Program Office submits to
the Committees on Appropriations of both Houses of Congress, and such
Committees approve, a plan for expenditure that: (1) defines the budget
and cost baseline for development of the integrated Electronic Health
Record; (2) identifies the deployment timeline for the system for both
Agencies; (3) breaks out annual and total spending for each Department;
(4) relays detailed cost-sharing business rules; (5) establishes data
standardization schedules between the Departments; (6) has been
submitted to the Government Accountability Office for review; and (7)
complies with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal Government:
Provided further, That the funds made available under this heading for
information technology systems development, modernization, and
enhancement, shall be for the projects, and in the amounts, specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $115,000,000, of which
$6,000,000 shall remain available until September 30, 2014.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $532,470,000, of which
$502,470,000 shall remain available until September 30, 2017, and of
which $30,000,000 shall remain available until expended: Provided,
That $5,000,000 shall be to make reimbursements as provided in section
7108 of title 41, United States Code, for claims paid for contract
disputes: Provided further, That except for advance planning
activities, including needs assessments which may or may not lead to
capital investments, and other capital asset management related
activities, including portfolio development and management activities,
and investment strategy studies funded through the advance planning
fund and the planning and design activities funded through the design
fund, including needs assessments which may or may not lead to capital
investments, and salaries and associated costs of the resident
engineers who oversee those capital investments funded through this
account, and funds provided for the purchase of land for the National
Cemetery Administration through the land acquisition line item, none of
the funds made available under this heading shall be used for any
project which has not been approved by the Congress in the budgetary
process: Provided further, That funds made available under this
heading for fiscal year 2013, for each approved project shall be
obligated: (1) by the awarding of a construction documents contract by
September 30, 2013; and (2) by the awarding of a construction contract
by September 30, 2014: Provided further, That the Secretary of
Veterans Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on any
approved major construction project for which obligations are not
incurred within the time limitations established above.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406, and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$607,530,000, to remain available until September 30, 2017, along with
unobligated balances of previous ``Construction, minor projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in
such section: Provided, That funds made available under this heading
shall be for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $85,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal governments in establishing,
expanding, or improving veterans cemeteries as authorized by section
2408 of title 38, United States Code, $46,000,000, to remain available
until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2013 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2013, in this Act or any other Act, under the
``Medical services'', ``Medical support and compliance'', and ``Medical
facilities'' accounts may be transferred among the accounts: Provided,
That any transfers between the ``Medical services'' and ``Medical
support and compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress of the
amount and purpose of the transfer: Provided further, That any
transfers between the ``Medical services'' and ``Medical support and
compliance'' accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued: Provided further, That any transfers to or from the ``Medical
facilities'' account may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2012.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2013, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General operating expenses, Veterans
Benefits Administration'' and ``Information technology systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2013 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2013 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication
under section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not to exceed
$42,904,000 for the Office of Resolution Management and $3,360,000 for
the Office of Employment and Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That amounts
received shall be credited to the ``General administration'' and
``Information technology systems'' accounts for use by the office that
provided the service.
Sec. 211. No appropriations in this title shall be available to
enter into any new lease of real property if the estimated annual
rental cost is more than $1,000,000, unless the Secretary submits a
report which the Committees on Appropriations of both Houses of
Congress approve within 30 days following the date on which the report
is received.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, major projects''
and ``Construction, minor projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, major
projects'' and ``Construction, minor projects''.
Sec. 214. Amounts made available under ``Medical services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical services'', to remain available
until expended for the purposes of that account.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which are party
to the Alaska Native Health Compact with the Indian Health Service, and
Indian tribes and tribal organizations serving rural Alaska which have
entered into contracts with the Indian Health Service under the Indian
Self Determination and Educational Assistance Act, to provide
healthcare, including behavioral health and dental care. The Secretary
shall require participating veterans and facilities to comply with all
appropriate rules and regulations, as established by the Secretary. The
term ``rural Alaska'' shall mean those lands sited within the external
boundaries of the Alaska Native regions specified in sections 7(a)(1)-
(4) and (7)-(12) of the Alaska Native Claims Settlement Act, as amended
(43 U.S.C. 1606), and those lands within the Alaska Native regions
specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1606), which are not within the
boundaries of the municipality of Anchorage, the Fairbanks North Star
Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, major
projects'' and ``Construction, minor projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. None of the funds made available in this title may be
used to implement any policy prohibiting the Directors of the Veterans
Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 219. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the financial status of the Veterans Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical services'',
``Medical support and compliance'', ``Medical facilities'', ``General
operating expenses, Veterans Benefits Administration'', ``General
administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2013, may be transferred to or from the ``Information
technology systems'' account: Provided, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and an approval is issued.
Sec. 221. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 222. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2013, in this Act or any other Act,
under the ``Medical facilities'' account for nonrecurring maintenance,
not more than 20 percent of the funds made available shall be obligated
during the last 2 months of that fiscal year: Provided, That the
Secretary may waive this requirement after providing written notice to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 223. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2013 for ``Medical services'',
``Medical support and compliance'', ``Medical facilities'',
``Construction, minor projects'', and ``Information technology
systems'', up to $247,356,000, plus reimbursements, may be transferred
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571) and may be used for operation of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated in this
section to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 224. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 225. Of the amounts available in this title for ``Medical
services'', ``Medical support and compliance'', and ``Medical
facilities'', a minimum of $15,000,000, shall be transferred to the
DOD-VA Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available until
expended, for any purpose authorized by section 8111 of title 38,
United States Code.
(including rescissions of funds)
Sec. 226. (a) Of the funds appropriated in title II of division H
of Public Law 112-74, the following amounts which became available on
October 1, 2012, are hereby rescinded from the following accounts in
the amounts specified:
(1) ``Department of Veterans Affairs, Medical services'',
$1,500,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $200,000,000.
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act, an
additional amount is appropriated to the following accounts in the
amounts specified to remain available until September 30, 2014:
(1) ``Department of Veterans Affairs, Medical services'',
$1,500,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $200,000,000.
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
Sec. 227. The Secretary of the Department of Veterans Affairs
shall notify the Committees on Appropriations of both Houses of
Congress of all bid savings in major construction projects that total
at least $5,000,000, or 5 percent of the programmed amount of the
project, whichever is less: Provided, That such notification shall
occur within 14 days of a contract identifying the programmed amount:
Provided further, That the Secretary shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to the
obligation of such bid savings and shall describe the anticipated use
of such savings.
Sec. 228. The scope of work for a project included in
``Construction, major projects'' may not be increased above the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations.
Sec. 229. The Secretary of the Department of Veterans Affairs
shall provide on a quarterly basis to the Committees on Appropriations
of both Houses of Congress notification of any single national outreach
and awareness marketing campaign in which obligations exceed
$2,000,000.
Sec. 230. The Secretary shall submit to the Committees on
Appropriations of both Houses of Congress a reprogramming request if at
any point during fiscal year 2013, the funding allocated for a medical
care initiative identified in the fiscal year 2013 expenditure plan is
adjusted by more than $25,000,000 from the allocation shown in the
corresponding congressional budget justification. Such a reprogramming
request may go forward only if the Committees on Appropriations of both
Houses of Congress approve the request or if a period of 14 days has
elapsed.
Sec. 231. None of the funds made available in this Act may be used
to enter into a contract using procedures that do not give to small
business concerns owned and controlled by veterans (as that term is
defined in section 3(q)(3) of the Small Business Act (15 U.S.C.
632(q)(3)) that are included in the database under section 8127(f) of
title 38, United States Code, any preference available with respect to
such contract, except for a preference given to small business concerns
owned and controlled by service-disabled veterans (as defined in
section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).
Sec. 232. Funds made available under the heading ``Medical
services'' in title II of division H of Public Law 112-74 may be used
to carry out section 1787 of title 38, United States Code.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $62,929,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $32,481,000: Provided, That
$2,726,000 shall be available for the purpose of providing financial
assistance as described, and in accordance with the process and
reporting procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $1,000
for official reception and representation expenses, $65,800,000, of
which not to exceed $27,000,000 shall remain available until September
30, 2015. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and construction at
Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, $103,000,000, to remain available until September 30, 2017,
of which, $84,000,000 shall be for planning and design and construction
associated with the Millennium Project at Arlington National Cemetery;
and $19,000,000 shall be for study, planning, design, and architect and
engineer services for future expansion of burial space at Arlington
National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $67,590,000, of which $2,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi.
Administrative Provision
Sec. 301. Funds appropriated in this Act under the heading,
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be
provided to Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery, making
additional land available for ground burials.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
Department of Defense
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $150,768,000, to remain available until September 30,
2013: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Administrative Provision
(including rescission of funds)
Sec. 401. Of the unobligated balances in section 2005 in title X,
of Public Law 112-10 and division H in title IV of Public Law 112-74,
$150,768,000 are hereby rescinded: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution, or use of
any kit, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 504. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 505. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 506. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 507. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 508. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 509. (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. 510. None of the funds made available in this Act may be
distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries or successors.
