[113th Congress Public Law 6]
[From the U.S. Government Publishing Office]



[[Page 197]]

      CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2013

[[Page 127 STAT. 198]]

Public Law 113-6
113th Congress

                                 An Act


 
Making consolidated appropriations and further continuing appropriations 
      for the fiscal year ending September 30, 2013, and for other 
            purposes. <<NOTE: Mar. 26, 2013 -  [H.R. 933]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Consolidated and 
Further Continuing Appropriations Act, 2013.>> 


                               short title


    Section 1. This Act may be cited as the ``Consolidated and Further 
Continuing Appropriations Act, 2013''.


                            table of contents


    Sec. 2. The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Availability of funds.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
      ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2013

Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General provisions

      DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2013

Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related agencies
Title V--General provisions

       DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2013

Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related agencies
Title VIII--General provisions
Title IX--Overseas contingency operations

  DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2013

Title I--Departmental management and operations

[[Page 127 STAT. 199]]

Title II--Security, enforcement, and investigations
Title III--Protection, preparedness, response, and recovery
Title IV--Research and development, training, and services
Title V--General provisions

  DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2013

Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions

         DIVISION F--FURTHER CONTINUING APPROPRIATIONS ACT, 2013

Title I--General Provisions
Title II--Energy and Water Development
Title III--Financial Services and General Government
Title IV--Interior, Environment, and Related Agencies
Title V--Labor, Health and Human Services, and Education, and Related 
           Agencies
Title VI--Legislative Branch
Title VII--Department of State, Foreign Operations, and Related Programs
Title VIII--Transportation and Housing and Urban Development, and 
           Related Agencies

                        DIVISION G--OTHER MATTERS


                               references


    Sec. 3. Except <<NOTE: 1 USC 1 note.>>  as expressly provided 
otherwise, any reference to ``this Act'' contained in division A, B, C, 
D, or E of this Act shall be treated as referring only to the provisions 
of that division.


                          explanatory statement


    Sec. 4. The explanatory statement regarding this Act printed in the 
Senate section of the Congressional Record on or about March 11, 2013, 
by the Chairwoman of the Committee on Appropriations of the Senate shall 
have the same effect with respect to the allocation of funds and 
implementation of this Act as if it were a joint explanatory statement 
of a committee of conference.


                          availability of funds


    Sec. 5. Each <<NOTE: President.>> amount designated in this Act by 
the Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 shall be available (or rescinded, if 
applicable) only if the President subsequently so designates all such 
amounts and transmits such designations to the Congress.

     DIVISION <<NOTE: Agriculture, Rural Development, Food and Drug 
  Administration, and Related Agencies Appropriations Act, 2013.>> A--
   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
RELATED AGENCIES APPROPRIATIONS ACT, 2013

     The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2013, for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs and for other purposes, 
namely:

[[Page 127 STAT. 200]]

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                         Office of the Secretary

                     (including transfers of funds)

    For necessary expenses of the Office of the Secretary, $46,388,000, 
of which not to exceed $5,051,000 shall be available for the immediate 
Office of the Secretary; not to exceed $498,000 shall be available for 
the Office of Tribal Relations; not to exceed $1,496,000 shall be 
available for the Office of Homeland Security and Emergency 
Coordination; not to exceed $1,422,000 shall be available for the Office 
of Advocacy and Outreach; not to exceed $25,046,000 shall be available 
for the Office of the Assistant Secretary for Administration, of which 
$24,242,000 shall be available for Departmental Administration to 
provide for necessary expenses for management support services to 
offices of the Department and for general administration, security, 
repairs and alterations, and other miscellaneous supplies and expenses 
not otherwise provided for and necessary for the practical and efficient 
work of the Department; not to exceed $3,869,000 shall be available for 
the Office of Assistant Secretary for Congressional Relations to carry 
out the programs funded by this Act, including programs involving 
intergovernmental affairs and liaison within the executive branch; and 
not to exceed $9,006,000 shall be available for the Office of 
Communications:  Provided, That the Secretary of Agriculture is 
authorized to transfer funds appropriated for any office of the Office 
of the Secretary to any other office of the Office of the Secretary:  
Provided further, That no appropriation for any office shall be 
increased or decreased by more than 5 percent:  Provided further, That 
not to exceed $11,000 of the amount made available under this paragraph 
for the immediate Office of the Secretary shall be available for 
official reception and representation expenses, not otherwise provided 
for, as determined by the Secretary:  Provided further, That the amount 
made available under this heading for Departmental Administration shall 
be reimbursed from applicable appropriations in this Act for travel 
expenses incident to the holding of hearings as required by 5 U.S.C. 
551-558:  Provided further, That funds made available under this heading 
for the Office of Assistant Secretary for Congressional Relations may be 
transferred to agencies of the Department of Agriculture funded by this 
Act to maintain personnel at the agency <<NOTE: Obligation 
availability. Deadline. Notification.>> level:  Provided further, That 
no funds made available under this heading for the Office of Assistant 
Secretary for Congressional Relations may be obligated after 30 days 
from the date of enactment of this Act, unless the Secretary has 
notified the Committees on Appropriations of both Houses of Congress on 
the allocation of these funds by USDA agency.

