[Congressional Record (Bound Edition), Volume 159 (2013), Part 3]
[Senate]
[Pages 3242-3314]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 26. Ms. MIKULSKI (for herself and Mr. Shelby) submitted an 
amendment intended to be proposed by her to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       Strike all after the enacting clause, and insert in lieu 
     thereof:
     That the following sums are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, for fiscal 
     year 2013, and for other purposes, namely:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Consolidated and Further 
     Continuing Appropriations Act, 2013''.

     SEC. 2. TABLE OF CONTENTS.

       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. Availabilty 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--Food and Drug Administration and Farm Credit 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--State, Foreign Operations, and Related Programs
Title VIII--Transportation and Housing and Urban Development, and 
              Related Agencies

                       DIVISION G--OTHER MATTERS

     SEC. 3. REFERENCES.

       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.

     SEC. 4. EXPLANATORY STATEMENT.

       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.

     SEC. 5. AVAILABILITY OF FUNDS.

       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

[[Page 3243]]

     $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

[[Page 3244]]

     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.

[[Page 3245]]



        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

[[Page 3246]]

     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.

[[Page 3247]]



                  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

[[Page 3248]]

     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.

[[Page 3249]]



                      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

[[Page 3250]]

     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-

[[Page 3251]]

     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

[[Page 3252]]

     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.
       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

[[Page 3253]]

     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

[[Page 3254]]

     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

[[Page 3255]]

     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

[[Page 3256]]

     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

[[Page 3257]]

     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

[[Page 3258]]

     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;

[[Page 3259]]

       (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

[[Page 3260]]

     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

[[Page 3261]]

     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.

[[Page 3262]]



                     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.

[[Page 3263]]



            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

[[Page 3264]]

     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.

[[Page 3265]]

       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.

[[Page 3266]]

       (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.
       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

[[Page 3267]]

     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,

[[Page 3268]]

     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

[[Page 3269]]

     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

[[Page 3270]]

     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

[[Page 3271]]

     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.

[[Page 3272]]

       (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

[[Page 3273]]

     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

[[Page 3274]]

     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.  The Secretary of Defense, notwithstanding any 
     other provision of law, acting through the Office of Economic 
     Adjustment of the Department of Defense, may use funds made 
     available in this Act under the heading ``Operation and 
     Maintenance, Defense-Wide'' to make grants and supplement 
     other Federal funds in accordance with the guidance provided 
     in the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act).
       Sec. 8040. (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. 8041.  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. 8042.  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. 8043.  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. 8044.  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. 8045.  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. 8046. (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. 8047.  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

[[Page 3275]]

     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. 8048.  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. 8049.  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. 8050. (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. 8051.  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. 8052.  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. 8053.  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. 8054. (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. 8055.  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. 8056.  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. 8057. (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. 8058. (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.

[[Page 3276]]

       (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. 8059.  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. 8060.  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. 8061.  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. 8062.  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. 8063.  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. 8064.  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. 8065.  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. 8066.  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. 8067.  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. 8068.  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. 8069.  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. 8070.  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. 8071.  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. 8072. (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

[[Page 3277]]

     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. 8073.  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. 8074.  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. 8075.  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. 8076.  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. 8077.  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. 8078.  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. 8079.  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. 8080.  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. 8081. (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. 8082.  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. 8083.  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. 8084. (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. 8085.  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. 8086.  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. 8087.  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. 8088.  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. 8089. (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

[[Page 3278]]

       (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. 8090.  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. 8091. (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. 8092.  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. 8093.  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. 8094.  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. 8095.  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. 8096.  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. 8097. (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. 8098. (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. 8099.  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. 8100.  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. 8101.  The Office of the Director of National 
     Intelligence shall not employ more Senior Executive employees 
     than are specified in the classified annex.
       Sec. 8102.  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

[[Page 3279]]

     title 5, Code of Federal Regulations) to the Office of 
     Government Ethics.
       Sec. 8103.  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.
       Sec. 8104.  Of the amounts appropriated for ``Operation and 
     Maintenance, Defense-Wide'', the following amounts shall be 
     available to the Secretary of Defense, for the following 
     authorized purposes, notwithstanding any other provision of 
     law, acting through the Office of Economic Adjustment of the 
     Department of Defense, to make grants, conclude cooperative 
     agreements, and supplement other Federal funds, to remain 
     available until expended, to assist the civilian population 
     of Guam in response to the military buildup of Guam: (1) 
     $13,000,000 for addressing the need for construction of a 
     regional public health laboratory; and (2) $106,400,000 for 
     addressing the need for civilian water and wastewater 
     improvements:  Provided, That the Secretary of Defense shall, 
     not fewer than 15 days prior to obligating funds for either 
     of the foregoing purposes, notify the congressional defense 
     committees in writing of the details of any such obligation.

                     (including transfer of funds)

       Sec. 8105.  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. 8106.  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. 8107.  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. 8108.  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. 8109.  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. 8110.  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. 8111.  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. 8112. (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

[[Page 3280]]

     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. 8113. (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. 8114.  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. 8115.  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. 8116.  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. 8117.  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. 8118.  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. 8119.  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. 8120.  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. 8121.  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. 8122.  None of the funds made available by this Act 
     shall be used to retire C-23 Sherpa aircraft.
       Sec. 8123.  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. 8124.  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. 8125.  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. 8126.  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. 8127.  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. 8128.  None of the funds made available by this Act 
     may be used to enter into a contract with any person or other 
     entity listed

[[Page 3281]]

     in the Excluded Parties List System (EPLS)/System for Award 
     Management (SAM) as having been convicted of fraud against 
     the Federal Government.
       Sec. 8129.  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. 8130.  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.

                                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.

[[Page 3282]]



             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.

[[Page 3283]]



                       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

[[Page 3284]]

     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

[[Page 3285]]

     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

[[Page 3286]]

     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

[[Page 3287]]

     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

[[Page 3288]]

     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 a grant 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

[[Page 3289]]

     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:

[[Page 3290]]

       (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;

[[Page 3291]]

       (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.

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                         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;

[[Page 3293]]

       (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

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     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

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     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).

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       (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

[[Page 3297]]

     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'';

[[Page 3298]]

       (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''.
       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

[[Page 3299]]

     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

[[Page 3300]]

     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

[[Page 3301]]

     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

[[Page 3302]]

     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

[[Page 3303]]

     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

[[Page 3304]]

     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''

[[Page 3305]]

     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,

[[Page 3306]]

     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-

[[Page 3307]]

     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

[[Page 3308]]

     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,

[[Page 3309]]

     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.

                                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

[[Page 3310]]

     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

[[Page 3311]]

     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 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''.
       (e) 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'''.
       (f) 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.''.
       (g) 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''.
       (h) 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''.
       (i) 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

[[Page 3312]]

     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-

[[Page 3313]]

     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), 0.092 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 C 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

[[Page 3314]]

       (2) the amount made available by division C 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.

                          ____________________