Sec. 511. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 512. None of the funds appropriated or otherwise made
available in this Act may be used by an agency of the executive branch
to pay for first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 513. None of the funds provided in this Act may be used to
execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 514. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that was convicted of a felony criminal violation
under any Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency has
considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 515. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that has any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the
unpaid tax liability, unless the agency has considered suspension or
debarment of the corporation and made a determination that this further
action is not necessary to protect the interests of the Government.
Sec. 516. Such sums as may be necessary for fiscal year 2013 for
pay raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 517. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency that are stationed within the
United States at any single conference occurring outside a state of the
United States, except for employees of the Department of Veterans
Affairs stationed in the Philippines, unless the relevant Secretary
reports to the Committees on Appropriations of both Houses of Congress
at least 5 days in advance that such attendance is important to the
national interest.
This division may be cited as the ``Military Construction and
Veterans Affairs, and Related Agencies Appropriations Act, 2013''.
DIVISION F--FURTHER CONTINUING APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the several
departments, agencies, corporations, and other organizational units of
Government for fiscal year 2013, and for other purposes, namely:
TITLE I
GENERAL PROVISIONS
Sec. 1101. (a) Such amounts as may be necessary, at the level
specified in subsection (c) and under the authority and conditions
provided in applicable appropriations Acts for fiscal year 2012, for
projects or activities (including the costs of direct loans and loan
guarantees) that are not otherwise specifically provided for, and for
which appropriations, funds, or other authority were made available in
the following appropriations Acts:
(1) The Energy and Water Development and Related Agencies
Appropriations Act, 2012 (division B of Public Law 112-74).
(2) The Financial Services and General Government
Appropriations Act, 2012 (division C of Public Law 112-74).
(3) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2012 (division E of Public
Law 112-74).
(4) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2012
(division F of Public Law 112-74).
(5) The Legislative Branch Appropriations Act, 2012
(division G of Public Law 112-74).
(6) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2012 (division I of Public
Law 112-74).
(7) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2012 (division C of Public
Law 112-55), except for the appropriations designated by the
Congress as being for disaster relief under the heading
``Department of Transportation, Federal Highway Administration,
Emergency Relief'' and in the last proviso of section 239 of
such Act.
(8) The Disaster Relief Appropriations Act, 2012 (Public
Law 112-77), except for appropriations under the heading
``Corps of Engineers--Civil''.
(b) For purposes of this division, the term ``level'' means an
amount.
(c) The level referred to in subsection (a) shall be the amounts
appropriated in the appropriations Acts referred to in such subsection,
including transfers and obligation limitations, except that such level
shall be calculated without regard to any rescission or cancellation of
funds or contract authority, other than--
(1) the 0.16 percent across-the-board rescission in section
436 of division E of Public Law 112-74 (relating to the
Department of the Interior, Environment, and Related Agencies);
and
(2) the 0.189 percent across-the-board rescission in
section 527 of division F of Public Law 112-74, (relating to
the Departments of Labor, Health and Human Services, and
Education, and Related Agencies).
Sec. 1102. Appropriations made by section 1101 shall be available
to the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 1103. Appropriations provided by this division that, in the
applicable appropriations Act for fiscal year 2012, carried a multiple-
year or no-year period of availability shall retain a comparable period
of availability.
Sec. 1104. No appropriation or funds made available or authority
granted pursuant to section 1101 shall be used to initiate or resume
any project or activity for which appropriations, funds, or other
authority were not available during fiscal year 2012.
Sec. 1105. Except as otherwise expressly provided in this
division, the requirements, authorities, conditions, limitations, and
other provisions of the appropriations Acts referred to in section 1101
shall continue in effect through the date specified in section 1106.
Sec. 1106. Unless otherwise provided for in this division or in
the applicable appropriations Act, appropriations and funds made
available and authority granted pursuant to this division shall be
available through September 30, 2013.
Sec. 1107. Expenditures made pursuant to the Continuing
Appropriations Resolution, 2013 (Public Law 112-175) shall be charged
to the applicable appropriation, fund, or authorization provided by
this division.
Sec. 1108. Funds appropriated by this division may be obligated
and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), and section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212).
Sec. 1109. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2012, and for activities under the Food and Nutrition Act of 2008, the
levels established by section 1101 shall be the amounts necessary to
maintain program levels under current law and under the authority and
conditions provided in the applicable appropriations Acts for fiscal
year 2012.
(b) In addition to the amounts otherwise provided by section 1101,
the following amounts shall be available for the following accounts for
advance payments for the first quarter of fiscal year 2014:
(1) ``Department of Labor, Office of Workers' Compensation
Programs, Special Benefits for Disabled Coal Miners'', for
benefit payments under title IV of the Federal Mine Safety and
Health Act of 1977, $40,000,000, to remain available until
expended.
(2) ``Department of Health and Human Services, Centers for
Medicare and Medicaid Services, Grants to States for
Medicaid'', for payments to States or in the case of section
1928 on behalf of States under title XIX of the Social Security
Act, $106,335,631,000, to remain available until expended.
(3) ``Department of Health and Human Services,
Administration for Children and Families, Payments to States
for Child Support Enforcement and Family Support Programs'',
for payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act
and the Act of July 5, 1960 (24 U.S.C. ch. 9), $1,100,000,000,
to remain available until expended.
(4) ``Department of Health and Human Services,
Administration for Children and Families, Payments for Foster
Care and Permanency'', for payments to States or other non-
Federal entities under title IV-E of the Social Security Act,
$2,200,000,000.
(5) ``Social Security Administration, Supplemental Security
Income Program'', for benefit payments under title XVI of the
Social Security Act, $19,300,000,000, to remain available until
expended.
Sec. 1110. Each amount made available in this division by
reference to an appropriation that was previously designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 or as being for disaster relief pursuant to
section 251(b)(2)(D) of such Act is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of such Act or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act, respectively.
Sec. 1111. With respect to any discretionary account for which
advance appropriations were provided for fiscal year 2013 or 2014 in an
appropriations Act for fiscal year 2012, in addition to amounts
otherwise made available by this division, advance appropriations are
provided in the same amount for fiscal year 2014 or 2015, respectively,
with a comparable period of availability.
Sec. 1112. (a) Section 147 of the Continuing Appropriations Act,
2011 (Public Law 111-242), as added by section 1(a)(2) of the
Continuing Appropriations and Surface Transportation Extensions Act,
2011 (Public Law 111-322; 5 U.S.C. 5303 note), is amended--
(1) in subsection (b)(1), by striking the matter after ``ending
on'' and before ``shall be made'' and inserting ``December 31, 2013,'';
and
(2) in subsection (c), by striking the matter after ``ending on''
and before ``no senior executive'' and inserting ``December 31,
2013,''.
(b) Section 114 of the Continuing Appropriations Resolution, 2013
(Public Law 112-175; 5 U.S.C. 5303 note) is repealed.
Sec. 1113. (a) Not later than 30 days after the date of the
enactment of this division, each department and agency in subsection
(c) shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a spending, expenditure, or operating
plan for fiscal year 2013--
(1) at the program, project, or activity level (or, for
foreign assistance programs funded in titles III, IV and VIII
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, at the country, regional, and
central program level, and for any international organization);
or
(2) as applicable, at any greater level of detail required
for funds covered by such a plan in an appropriations Act
referred to in section 1101, in the joint explanatory statement
accompanying such Act, or in committee report language
incorporated by reference in such joint explanatory statement.
(b) If a sequestration is ordered by the President under section
251A of the Balanced Budget and Emergency Deficit Control Act of 1985,
the spending, expenditure, or operating plan required by this section
shall reflect such sequestration.
(c) The departments and agencies to which this section applies are
as follows:
(1) The Department of Agriculture.
(2) The Department of Commerce.
(3) The Department of Education.
(4) The Department of Energy.
(5) The Department of Health and Human Services.
(6) The Department of Homeland Security.
(7) The Department of Housing and Urban Development.
(8) The Department of the Interior.
(9) The Department of Justice.
(10) The Department of Labor.
(11) The Department of State and United States Agency for
International Development.
(12) The Department of Transportation.
(13) The Department of the Treasury.
(14) The National Aeronautics and Space Administration.
(15) The National Science Foundation.
(16) The Judiciary.
(17) With respect to amounts made available under the
heading ``Executive Office of the President and Funds
Appropriated to the President'', agencies funded under such
heading.
(18) The Federal Communications Commission.
(19) The General Services Administration.
(20) The Office of Personnel Management.
(21) The National Archives and Records Administration.
(22) The Securities and Exchange Commission.
(23) The Small Business Administration.
(24) The Environmental Protection Agency.
(25) The Indian Health Service.
(26) The Smithsonian Institution.
(27) The Social Security Administration.
(28) The Corporation for National and Community Service.
(29) The Corporation for Public Broadcasting.
(30) The Food and Drug Administration.
(31) The Commodity Futures Trading Commission.
Sec. 1114. Not later than May 15, 2013, and each month thereafter
through November 1, 2013, the Director of the Office of Management and
Budget shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a report on all obligations incurred in
fiscal year 2013, by each department and agency, using funds made
available by this division. Such report shall--
(1) set forth obligations by account; and
(2) compare the obligations incurred in the period covered
by the report to the obligations incurred in the same period in
fiscal year 2012.
This division may be cited as the ``Full-Year Continuing
Appropriations Act, 2013''.