                          Executive Operations

                      office of the chief economist

    For <<NOTE: Deadline.>> necessary expenses of the Office of the 
Chief Economist, $16,008,000, of which $4,000,000 shall be for grants or 
cooperative

[[Page 127 STAT. 201]]

agreements for policy research under 7 U.S.C. 3155 and shall be 
obligated within 90 days of the enactment of this Act.

                        national appeals division

    For necessary expenses of the National Appeals Division, 
$14,225,000.

                  office of budget and program analysis

    For necessary expenses of the Office of Budget and Program Analysis, 
$9,049,000.

                 Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $44,031,000.

                  Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, <<NOTE: Reports.>>  $6,247,000:  Provided, That no funds made 
available by this appropriation may be obligated for FAIR Act or 
Circular A-76 activities until the Secretary has submitted to the 
Committees on Appropriations of both Houses of Congress and the 
Committee on Oversight and Government Reform of the House of 
Representatives a report on the Department's contracting out policies, 
including agency budgets for contracting out.

           Office of the Assistant Secretary for Civil Rights

    For necessary expenses of the Office of the Assistant Secretary for 
Civil Rights, $893,000.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $22,692,000.

        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

    For payment of space rental and related costs pursuant to Public Law 
92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486, for programs and activities of the 
Department which are included in this Act, and for alterations and other 
actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and for 
related costs, $271,336,000, to remain available until expended, of 
which $175,694,000 shall be available for payments to the General 
Services Administration for rent; of which $13,473,000 is for payments 
to the Department of Homeland Security for building security activities; 
and of which $82,169,000 is for buildings operations and maintenance 
expenses:

[[Page 127 STAT. 202]]

 Provided, That the Secretary may use unobligated prior year balances of 
an agency or office that are no longer available for new obligation to 
cover shortfalls incurred in prior year rental payments for such agency 
or office:  Provided further, That the Secretary is authorized to 
transfer funds from a Departmental agency to this account to recover the 
full cost of the space and security expenses of that agency that are 
funded by this account when the actual costs exceed the agency estimate 
which will be available for the activities and payments described 
herein.

                     Hazardous Materials Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and 
Recovery Act (42 U.S.C. 6901 et seq.), $3,992,000, to remain available 
until expended:  Provided, That appropriations and funds available 
herein to the Department for Hazardous Materials Management may be 
transferred to any agency of the Department for its use in meeting all 
requirements pursuant to the above Acts on Federal and non-Federal 
lands.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General, including 
employment pursuant to the Inspector General Act of 1978, $89,016,000, 
including such sums as may be necessary for contracting and other 
arrangements with public agencies and private persons pursuant to 
section 6(a)(9) of the Inspector General Act of 1978, and including not 
to exceed $125,000 for certain confidential operational expenses, 
including the payment of informants, to be expended under the direction 
of the Inspector General pursuant to Public Law 95-452 and section 1337 
of Public Law 97-98.

                      Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$45,074,000.

                            Office of Ethics

    For necessary expenses of the Office of Ethics, $3,405,000.

   Office of the Under Secretary for Research, Education and Economics

    For necessary expenses of the Office of the Under Secretary for 
Research, Education and Economics, $893,000.

                        Economic Research Service

    For necessary expenses of the Economic Research Service, 
$77,397,000.

[[Page 127 STAT. 203]]

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service, $179,477,000, of which up to $62,500,000 shall be available 
until expended for the Census of Agriculture.

                      Agricultural Research Service

                          salaries and expenses

    For necessary expenses of the Agricultural Research Service and for 
acquisition of lands by donation, exchange, or purchase at a nominal 
cost not to exceed $100, and for land exchanges where the lands 
exchanged shall be of equal value or shall be equalized by a payment of 
money to the grantor which shall not exceed 25 percent of the total 
value of the land or interests transferred out of Federal 
ownership, <<NOTE: 7 USC 2254.>>  $1,101,853,000:  Provided, That 
appropriations hereunder shall be available for the operation and 
maintenance of aircraft and the purchase of not to exceed one for 
replacement only:  Provided further, That appropriations hereunder shall 
be available pursuant to 7 U.S.C. 2250 for the construction, alteration, 
and repair of buildings and improvements, but unless otherwise provided, 
the cost of constructing any one building shall not exceed $375,000, 
except for headhouses or greenhouses which shall each be limited to 
$1,200,000, and except for 10 buildings to be constructed or improved at 
a cost not to exceed $750,000 each, and the cost of altering any one 
building during the fiscal year shall not exceed 10 percent of the 
current replacement value of the <<NOTE: Maryland.>> building or 
$375,000, whichever is greater:  Provided further, That the limitations 
on alterations contained in this Act shall not apply to modernization or 
replacement of existing facilities at <<NOTE: Easements.>> Beltsville, 
Maryland:  Provided further, That appropriations hereunder shall be 
available for granting easements at the Beltsville Agricultural Research 
Center:  Provided further, That the foregoing limitations shall not 
apply to replacement of buildings needed to carry out the Act of April 
24, 1948 (21 U.S.C. 113a):  Provided further, <<NOTE: Easements.>> That 
appropriations hereunder shall be available for granting easements at 
any Agricultural Research Service location for the construction of a 
research facility by a non-Federal entity for use by, and acceptable to, 
the Agricultural Research Service and a condition of the easements shall 
be that upon completion the facility shall be accepted by the Secretary, 
subject to the availability of funds herein, if the Secretary finds that 
acceptance of the facility is in the interest of the United States:  
Provided further, That section 732(b) of division A of Public Law 112-55 
(125 Stat. 587) is amended by adding at the end the following new 
sentence: <<NOTE: Expiration date.>>  ``The conveyance authority 
provided by this subsection expires September 30, 2013, and all 
conveyances under this subsection must be completed by that date.'':  
Provided further, That funds may be received from any State, other 
political subdivision, organization, or individual for the purpose of 
establishing or operating any research facility or research project of 
the Agricultural Research Service, as authorized by law.

[[Page 127 STAT. 204]]

               National Institute of Food and Agriculture

                    research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$738,638,000, which shall be for the purposes, and in the amounts, 
specified in the table titled ``National Institute of Food and 
Agriculture, Research and Education Activities'' in the report 
accompanying this Act:  Provided, That funds for research grants for 
1994 institutions, education grants for 1890 institutions, capacity 
building for non-land-grant colleges of agriculture, the agriculture and 
food research initiative, Critical Agricultural Materials Act, 
veterinary medicine loan repayment, multicultural scholars, graduate 
fellowship and institution challenge grants, and grants management 
systems shall remain available until expended:  Provided further, That 
each institution eligible to receive funds under the Evans-Allen program 
receives no less than $1,000,000:  Provided further, That funds for 
education grants for Alaska Native and Native Hawaiian-serving 
institutions be made available to individual eligible institutions or 
consortia of eligible institutions with funds awarded equally to each of 
the States of Alaska and Hawaii:  Provided further, That funds for 
education grants for 1890 institutions shall be made available to 
institutions eligible to receive funds under 7 U.S.C. 3221 and 3222.

               native american institutions endowment fund

    For the Native American Institutions Endowment Fund authorized by 
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available 
until expended.

                          extension activities

    For payments to States, the District of Columbia, Puerto Rico, Guam, 
the Virgin Islands, Micronesia, the Northern Marianas, and American 
Samoa, $475,854,000, which shall be for the purposes, and in the 
amounts, specified in the table titled ``National Institute of Food and 
Agriculture, Extension Activities'' in the report accompanying this Act: 
 Provided, That funds for facility improvements at 1890 institutions 
shall remain available until expended:  Provided further, That 
institutions eligible to receive funds under 7 U.S.C. 3221 for 
cooperative extension receive no less than $1,000,000:  Provided 
further, That funds for cooperative extension under sections 3(b) and 
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c) 
of Public Law 93-471 shall be available for retirement and employees' 
compensation costs for extension agents.

                          integrated activities

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $21,482,000, 
which shall be for the purposes, and in the amounts, specified in the 
table titled ``National Institute of Food and Agriculture, Integrated 
Activities'' in the report accompanying this Act:  Provided, That funds 
for the Food and Agriculture Defense Initiative shall remain available 
until September 30, 2014.