TITLE II
ENERGY AND WATER DEVELOPMENT
Sec. 1201. The amounts available for ``Corps of Engineers--Civil,
Department of the Army, Corps of Engineers--Civil, Construction'' are
hereby reduced by $20,000,000.
Sec. 1202. Notwithstanding section 1101, the level for
``Department of the Interior, Central Utah Project, Central Utah
Project Completion Account'' shall be $19,700,000, of which, $1,200,000
shall be deposited into the ``Utah Reclamation Mitigation and
Conservation Account'' for use by the Utah Reclamation Mitigation and
Conservation Commission. In addition $1,300,000 is provided for
necessary expenses incurred in carrying out the responsibilities of the
Secretary of the Interior.
Sec. 1203. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Department of Energy, Energy
Efficiency and Renewable Energy'', $1,814,091,000; ``Department of
Energy, Nuclear Energy'', $759,000,000; ``Department of Energy,
Science'', $4,876,000,000; ``Department of Energy, Advanced Research
Projects Agency--Energy'', $265,000,000, to remain available until
expended.
Sec. 1204. Notwithstanding section 1101, of the unobligated
balances from prior year appropriations available under ``Department of
Energy, Northeast Home Heating Oil Reserve'' $6,000,000 are hereby
permanently rescinded: Provided, That no amounts may be rescinded from
amounts that were designated as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 1205. (a) Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities, National
Nuclear Security Administration, Weapons Activities'' shall be
$7,577,341,000.
(b) Section 301(c) of division B of Public Law 112-274 shall not
apply to amounts made available by this section.
Sec. 1206. In addition to amounts otherwise made available by this
division, $110,000,000 is appropriated for ``Department of Energy,
Atomic Energy Defense Activities, National Nuclear Security
Administration, Defense Nuclear Nonproliferation'' for domestic uranium
enrichment research, development, and demonstration.
Sec. 1207. Section 14704 of title 40, United States Code, shall be
applied to amounts made available by this division by substituting the
date specified in section 1106 of this division for ``October 1,
2012''.
TITLE III
FINANCIAL SERVICES AND GENERAL GOVERNMENT
Sec. 1301. (a) Notwithstanding any other provision of this
division, except section 1106, the District of Columbia may expend
local funds under the heading ``District of Columbia Funds'' for such
programs and activities under title IV of H.R. 6020 (112th Congress),
as reported by the Committee on Appropriations of the House of
Representatives, at the rate set forth under ``District of Columbia
Funds--Summary of Expenses'' as included in the Fiscal Year 2013 Budget
Request Act of 2012 (D.C. Act 19-381), as modified as of the date of
the enactment of this division.
(b) Section 803(b) of the Financial Services and General Government
Appropriations Act, 2012 (division C of Public Law 112-74; 125 Stat.
940) is amended by striking ``November 1, 2012'' and inserting
``November 1, 2013''.
Sec. 1302. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment for Emergency Planning and
Security Costs in the District of Columbia'' shall be $24,700,000, of
which not less than $9,800,000 shall be used for costs associated with
the Presidential Inauguration.
Sec. 1303. Notwithstanding section 1101, the fifth proviso under
the heading ``Federal Communications Commission, Salaries and
Expenses'' in division C of Public Law 112-74 shall be applied by
substituting ``$98,739,000'' for ``$85,000,000''.
Sec. 1304. Notwithstanding any other provision of this division,
amounts made available by section 1101 for ``Department of the
Treasury, Departmental Offices, Salaries and Expenses'' and
``Department of the Treasury, Office of Inspector General, Salaries and
Expenses'' may be used for activities in connection with section
1602(e) of the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States Act of
2012 (subtitle F of title I of division A of Public Law 112-141).
Sec. 1305. Notwithstanding section 1101, the level for ``Office of
Government Ethics, Salaries and Expenses'' shall be $18,664,000, of
which $5,000,000 shall be for development and deployment of the
centralized, publicly accessible database required in section 11(b) of
the STOCK Act (Public Law 112-105).
Sec. 1306. Notwithstanding section 1101, the level for ``Small
Business Administration, Business Loans Program Account'' for the cost
of guaranteed loans as authorized by section 7(a) of the Small Business
Act and section 503 of the Small Business Investment Act of 1958 shall
be $333,600,000.
Sec. 1307. Of the unobligated balances available for ``Department
of the Treasury, Treasury Forfeiture Fund'', $950,000,000 are
rescinded.
Sec. 1308. Notwithstanding section 1101, the Community Development
Financial Institutions Fund is authorized during Fiscal Year 2013 to
guarantee bonds and notes pursuant section 114A of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et
seq.): Provided, That no funds appropriated by this Act for
``Department of the Treasury--Community Development Financial
Institutions Fund Program Account'' shall be available for the cost, if
any, of guaranteed loans (as defined in section 502 of the
Congressional Budget Act of 1974) pursuant to section 114A of the
Riegle Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4701 et seq.) to subsidize total loan principal not to exceed
$500,000,000.
Sec. 1309. Sections 9503(a), 9504(a) and (b), and 9505(a) of title
5, United States Code, are amended by striking ``Before July 23, 2013''
each place it occurs and inserting ``Before September 30, 2013''.
Sec. 1310. Notwithstanding section 1101, the level for ``Executive
Office of The President and Funds Appropriated to the President,
Partnership Fund for Program Integrity Innovation'' shall be $0.
Sec. 1311. Notwithstanding section 1101, the level for ``The
Judiciary, Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' shall be $1,040,000,000.
Sec. 1312. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), as amended, is amended--
(1) in the third sentence (relating to the district of
Kansas), by striking ``21 years or more'' and inserting ``22
years and 6 months or more''; and
(2) in the seventh sentence (relating to the district of
Hawaii), by striking ``18 years or more'' and inserting ``19
years and 6 months or more''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, The Judiciary, The District of Columbia, and Independent
Agencies Appropriations Act of 2006 (Public Law 109-115; 119 Stat.
2470; 28 U.S.C. 133 note) is amended in the second sentence (relating
to the eastern district of Missouri) by inserting ``and 6 months''
after ``20 years''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note) is amended--
(1) by inserting after ``authorized by this subsection''
the following: ``, except in the case of the central district
of California and the western district of North Carolina'';
(2) by striking ``10 years'' and inserting ``11 years'';
and
(3) by adding at the end the following: ``The first vacancy
in the office of district judge in the central district of
California occurring 10 years and 6 months or more after the
confirmation date of the judge named to fill the temporary
district judgeship created in that district by this subsection,
shall not be filled. The first vacancy in the office of
district judge in the western district of North Carolina
occurring 10 years or more after the confirmation date of the
judge named to fill the temporary district judgeship created in
that district by this subsection, shall not be filled.''.
Sec. 1313. Notwithstanding section 1101 of this division or
division A, the level for the ``Commodity Futures Trading Commission''
shall be the level specified under Public Law 112-55 and the
authorities and conditions, including comparable periods of
availability, provided under such Public Law shall apply to such
appropriation.
Sec. 1314. Notwithstanding section 1101, the level for ``Federal
Deposit Insurance Corporation, Office of the Inspector General'' shall
be $34,568,000.
TITLE IV
INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
Sec. 1401. Notwithstanding section 1101, the levels for the
following appropriations of the Department of the Interior shall be:
(a) $950,757,000 for ``Bureau of Land Management, Management of
Lands and Resources'': Provided, That the amounts included under such
heading in division E of Public Law 112-74 shall be applied to funds
appropriated by this division by substituting ``$950,757,000'' for
``$961,900,000'' the second place it appears;
(b) $0 for ``Bureau of Land Management, Construction'';
(c) $1,213,915,000 for ``United States Fish and Wildlife Service,
Resource Management'';
(d) $19,136,000 for ``United States Fish and Wildlife Service,
Construction'';
(e) $2,214,202,000 for ``National Park Service, Operation of the
National Park Service'';
(f) $131,173,000 for ``National Park Service, Construction'';
(g) $105,910,000 for ``Bureau of Indian Affairs, Construction'';
(h) $84,946,000 for ``Insular Affairs, Assistance to Territories'':
Provided, That the matter under such heading in division E of Public
Law 112-74 shall be applied to funds appropriated by this division as
follows: by substituting ``$75,684,000'' for ``$78,517,000''; and by
substituting ``$9,262,000'' for ``$9,480,000'';
(i) $146,000,000 for ``Office of the Special Trustee for American
Indians, Federal Trust Programs''; and
(j) $726,473,000 for ``Department-wide Programs, Wildland Fire
Management'': Provided, That of the amounts made available by section
140(b) of Public Law 112-175 (126 Stat. 1321), $7,500,000 are
rescinded.
Sec. 1402. The contract authority provided for fiscal year 2013 by
16 U.S.C. 460l-10a is rescinded.
Sec. 1403. Section 10101(a) of the Omnibus Budget Reconciliation
Act of 1993 (30 U.S.C. 28f(a)), as amended by section 430 of the
Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat.