[[Page 127 STAT. 205]]

   Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary expenses of the Office of the Under Secretary for 
Marketing and Regulatory Programs, $893,000.

               Animal and Plant Health Inspection Service

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Animal and Plant Health Inspection 
Service, including up to $30,000 for representation allowances and for 
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), 
$821,851,000, of which $1,500,000, to remain available until expended, 
shall be available for the control of outbreaks of insects, plant 
diseases, animal diseases and for control of pest animals and birds 
(``contingency fund'') to the extent necessary to meet emergency 
conditions; of which $15,970,000, to remain available until expended, 
shall be used for the cotton pests program for cost share purposes or 
for debt retirement for active eradication zones; of which $36,858,000, 
to remain available until expended, shall be for Animal Health Technical 
Services; of which $696,000 shall be for activities under the authority 
of the Horse Protection Act of 1970, as amended (15 U.S.C. 1831); of 
which $52,000,000, to remain available until expended, shall be used to 
support avian health; of which $4,335,000, to remain available until 
expended, shall be for information technology infrastructure; of which 
$153,950,000, to remain available until expended, shall be for specialty 
crop pests; of which, $9,068,000, to remain available until expended, 
shall be for field crop and rangeland ecosystem pests; of which 
$56,638,000, to remain available until expended, shall be for tree and 
wood pests; of which $2,750,000, to remain available until expended, 
shall be for the National Veterinary Stockpile; of which up to 
$1,500,000, to remain available until expended, shall be for the scrapie 
program for indemnities; of which $1,500,000, to remain available until 
expended, shall be for the wildlife damage management program for 
aviation safety:  Provided, That of amounts available under this heading 
for wildlife services methods development, $1,000,000 shall remain 
available until expended:  Provided further, That of amounts available 
under this heading for the screwworm program, $4,971,000 shall remain 
available until expended:  Provided further, That no funds shall be used 
to formulate or administer a brucellosis eradication program for the 
current fiscal year that does not require minimum matching by the States 
of at least 40 percent:  Provided further, That this appropriation shall 
be available for the operation and maintenance of aircraft and the 
purchase of not to exceed four, of which two shall be for replacement 
only:  Provided further, That in addition, in emergencies which threaten 
any segment of the agricultural production industry of this country, the 
Secretary may transfer from other appropriations or funds available to 
the agencies or corporations of the Department such sums as may be 
deemed necessary, to be available only in such emergencies for the 
arrest and eradication of contagious or infectious disease or pests of 
animals, poultry, or plants, and for expenses in accordance with 
sections 10411 and 10417 of the Animal Health Protection Act (7

[[Page 127 STAT. 206]]

U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection 
Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds 
transferred for such emergency purposes in the preceding fiscal year 
shall be merged with such transferred amounts:  Provided further, That 
appropriations hereunder shall be available pursuant to law (7 U.S.C. 
2250) for the repair and alteration of leased buildings and 
improvements, but unless otherwise provided the cost of altering any one 
building during the fiscal year shall not exceed 10 percent of the 
current replacement value of the building.
    In <<NOTE: Fees.>> fiscal year 2013, the agency is authorized to 
collect fees to cover the total costs of providing technical assistance, 
goods, or services requested by States, other political subdivisions, 
domestic and international organizations, foreign governments, or 
individuals, provided that such fees are structured such that any 
entity's liability for such fees is reasonably based on the technical 
assistance, goods, or services provided to the entity by the agency, and 
such fees shall be reimbursed to this account, to remain available until 
expended, without further appropriation, for providing such assistance, 
goods, or services.

                        buildings and facilities

    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and purchase 
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and 
acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to 
remain available until expended.

                     Agricultural Marketing Service

                           Marketing Services

    For necessary expenses of the Agricultural Marketing Service, 
$78,863,000:  Provided, That this appropriation shall be available 
pursuant to law (7 U.S.C. 2250) for the alteration and repair of 
buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.
    Fees may be collected for the cost of standardization activities, as 
established by regulation pursuant to law (31 U.S.C. 9701).

                  limitation on administrative expenses

    Not to exceed $62,592,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses:  
Provided, <<NOTE: Notification.>> That if crop size is understated and/
or other uncontrollable events occur, the agency may exceed this 
limitation by up to 10 percent with notification to the Committees on 
Appropriations of both Houses of Congress.

    funds for strengthening markets, income, and supply (section 32)

                     (including transfers of funds)

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program

[[Page 127 STAT. 207]]

expenses as authorized therein, and other related operating expenses, 
except for: (1) transfers to the Department of Commerce as authorized by 
the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise 
provided in this Act; and (3) not more than $20,056,000 for formulation 
and administration of marketing agreements and orders pursuant to the 
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 
1961.

                   payments to states and possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$1,331,000.