1047), is further amended--
(1) in paragraph (1) in the first sentence, by striking
``on'' the first place it appears and inserting ``before,
on,''; and
(2) in paragraph (2)--
(A) by striking ``located'' the second place it
appears;
(B) by inserting at the end of the following:
``Such claim maintenance fee shall be in lieu of the
assessment work requirement contained in the Mining Law
of 1872 (30 U.S.C. 28 to 28e) and the related filing
requirements contained in section 314(a) and (c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1744(a) and (c)).''; and
(C) by striking ``(a)'' in the first sentence and
inserting ``(a)(1)''.
Sec. 1404. (a) Division II of Public Law 104-333 (16 U.S.C. 461
note) is amended in each of sections 107, 208, 310, 408, 507, 607, 707,
809, and 910, by striking ``2012'' and inserting ``2013''.
(b) Effective on October 12, 2012, section 7 of Public Law 99-647,
as amended by section 702(d) of Public Law 109-338 and section 1767 of
Public Law 112-10, is further amended by striking ``the date'' and all
that follows and inserting ``September 30, 2013''.
(c) Section 12 of Public Law 100-692 (16 U.S.C. 461 note) is
amended--
(1) in subsection (c)(1), by striking ``2012'' and
inserting ``2013''; and
(2) in subsection (d), by striking ``the date that is 5
years after the date of enactment of this sub section'' and
inserting ``September 30, 2013''.
(d) Section 108 of Public Law 106-278 (16 U.S.C. 461 note) is
amended by striking ``2012'' and inserting ``2013''.
Sec. 1405. Notwithstanding section 1101, the levels for the
following appropriations of the Environmental Protection Agency shall
be:
(a) $785,291,000 for ``Science and Technology'';
(b) $2,651,440,000 for ``Environmental Programs and Management'';
(c) $1,176,431,000 for ``Hazardous Substance Superfund'':
Provided, That the matter under such heading in division E of Public
Law 112-74 shall be applied to funds appropriated by this division as
follows: by substituting ``$1,176,431,000'' for ``$1,215,753,000'' the
second place it appears; and by substituting ``September 30, 2012'' for
``September 30, 2011''; and
(d) $3,579,094,000 for ``State and Tribal Assistance Grants'':
Provided, That the amounts included under such hearing in division E of
Public Law 112-74 shall be applied to fund appropriated by this
division as follows: by substituting ``$1,451,791,000'' for
``$1,468,806,000''; by substituting ``$908,713,000'' for
``$919,363,000''; and by substituting ``$19,952,000'' for
``$30,000,000''.
Sec. 1406. (a) Of the unobligated balances available to the
Environmental Protection Agency under the following headings from prior
appropriation Acts, the following amounts are rescinded:
(1) ``Hazardous Substance Superfund'', $15,000,000.
(2) ``State and Tribal Assistance Grants'', $35,000,000, as
follows:
(A) $10,000,000 from unobligated Brownfields
balances.
(B) $5,000,000 from unobligated categorical grant
balances.
(C) $10,000,000 from unobligated Drinking Water
State Revolving Funds balances.
(D) $10,000,000 from unobligated Clean Water State
Revolving Funds balances.
(b) No amounts may be rescinded under subsection (a) from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 1407. Notwithstanding subsection (d)(2) of section 33 of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8),
the Administrator of the Environmental Protection Agency may assess
pesticide registration service fees under such section for fiscal year
2013.
Sec. 1408. Notwithstanding section 1101, the levels for the
following appropriations of the Department of Agriculture shall be:
(a) $1,536,596,000 for ``Forest Service, National Forest System'';
(b) $369,800,000 for ``Forest Service, Capital Improvement and
Maintenance''; and
(c) $1,971,390,000 for ``Forest Service, Wildland Fire
Management''.
Sec. 1409. Notwithstanding section 1101, the levels for the
following appropriations of the Department of Health and Human Services
shall be:
(a) $3,914,599,000 for ``Indian Health Service, Indian Health
Services''; and
(b) $441,605,000 for ``Indian Health Service, Indian Health
Facilities''.
Sec. 1410. Notwithstanding section 1101, the level for
``Smithsonian Institution, Salaries and Expenses'' shall be
$640,512,000.
Sec. 1411. Notwithstanding section 1101, the level for ``Advisory
Council on Historic Preservation, Salaries and Expenses'' shall be
$7,023,000: Provided, That of the funds appropriated herein,
$1,300,000, to remain available until expended, may be used for
expenses related to the relocation from the Old Post Office Building.
Sec. 1412. Notwithstanding section 1101, the level for ``Presidio
Trust, Presidio Trust Fund'' shall be $0.
Sec. 1413. Notwithstanding section 1101, the level for ``Dwight D.
Eisenhower Memorial Commission, Salaries and Expenses'' shall be
$1,050,000 and the level for ``Dwight D. Eisenhower Memorial
Commission, Capital Construction'' shall be $0: Provided, That section
8162(m) of the Department of Defense Appropriations Act, 2000 (40
U.S.C. 8903 note; Public Law 106-79), as added by section 8120 (a) of
Public Law 107-117 (115 Stat. 2273), is amended by adding at the end
the following:
``(3) Expiration.--Any reference in section 8903(e) of
title 40, U.S.C. to the expiration at the end of, or extension
beyond, a 7-year period shall be considered to be a reference
to an expiration on, or extension beyond, September 30,
2013.''.
Sec. 1414. Notwithstanding section 1101, section 408 of division E
of Public Law 112-74 (125 Stat. 1038) shall be applied to funds
appropriated by this division by substituting ``112-10, and 112-74''
for ``112-10'' and by substituting ``2012'' for ``2011''.
Sec. 1415. The authority provided by section 331 of the Department
of the Interior and Related Agencies Appropriations Act, 2000 (enacted
by reference in section 1000(a)(3) of Public Law 106-113; 16 U.S.C. 497
note) shall continue in effect through the date specified in section
1106 of this division.
Sec. 1416. No funds made available under this Act shall be used
for a 180-day period beginning on date of enactment of this Act to
enforce with respect to any farm (as that term is defined in section
112.2 of title 40, Code of Federal Regulations (or successor
regulations)) the Spill, Prevention, Control, and Countermeasure rule,
including amendments to that rule, promulgated by the Environmental
Protection Agency under part 112 of title 40, Code of Federal
Regulations.
TITLE V
LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
(including transfer of funds)
Sec. 1501. Of the funds available to the Department of Labor,
Employment and Training Administration in this or any other Act making
appropriations that remain unobligated as of the date of enactment of
this Act, up to $30,000,000 may be transferred to ``Department of
Labor, Employment and Training Administration, Office of Job Corps''
for Job Corps operations for program years 2012 and 2013 and shall be
in addition to any other amounts available to the Office of Job Corps
for such purposes: Provided, That not less than $10,000,000 shall be
transferred within 30 days of enactment of this Act to support Job
Corps operations for the program year ending June 30, 2013: Provided
further, That not later than 15 days after any transfer has been made
under the authority of this section, the Secretary of Labor shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate that details the source of the
transferred funds, the specific programs, projects, or activities for
which such funds will be used, provides a detailed explanation of the
need for such transfer, and itemizes the cost saving measures
implemented by the Office of the Job Corps during Program Years 2012
and 2013 and the savings gained by implementing each initiative.
Sec. 1502. Notwithstanding section 1101, the level which may be
expended from the Employment Security Administration Account of the
Unemployment Trust Fund for administrative expenses of ``Department of
Labor, Employment and Training Administration, State Unemployment
Insurance and Employment Service Operations'' shall be $3,940,865,000
(which includes all amounts available to conduct in-person reemployment
and eligibility assessments and unemployment insurance improper payment
reviews), of which $3,115,142,000 shall be for grants to the States for
the administration of State unemployment insurance laws under paragraph
(1). For the purposes of this section, the first proviso under this
heading in Public Law 112-74 shall be applied by substituting ``2013''
and ``4,585,000'' for ``2012'' and ``4,832,000'', respectively.
Sec. 1503. Notwithstanding section 1101, language under the
heading ``Department of Labor, Mine Safety and Health Administration,
Salaries and Expenses'' in Public Law 112-74 shall be applied to funds
appropriated by this Act by substituting ``is authorized to collect and
retain up to $2,499,000'' for ``may retain up to $1,499,000''.
Sec. 1504. Notwithstanding section 1101, the level for
``Department of Labor, Veterans Employment and Training'' shall be
$264,436,000, of which $226,251,000 shall be derived from the
Employment Security Administration Account in the Unemployment Trust
Fund: Provided, That the level provided under such heading for
Veterans Workforce Investment Program grants shall be used for the
Transition Assistance Program and activities authorized by the VOW to
Hire Heroes Act of 2011, shall be available through September 30, 2013,
and shall be in addition to any other funds available for those
purposes: Provided further, That of the level provided under such
heading, not less than $14,000,000 shall be for the Transition
Assistance Program, and $3,414,000 shall be for the National Veterans'
Employment and Training Services Institute.
Sec. 1505. All funds provided for the Health Centers program, as
defined by section 330 of the Public Health Service Act, by this Act or
any other Act providing appropriations for fiscal year 2013 shall be
obligated by the Secretary of Health and Human Services by September
30, 2013, of which $48,000,000 shall be awarded for base grant
adjustments.
Sec. 1506. The Director of the Centers for Disease Control and
Prevention (hereafter referred to in this division as ``CDC'') may
detail CDC staff without reimbursement for up to 30 days to support an
activation of the CDC Emergency Operations Center, so long as the
Director provides notification within 15 days of the use of this
authority and a full report to the Committees on Appropriations of the
House of Representatives and the Senate within 30 days after the use of
this authority, which includes the number of staff and funding level
broken down by the originating center and number of days detailed:
Provided, That the annual reimbursement cannot exceed $3,000,000 across
CDC.
(including transfer of funds)
Sec. 1507. To facilitate the implementation of the permanent
Working Capital Fund (``WCF'') authorized in Public Law 112-74, on or
after October 1, 2013, unobligated balances of amounts appropriated for
business services for fiscal year 2013 shall be transferred to the WCF:
Provided, That on or after October 1, 2013, the CDC shall transfer
other amounts available for business services to other CDC
appropriations consistent with the benefit each appropriation received
from the business services appropriation in fiscal year 2013: Provided
further, That assets purchased with funds appropriated for or
reimbursed to business services in this or any other Act may be
transferred to the WCF and customers billed for depreciation of those
assets: Provided further, That CDC shall, consistent with the
authorities provided in 42 U.S.C. 231, ensure that the WCF is used only
for administrative support services and not for programmatic activity
funding: Provided further, That CDC shall notify the Committees on
Appropriations of the House of Representatives and the Senate not later
than 15 days prior to any transfer made under the authority provided in
this section.
(including transfer of funds)
Sec. 1508. Notwithstanding section 1101, the level for
``Department of Health and Human Services, National Institutes of
Health, Office of the Director'' shall be $1,528,181,000: Provided,
That the fourth proviso under such heading shall be applied to funds
appropriated by this Act by substituting the following: ``: Provided
further, That $165,000,000 shall be for the National Children's Study
(NCS), except that not later than July 15, 2013 the Director shall
estimate the amount needed for the NCS during fiscal year 2013, taking
into account the succeeding proviso, and any funds in excess of the
estimated need shall be transferred to and merged with the accounts for
the various Institutes and Centers of NIH in proportion to their shares
of total NIH appropriations made by this Act: Provided further, That
the Director shall contract with the National Academy of Sciences
within 60 days of enactment of this Act to appoint an expert Institute
of Medicine/National Research Council (IOM/NRC) panel to conduct a
comprehensive review and issue a report regarding proposed
methodologies for the NCS Main Study, including whether such
methodologies are likely to produce scientifically sound results that
are generalizable to the United States population and appropriate sub-
populations: Provided further, That no contracts shall be awarded for
conducting the Main Study until at least 60 days after the IOM/NRC
report has been available to the public:''.
Sec. 1509. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for Children
and Families, Refugee and Entrant Assistance'' shall be $1,016,000,000.
Sec. 1510. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for Children
and Families, Payments to States for the Child Care and Development
Block Grant'' shall be $2,328,313,000: Provided, That in addition to
the amounts required to be reserved by the States under section 658G of
the Child Care and Development Block Grant Act, $297,078,000 shall be
reserved by the States for activities authorized under section 658G of
such Act, of which $108,950,000 shall be for activities that improve
the quality of infant and toddler care.
Sec. 1511. In addition to amounts otherwise made available by
section 1101, $33,500,000 is appropriated for ``Department of Health
and Human Services, Administration for Children and Families, Children
and Families Services'' for making payments under the Head Start Act:
Provided, That notwithstanding section 640 of such Act, up to
$25,000,000 of such funds shall be available for allocation by the
Secretary to supplement activities described in paragraphs (7)(B) and
(9) of section 641(c) of the Head Start Act under the Designation
Renewal System, established under the authority of sections 641(c)(7),
645A(b)(12) and 645A(d) of such Act: Provided further, That amounts
allocated to Head Start grantees at the discretion of the Secretary to
supplement activities pursuant to the previous proviso shall not be
included in the calculation of the ``base grant'' in subsequent fiscal
years, as such term is used in section 640(a)(7)(A) of the Head Start
Act.
Sec. 1512. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Office of the Secretary,
Public Health and Social Services Emergency Fund'' shall be increased
by $17,000,000 for expenses necessary for replacement of building
leases and associated renovation costs for Public Health Service
agencies and other components of the Department of Health and Human
Services, including relocation and fit-out costs, to remain available
until expended.
Sec. 1513. Of the amount provided by section 1101 for ``Department
of Education, Safe Schools and Citizenship Education'' for subpart 2 of
part A of title IV of the Elementary and Secondary Education Act of
1965, $3,000,000, to remain available until expended, shall be for the
Project School Emergency Response to Violence program to provide
education-related services to local educational agencies and
institutions of higher education in which the learning environment has
been disrupted due to a violent or traumatic crisis.
Sec. 1514. Notwithstanding section 1101, the provisos under the
heading ``Department of Education--Special Education'' shall be
applicable as if the following four provisos were inserted after the
first proviso: ``: Provided further, That the Secretary shall
distribute to all other States (as that term is defined in section
611(g)(2)), subject to the third proviso, any amount by which a State's
allocation under section 611(d), from funds appropriated under this
heading, is reduced under section 612(a)(18)(B), in accordance with
section 611(d)(3)(A)(i)(II) and (III) without regard to section
611(d)(3)(A)(i)(I) and section 611(d)(3)(B): Provided further, That the
Secretary may not distribute any funds under the previous proviso to
any State whose reduction in allocation from funds appropriated under
this heading made funds available for such a distribution: Provided
further, That the States shall allocate such funds distributed under
the second preceding proviso to local educational agencies in
accordance with section 611(f): Provided further, That the amount by
which a State's allocation under section 611(d) of the IDEA is reduced
under section 612(a)(18)(B) and the amounts distributed to States under
the previous provisos from funds appropriated for fiscal year 2012 or
any subsequent year shall not be considered in calculating the awards
under section 611(d) for fiscal year 2013 or for any subsequent fiscal
years:''.
Sec. 1515. Of the amount provided by section 1101 for ``Department
of Education, Higher Education'' for subpart 2 of part A of title VII
of the Higher Education Act of 1965, up to $4,451,000 shall be
available to fund continuation awards for projects originally supported
under subpart 1 of part A of title VII of such act.
Sec. 1516. Notwithstanding section 1101, the level for ``Railroad
Retirement Board, Limitation on Administration'' shall be $111,149,000.
Sec. 1517. Notwithstanding section 1101, the level for ``Social
Security Administration, Supplemental Security Income Program'' for
research and demonstrations under sections 1110, 1115, and 1144 of the
Social Security Act shall be $17,000,000.
Sec. 1518. Of the funds made available by section 1101 for
``Social Security Administration, Limitation on Administrative
Expenses'', $23,000,000 shall be for section 1149 of the Social
Security Act and $7,000,000 shall be for section 1150 of the Social
Security Act.
Sec. 1519. Of the funds made available by section 1101 for
``Social Security Administration, Limitation on Administrative
Expenses'' for the cost associated with continuing disability reviews
under titles II and XVI of the Social Security Act and for the cost
associated with conducting redeterminations of eligibility under title
XVI of the Social Security Act, $273,000,000 is provided to meet the
terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, and $483,052,000 is
additional new budget authority specified for purposes of section
251(b)(2)(B) of such Act.
Sec. 1520. Of the funds made available for the Community-Based
Care Transitions Program under section 3026 of Public Law 111-148,
$200,000,000 are hereby rescinded.
Sec. 1521. Notwithstanding section 1101, the rescissions made in
sections 522 and 525 of division F of Public Law 112-74 shall be
repeated in this Act with respect to funds available for fiscal year
2013.
Sec. 1522. Section 148 of Public Law 112-175 is amended to read as
follows: ``Activities authorized by part A of title IV and section
1108(b) of the Social Security Act (except for activities authorized in
section 403(b) of such Act) shall continue through September 30, 2013,
in the manner authorized for fiscal year 2012, and out of any money in
the Treasury of the United States not otherwise appropriated, there are
hereby appropriated such sums as may be necessary for such purpose.''.
TITLE VI
LEGISLATIVE BRANCH
Sec. 1601. Notwithstanding any other provision of this Act, for a
payment to Irene Hirano Inouye, widow of Daniel K. Inouye, late a
Senator from Hawaii, $193,400.
Sec. 1602. Notwithstanding section 1101, the level for ``Joint
Congressional Committee On Inaugural Ceremonies of 2013'' shall be $0.
Sec. 1603. Notwithstanding section 1101, the level for ``Capitol
Police, General Expenses'' shall be $62,004,000.
Sec. 1604. Notwithstanding section 1101, the level of funding for
``Architect of the Capitol, General Administration'' shall be
$97,340,000.
Sec. 1605. (a) Notwithstanding section 1104, of the amounts made
available by section 1101 for accounts under the heading ``Architect of
the Capitol'', the Architect of the Capitol may transfer an aggregate
amount of not more than $61,247,000 to ``Architect of the Capitol,
Capitol Building'', solely for expenses related to the rehabilitation
of the United States Capitol Dome.
(b) The transfer of amounts under the authority of subsection (a)
shall be subject to the approval of the Committees on Appropriations of
the House of Representatives and Senate.
(c) Any amounts transferred under the authority of subsection (a)
shall remain available until expended.
Sec. 1606. (a) Notwithstanding section 1101, available balances of
expired Architect of the Capitol appropriations shall be available to
the Architect of the Capitol to make the deposit to the credit of the
Employees' Compensation Fund required by section 8147(b) of title 5,
United States Code.
(b) Effective Date.--This section shall apply with respect to
appropriations for fiscal year 2013 and each year thereafter.
Sec. 1607. Notwithstanding section 1101, the level for ``Library
of Congress, Copyright Office, Salaries and Expenses'' shall be
$737,000 under the first proviso, and shall be $34,250,000 under the
fourth proviso.
Sec. 1608. Notwithstanding section 1101, the level for
``Government Printing Office, Congressional Printing and Binding''
shall be $83,632,000; ``Government Printing Office, Government Printing
Office Revolving Fund'' shall be $4,000,000.
Sec. 1609. Notwithstanding section 1101, the level for
``Government Printing Office, Office of Superintendent of Documents,
Salaries and Expenses'' shall be $31,500,000 and the amounts authorized
for producing and disseminating Congressional serial sets and other
related publications to depository and other designated libraries shall
apply to publications for fiscal years 2011 and 2012.
Sec. 1610. Notwithstanding section 1101, the level for
``Government Accountability Office, Salaries and Expenses'' shall be
$506,282,000, the amount applicable under the first proviso under that
heading shall be $26,404,000.
Sec. 1611. (a) In General.--Available balances of expired
Government Accountability Office appropriations shall be available to
the Government Accountability Office to make the deposit to the credit
of the Employees' Compensation Fund required by section 8147(b) of
title 5 United States Code.
(b) Effective Date.--This section shall apply with respect to
fiscal year 2013 and each fiscal year thereafter.
Sec. 1612. Notwithstanding section 1101, the level for ``Open
World Leadership Center Trust Fund'' shall be $8,000,000.
TITLE VII
DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
Sec. 1701. (a) Notwithstanding section 1101, the amounts included
under the heading ``Embassy Security, Construction, and Maintenance''
under title I in division I of Public Law 112-74 shall be applied to
funds appropriated by this division as follows: by substituting
``$938,125,000'' for ``$762,000,000'' in the first paragraph; and by
substituting ``$688,499,000'' for ``$775,000,000'' in the second
paragraph.
(b) Notwithstanding section 1101, the levels for the following
accounts under title I in division I of Public Law 112-74 shall be
applied to funds appropriated by this division as follows:
``Contributions for International Peacekeeping Activities'',
$2,006,499,000; ``International Boundary and Water Commission, United
States and Mexico, Salaries and Expenses'', $43,499,000;
``International Boundary and Water Commission, United States and
Mexico, Construction'', $27,675,000; ``American Sections, International
Commissions'', $11,923,000; ``International Fisheries Commissions'',
$34,617,000; ``Commission for the Preservation of America's Heritage
Abroad, Salaries and Expenses'', $606,000; ``United States Commission
on International Religious Freedom, Salaries and Expenses'',
$2,932,000; ``Commission on Security and Cooperation in Europe,
Salaries and Expenses'', $2,443,000; ``Congressional-Executive
Commission on the People's Republic of China, Salaries and Expenses'',
$1,906,000; and ``United States-China Economic and Security Review
Commission, Salaries and Expenses'', $3,312,000.
Sec. 1702. (a) Notwithstanding section 1101, the amounts included
under the heading ``Global Health Programs'' under title III in
division I of Public Law 112-74 shall be applied to funds appropriated
by this division as follows: by substituting in the first sentence in
the first paragraph ``$2,755,950,000'' for ``$2,625,000,000''; by
substituting in the first sentence in the second paragraph
``$5,720,499,000'' for ``$5,542,860,000''; and by substituting in the
second proviso in the second paragraph ``$1,650,000,000'' for
``$1,050,000,000''.
(b) Notwithstanding section 1101, the amounts included under the
heading ``Economic Support Fund'' under title III in division I of
Public Law 112-74 shall be applied to funds appropriated by this
division by inserting after the tenth proviso and before the period the
following: ``: Provided further, That not less than $325,400,000 of the
funds appropriated under this heading shall be transferred to, and
merged with, funds appropriated under the heading `Development
Assistance' in this Act''.
Sec. 1703. (a) Notwithstanding section 1101, the sixth proviso
under the heading ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'' in division I of Public Law 112-74 shall be applied
to funds appropriated by this division by substituting the following:
``Provided further, That funds made available for demining,
conventional weapons destruction, and related activities, in addition
to funds otherwise made available for such purposes, may be used for
administrative expenses related to the operation and management of
demining, conventional weapons destruction, and related programs''.
(b) Notwithstanding section 1101, the first sentence under the
heading ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' in division I of Public Law 112-74 shall be applied to funds
appropriated by this division by inserting ``to remain available until
September 30, 2014,'' after ``$590,113,000,''.
(c) Notwithstanding section 1101, the third proviso under the
heading ``International Security Assistance, Department of State,
Peacekeeping Operations'' in division I of Public Law 112-74 shall be
applied to funds appropriated by this division by substituting
``$161,000,000'' for ``$91,818,000'' and ``2014'' for ``2013''.
(d) Notwithstanding section 1101, the amounts included in the first
paragraph under the heading ``Foreign Military Financing Program''
under title IV in division I of Public Law 112-74 shall be applied to
funds appropriated by this division by substituting in the second
proviso ``$3,100,000,000'' for ``$3,075,000,000'' and by substituting
in the fourth proviso ``$815,300,000'' for ``$808,725,000''.
Sec. 1704. (a) Notwithstanding section 1101, the levels for the
following accounts under title V in division I of Public Law 112-74
shall be as follows: ``Global Environment Facility'', $129,400,000;
``Contribution to the International Bank for Reconstruction and
Development'', $186,957,000; ``Contribution to the Enterprise for the
Americas Multilateral Investment Fund'', $15,000,000; and in the first
paragraph under ``Contribution to the International Development
Association'', $1,358,500,000; and ``Contribution to the Inter-American
Development Bank'', $111,153,000.
(b) Notwithstanding section 1101, the level for the following
accounts shall be $0: ``Multilateral Assistance, International
Financial Institutions, European Bank for Reconstruction and
Development, Limitation on Callable Capital Subscriptions'';
``Bilateral Economic Assistance, Funds Appropriated to the President,
Assistance for Europe, Eurasia and Central Asia''; and ``International
Security Assistance, Funds Appropriated to the President, Pakistan
Counterinsurgency Capability Fund''.
(c) Notwithstanding section 1101, the level for the second
paragraphs for the following accounts under title V in division I of
Public Law 112-74 shall be $0: ``Contribution to the International
Development Association''; ``Contribution to the Inter-American
Development Bank''; and ``Contribution to the African Development
Fund''.
(d) Section 70 of the Bretton Woods Agreements Act (22 U.S.C. 286
et seq.), is amended in subsection (b) by adding at the end the
following:
``(3) In order to pay for the increase in the United States
subscription to the Bank under subsection (a)(1)(B), there are
authorized to be appropriated, without fiscal year limitation,
$4,639,501,466 for payment by the Secretary of the Treasury.
``(4) Of the amount authorized to be appropriated under
paragraph (3), $278,370,088 shall be for paid in shares of the
Bank, and $4,361,131,378 shall be for callable shares of the
Bank.''.
Sec. 1705. Of the unexpended balances available under the heading
``Export and Investment Assistance, Export-Import Bank of the United
States, Subsidy Appropriation'' from prior Acts making appropriations
for the Department of State, foreign operations, and related programs,
$400,000,000 are rescinded.
Sec. 1706. (a) Notwithstanding section 1101, section 7006 in
division I of Public Law 112-74 shall be applied to funds appropriated
by this division by substituting ``Afghanistan, Pakistan, and other
hostile or high-risk areas'' for ``Afghanistan, and Pakistan''.
(b) Notwithstanding section 1101, the amount included in section
7034(f) in division I of Public Law 112-74 shall be applied to funds
appropriated by this division by substituting ``$100,000,000'' for
``$50,000,000''.
(c) Notwithstanding section 1101, section 7054(b) in division I of
Public Law 112-74 shall be applied to funds appropriated by this
division by inserting before the period in paragraph (2) ``; or (3)
such assistance, license, sale, or transfer is for the purpose of
demilitarizing or disposing of such cluster munitions''.
(d) Notwithstanding section 1101, section 7054(b) in division I of
Public Law 112-74 shall be applied for purposes of this division by
inserting before the period in paragraph (2) ``; or (3) such
assistance, license, sale, or transfer is for the purpose of
demilitarizing or disposing of such cluster munitions''.
(e) Notwithstanding section 1101, section 7063 in division I of
Public Law 112-74 shall be applied to funds appropriated by this
division by substituting ``September 30, 2014'' for ``September 30,
2013''.
(f) Notwithstanding section 1101, sections 7070(a) and 7072(a) in
division I of Public Law 112-74 shall be applied to funds appropriated
by this division by substituting ``headings'' for ``heading'' and
substituting ```Global Health Programs', `Economic Support Fund', and
`International Narcotics Control and Law Enforcement' for `Assistance
for Europe, Eurasia and Central Asia'''.
(g) Notwithstanding section 1101, section 7070 in division I of
Public Law 112-74 shall be applied to funds appropriated by this
division by adding the following:
``(d) Funds appropriated by this division under the heading
`Economic Support Fund' may be made available, not withstanding any
other provision of law, for assistance and related programs for the
countries identified in section 3(c) of the Support for Eastern
European Democracy (SEED) Act of 1989 (Public Law 101-179) and section
3 of the FREEDOM Support Act (Public Law 102-511) and may be used to
carry out the provisions of those Acts: Provided, That such assistance
and related programs from funds appropriated by this Act under the
headings `Global Health Programs', `Economic Support Fund', and
`International Narcotics Control and Law Enforcement' shall be
administered in accordance with the responsibilities of the coordinator
designated pursuant to section 601 of the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179) and section 102 of
the FREEDOM Support Act (Public Law 102-511), and shall be made
available in amounts consistent with the amounts made available under
the heading `Assistance for Europe, Eurasia and Central Asia' in fiscal
year 2012, in consultation with the Committees on Appropriations.''.
(h) The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2012''
and inserting ``2012, and 2013''; and
(B) in subsection (e), by striking ``2012'' each
place it appears and inserting ``2013''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2012'' and inserting ``2013''.
(i) Notwithstanding section 1101, section 7041(h) in division I of
Public Law 112-74 shall be applied to funds appropriated by this
division by including the following before the period: ``Provided, That
prior to obligating funds made available by this Act for assistance for
Syria, the Secretary of State shall consult with the Committees on
Appropriations and Foreign Relations of the Senate and the Committees
on Appropriations and Foreign Affairs of the House of Representatives:
Provided further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations''.
(j) Notwithstanding section 1101, the fifth proviso under the
heading ``Economic Support Fund'' in division I of Public Law 112-74
shall be applied to funds appropriated by this division by
substituting: ``Provided further, That funds appropriated under this
heading in this Act may be made available for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of loan guarantees
for Jordan and'' for ``Provided further, That up to $30,000,000 of the
funds appropriated for fiscal year 2011 under this heading in Public
Law 112-10, division B, may be made available for the costs, as defined
in section 502 of the Congressional Budget Act of 1974, of loan
guarantees for''.
Sec. 1707. (a) Notwithstanding section 1101, the levels for the
following accounts under title VIII in division I of Public Law 112-74
shall be as follows: ``Diplomatic and Consular Programs'',
$3,210,650,000, of which $918,435,000 is for Worldwide Security
Protection (to remain available until expended); and ``Embassy
Security, Construction, and Maintenance'', $1,272,200,000, of which
$1,261,400,000 is for the costs of worldwide security upgrades,
acquisition, and construction, as authorized: Provided, That funds
made available under this subsection shall be used for operations at
high threat posts, security programs to protect personnel and property
under Chief of Mission authority, preventing the compromise of
classified United States Government information and equipment, and
security construction or upgrade requirements at Department of State
facilities worldwide, including for Worldwide Security Upgrades.
(b) Of the unobligated balances from funds appropriated under title
VIII in division I of Public Law 112-74 under the heading ``Diplomatic
and Consular Programs'' and designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, $1,109,700,000 are rescinded.
(c) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations providing an assessment of security requirements at
United States diplomatic facilities worldwide, including those
facilities considered expeditionary in nature; a comprehensive plan for
addressing such requirements; and a detailed description of Embassy
security improvements to be supported from funds made available by this
section: Provided, That such report shall be submitted in unclassified
form, but may include a classified annex.
(d) Notwithstanding section 1101, the amounts included under the
heading ``Office of Inspector General'' under title VIII in division I
of Public Law 112-74 shall be applied to funds appropriated by this
division as follows: by substituting ``$59,151,000'' for
``$67,182,000'', and by substituting ``$6,000,000'' for ``$19,545,000''
for the Special Inspector General for Iraq Reconstruction; and by
substituting ``$49,901,000'' for ``$44,387,000'' for the Special
Inspector General for Afghanistan Reconstruction.
(e) Notwithstanding section 1101, the levels for the following
accounts under title VIII in division I of Public Law 112-74 shall be
as follows: ``International Disaster Assistance'', $774,661,000;
``Migration and Refugee Assistance'', $1,152,850,000; and ``Economic
Support Fund'', $3,119,896,000.
Sec. 1708. Notwithstanding section 1101, title VIII of division I
of Public Law 112-74 shall be applied to funds appropriated by this
division by inserting the following at the end of section 8004:
``Sec. 8005. Funds appropriated by this title under the headings
`Diplomatic and Consular Programs', `Embassy Security, Construction,
and Maintenance', and `Educational and Cultural Exchange Programs' may
be transferred to, and merged with, funds appropriated by this title
under such headings: Provided, That such transfers shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the transfer authority in this
section is in addition to any transfer authority otherwise available
under any other provision of law.
``Sec. 8006. Funds appropriated by this title shall be made
available for assistance for Jordan, in addition to amounts otherwise
made available by this Act.''.
TITLE VIII
TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
Sec. 1801. (a) Notwithstanding sections 1101 and 1104, the level
for limitations on obligation and liquidation of contract authority
shall be available in the following accounts equal to the level of the
contract authority subject to such limitation appropriated out of the
Highway Trust Fund in Sections 1101, 1105, 1107, 1110, 1121, 31101,
32603, and 51001 of Public Law 112-141 for fiscal year 2013:
(1) ``Department of Transportation--Federal Highway
Administration--Limitation on Administrative Expenses'';
(2) ``Department of Transportation--Federal Highway
Administration--Federal-Aid Highways--(Limitation on
Obligations)--(Highway Trust Fund)--(Liquidation of Contract
Authorization)--(Highway Trust Fund)'';
(3) ``Department of Transportation--Federal Motor Carrier
Safety Administration--Motor Carrier Safety Operations and
Programs--(Liquidation of Contract Authorization)--(Limitation
on Obligations)--(Highway Trust Fund)'';
(4) ``Department of Transportation--Federal Motor Carrier
Safety Administration--Motor Carrier Safety Grants--
(Liquidation of Contract Authorization)--(Limitation on
Obligations)--(Highway Trust Fund)''; Provided, Section 131 of
Division C of Public Law 112-55 is hereby deleted; and
(5) ``Department of Transportation--National Highway
Traffic Safety Administration--Operations and Research--
(Liquidation of Contract Authorization)--(Limitation on
Obligations)--(Highway Trust Fund)''.
(b) Section 120 of division C of Public Law 112-55 shall not apply
to amounts made available by this division.
(c) During the period covered by this division, section 1102 of
Public Law 112-141 shall be applied--
(1) in subsection (b)(10), as if the limitation applicable
through fiscal year 2011 applied through fiscal year 2012; and
(2) in subsection (c)(5), by treating the reference to
section 204 of title 23, United States Code, as a reference to
sections 202 and 204 of such title.
Sec. 1802. Notwithstanding sections 1101 and 1104, the language
under the heading ``Department of Transportation--National Highway
Traffic Safety Administration--Highway Traffic Safety Grants--
(Liquidation of Contract Authorization)--(Limitation on Obligations)--
(Highway Trust Fund)'' shall be applied to funds made available by this
Act as if the language read as follows: ``For payment of obligations
incurred in carrying out the provisions of 23 U.S.C. 402 and 405,
section 2009 of Public Law 109-59 (as amended by section 31106 of
Public Law 112-141), and section 31101(a)(6) of Public Law 112-141,
$554,500,000, to remain available until expended, to be derived from
the Highway Trust Fund (other than the Mass Transit Account): Provided,
That none of the funds in this Act shall be available for the planning
or execution of programs the total obligations for which, in fiscal
year 2013, are in excess of $554,500,000 for programs authorized under
23 U.S.C. 402 and 405, section 2009 of Public Law 109-59 (as amended by
section 31106 of Public Law 112-141), and section 31101(a)(6) of Public
Law 112-141, of which $235,000,000 shall be for `Highway Safety
Programs' under 23 U.S.C. 402, $29,000,000 shall be for `High
Visibility Enforcement Program' under section 2009 of Public Law 109-59
(as amended by section 31106 of Public Law 112-141), $265,000,000 shall
be for `National Priority Safety Programs' under 23 U.S.C. 405, and
$25,500,000 shall be for `Administrative Expenses' under section
31101(a)(6) of Public Law 112-141: Provided further, That not to exceed
$500,000 of the funds made available for 23 U.S.C. 405 for `Impaired
Driving Countermeasures' (as described in subsection (d) of such
section) shall be available for technical assistance to the States.''
Sec. 1803. (a) Amounts provided by section 1101 for ``Department of
Transportation--Federal Transit Administration--Formula and Bus
Grants--(Liquidation of Contract Authority)--(Limitation on
Obligations)--(Highway Trust Fund)'' are available for payment of
obligations incurred in the Federal Public Transportation Assistance
Program in this account, and for payment of obligations incurred in
carrying out 49 U.S.C. 5305, 5307, 5310, 5311, 5318, 5322(d),
5329(e)(6), 5335, 5337, 5339, and 5340 (as amended by Public Law 112-
141), and 20005(b) of Public Law 112-141: Provided, That,
notwithstanding sections 1101 and 1104, the proviso under such heading
shall be applied to funds provided by this Act as if the proviso read
as follows: ``Provided, That funds available for the implementation or
execution of programs authorized by 49 U.S.C. 5305, 5307, 5310, 5311,
5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by
Public Law 112-141; and 20005(b) of Public Law 112-141 shall not exceed
obligations of $8,478,000,000.''.
(b) Notwithstanding sections 1101 and 1104, for necessary
administrative expenses of the Federal Transit Administration's
programs authorized by chapter 53 of title 49, United States Code, as
amended by Public Law 112-141, $102,713,000, to remain available until
expended, of which $4,000,000 shall be available to carry out 49 U.S.C.
5329.
(c) Notwithstanding sections 1101 and 1104, amounts provided for
``Department of Transportation--Federal Transit Administration--
Research and University Research Centers'' shall be available for
necessary expenses to carry out 49 U.S.C. 5312-5314 and 5322, as
amended by Public Law 112-141: Provided, That, of the amount provided
under this heading, not less than $35,000,000 shall be available to
carry out the provisions of 49 U.S.C. 5312.
(d) Notwithstanding section 1101, the language under the heading
``Department of Transportation--Federal Transit Administration--Capital
Investment Grants'' in division C of Public Law 112-55 shall be applied
to funds appropriated by this Act as if the language: ``, of which
$35,481,000'' and all that follows through the end of the first proviso
were deleted.
(e) Section 601(e)(1)(B) of division B of Public Law 110-432 shall
be applied by substituting the date specified in section 1106 of this
division for ``4 years after such date''.
Sec. 1804. Section 112 of division C of Public Law 112-55 shall be
applied to funds appropriated by this division by treating such section
as if it were amended by striking ``49 U.S.C. 41742(b) shall not apply,
and''.
Sec. 1805. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Community Planning and
Development, Homeless Assistance Grants'' shall be $2,033,000,000:
Provided, That the level for project-based rental assistance with
rehabilitation projects with 10-year grant terms shall be $0, and any
unobligated amounts appropriated under such heading for such purpose in
fiscal year 2012 or in any prior Act shall be applied in fiscal year
2013 by making any such amounts available for any purpose under such
heading: Provided further, That the first proviso shall be applied by
striking ``$250,000,000'' and inserting ``$200,000,000''.
Sec. 1806. Notwithstanding sections 1101 and 1104, the level for
``Department of Housing and Urban Development, Public and Indian
Housing, Indian Housing Loan Guarantee Fund Program Account'' shall be
$12,200,000: Provided, the second proviso under such heading in
division C of Public Law 112-55 shall be applied to funds appropriated
by this division by substituting ``$976,000,000'' for ``$360,000,000'';
Provided further, section 184(d) of the Housing and Community
Development Act of 1992 is amended to read as follows:
``(d) Guarantee Fee.--The Secretary shall establish and collect,
at the time of issuance of the guarantee, a fee for the guarantee of
loans under this section, in an amount not exceeding 3 percent of the
principal obligation of the loan. The Secretary may also establish and
collect annual premium payments in an amount not exceeding 1 percent of
the remaining guaranteed balance (excluding the portion of the
remaining balance attributable to the fee collected at the time of
issuance of the guarantee). The Secretary shall establish the amount of
the fees and premiums by publishing a notice in the Federal Register.
The Secretary shall deposit any fees and premiums collected under this
subsection in the Indian Housing Loan Guarantee Fund established under
subsection (i).''.
Sec. 1807. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public and Indian
Housing, Tenant-Based Rental Assistance'' shall be $14,939,369,000, to
remain available until expended, which shall be available on October 1,
2012 (in addition to the $4,000,000,000 previously appropriated under
such heading that became available on October 1, 2012), and,
notwithstanding section 1111, an additional $4,000,000,000, to remain
available until expended, shall be available on October 1, 2013:
Provided, That of the amounts available for such heading,
$1,375,000,000 shall be for activities specified in paragraph (3) under
such heading in title II of division C of Public Law 112-55: Provided
further, That in applying paragraph 1 under such heading in such Public
Law to 2013, under the penultimate proviso strike ``(4) for
incremental'' and all that follows up to the colon and insert ``(4) for
PHAs, that despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to terminate
participating families from the program due to insufficient funds''.
Sec. 1808. The heading ``Department of Housing and Urban
Development, Public and Indian Housing, Housing Certificate Fund
(rescission)'' in division C of Public Law 112-55 shall be applied by
striking ``(rescission)'' in the heading and by replacing all of the
language under such heading with the language under such heading in
division A of Public Law 111-117 and by striking ``2010'' in such
replacement language and inserting ``2013''.
Sec. 1809. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public and Indian
Housing, Public Housing Operating Fund'' shall be $4,262,010,000:
Provided, That such heading shall be applied in fiscal year 2013 by
striking ``, of which'' and all that follows up to the period.
Sec. 1810. Section 216 in division C of Public Law 112-55 shall be
applied in fiscal year 2013 by striking ``September 30, 2012'' and
inserting ``September 30, 2013''.
DIVISION G--OTHER MATTERS
Sec. 3001. (a) There is hereby rescinded the applicable percentage
(as specified in subsection (b)) of the budget authority provided (or
obligation limit imposed) for fiscal year 2013 for any discretionary
account in divisions A through E of this Act; and
(b) For purposes of subsection (a), the applicable percentage shall
be--
(1) for budget authority in the nonsecurity category (as
defined in section 250(c)(4)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, in--
(A) divisions A and E, 2.513. percent; and
(B) division B, 1.877 percent; and
(2) for budget authority in the security category (as
defined in section 250(c)(4)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985), 0.1 percent.
(c) Any rescission made by subsection (a) shall be applied
proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the applicable appropriation Act or
accompanying reports covering such account or item).
(d) This section shall not apply to amounts designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 or as being for disaster relief pursuant to
section 251(b)(2)(D) of such Act; and
(e) Within 30 days after the date of the enactment of this section,
the Director of the Office of Management and Budget shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report specifying the account and amount of each rescission
made pursuant to this section.
Sec. 3002. Notwithstanding any other provision of this Act, if, on
or after the date of enactment of this Act, a sequestration order
issued by the President pursuant to section 251A(7)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is in effect, the
reductions in each discretionary account under such order shall apply
to the amounts provided in this Act consistent with section 253(f) of
that Act, and shall be in addition to any reductions required by
section 251(a) of that Act.
Sec. 3003. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2013 for which the cost to the United States Government was more
than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to
and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted
by the departmental component or office in evaluating
potential contractors for the conference.
(c) Within 15 days of the date of a conference held by any
Executive branch department, agency, board, commission, or office
funded by this or any other appropriations Act during fiscal year 2013
for which the cost to the United States Government was more than
$20,000, the head of any such department, agency, board, commission, or
office shall notify the Inspector General or senior ethics official for
any entity without an Inspector General, of the date, location, and
number of employees attending such conference.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act to an Executive branch agency may not be
used for the purpose of defraying the costs of a conference described
in subsection (c) that is not directly and programmatically related to
the purpose for which the grant or contract was awarded, such as a
conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012.
Sec. 3004. (a) If, for fiscal year 2013, the amount of new budget
authority provided in appropriation Acts exceeds the discretionary
spending limits set forth in section 251(c)(2) of the Balanced Budget
and Emergency Deficit Control Act on new budget authority for any
category due to estimating differences with the Congressional Budget
Office, the Director of the Office of Management and Budget shall
increase the applicable percentage in subsection (c) with respect to
that category by such amount as is necessary to eliminate the amount of
the excess in that category.
(b) Subject to subsection (a), there is hereby rescinded the
applicable percentage (as specified in subsection (c)) of--
(1) the budget authority provided (or obligation limit
imposed) for fiscal year 2013 for any discretionary account in
divisions A through F of this Act;
(2) the budget authority provided in any advance
appropriation for fiscal year 2013 for any discretionary
account in any prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2013 for
any program subject to limitation incorporated or otherwise
contained in divisions A through F of this Act.
(c) For purposes of subsection (b), the applicable percentage shall
be--
(1) for budget authority in the nonsecurity category (as
defined in section 250(c)(4)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985), 0 percent; and
(2) for budget authority in the security category (as
defined in section 250(c)(4)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985), 0 percent.
(d) Any rescission made by subsection (b) shall be applied
proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the applicable appropriation Act or
accompanying reports covering such account or item).
(e) This section shall not apply to--
(1) amounts designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act; or
(2) the amount made available by division F of this Act for
``Social Security Administration, Limitation on Administrative
Expenses'' for continuing disability reviews under titles II
and XVI of the Social Security Act and for the cost associated
with conducting redeterminations of eligibility under title XVI
of the Social Security Act.
(f) Within 30 days after the date of the enactment of this section,
the Director of the Office of Management and Budget shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report specifying the account and amount of each rescission
made pursuant to this section.
Amend the title so as to read: ``An Act making consolidated
appropriations and further continuing appropriations for the
fiscal year ending September 30, 2013, and for other
purposes.''
Attest:
Secretary.
113th CONGRESS
1st Session
H.R. 933
_______________________________________________________________________
AMENDMENTS