         Grain Inspection, Packers and Stockyards Administration

                          salaries and expenses

    For necessary expenses of the Grain Inspection, Packers and 
Stockyards Administration, $40,261,000:  Provided, That this 
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the 
alteration and repair of buildings and improvements, but the cost of 
altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.

         limitation on inspection and weighing services expenses

    Not to exceed $50,000,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing 
services: <<NOTE: Notification.>>   Provided, That if grain export 
activities require additional supervision and oversight, or other 
uncontrollable factors occur, this limitation may be exceeded by up to 
10 percent with notification to the Committees on Appropriations of both 
Houses of Congress.

              Office of the Under Secretary for Food Safety

    For necessary expenses of the Office of the Under Secretary for Food 
Safety, $811,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $1,001,427,000; and in 
addition, $1,000,000 may be credited to this account from fees collected 
for the cost of laboratory accreditation as authorized by section 1327 
of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 
138f):  Provided, That funds provided for the Public Health Data 
Communication Infrastructure system shall remain available 
until <<NOTE: Employment positions.>> expended:  Provided further, That 
no fewer than 148 full-time equivalent positions shall be employed 
during fiscal year 2013 for purposes dedicated solely to inspections and 
enforcement related to the Humane Methods of Slaughter Act:  Provided 
further, That the Food Safety and Inspection Service shall continue 
implementation of section 11016 of

[[Page 127 STAT. 208]]

Public Law 110-246:  Provided further, That this appropriation shall be 
available pursuant to law (7 U.S.C. 2250) for the alteration and repair 
of buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.

Office of the Under Secretary for Farm and Foreign Agricultural Services

    For necessary expenses of the Office of the Under Secretary for Farm 
and Foreign Agricultural Services, $893,000.

                           Farm Service Agency

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Farm Service Agency, $1,208,290,000:  
Provided, That the Secretary is authorized to use the services, 
facilities, and authorities (but not the funds) of the Commodity Credit 
Corporation to make program payments for all programs administered by 
the Agency:  Provided further, That other funds made available to the 
Agency for authorized activities may be advanced to and merged with this 
account:  Provided further, That funds made available to county 
committees shall remain available until expended.

                         state mediation grants

    For grants pursuant to section 502(b) of the Agricultural Credit Act 
of 1987, as amended (7 U.S.C. 5101-5106), $4,369,000.

               grassroots source water protection program

    For necessary expenses to carry out wellhead or groundwater 
protection activities under section 1240O of the Food Security Act of 
1985 (16 U.S.C. 3839bb-2), $5,500,000, to remain available until 
expended.

                         dairy indemnity program

                      (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, such sums as may be necessary, to remain available 
until expended:  Provided, That such program is carried out by the 
Secretary in the same manner as the dairy indemnity program described in 
the Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 
1549A-12).

           agricultural credit insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating

[[Page 127 STAT. 209]]

(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.), 
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans 
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.), 
and Indian highly fractionated land loans (25 U.S.C. 488) to be 
available from funds in the Agricultural Credit Insurance Fund, as 
follows: $1,500,000,000 for guaranteed farm ownership loans and 
$475,000,000 for farm ownership direct loans; $1,500,000,000 for 
unsubsidized guaranteed operating loans and $1,050,090,000 for direct 
operating loans; emergency loans, $34,658,000; Indian tribe land 
acquisition loans, $2,000,000; guaranteed conservation loans, 
$150,000,000; Indian highly fractionated land loans, $10,000,000; and 
for boll weevil eradication program loans, <<NOTE: Pink Bollworm.>>  
$100,000,000:  Provided, That the Secretary shall deem the pink bollworm 
to be a boll weevil for the purpose of boll weevil eradication program 
loans.

    For the cost of direct and guaranteed loans and grants, including 
the cost of modifying loans as defined in section 502 of the 
Congressional Budget Act of 1974, as follows: farm ownership, 
$20,140,000 for direct loans; farm operating loans, $58,490,000 for 
direct operating loans, $17,850,000 for unsubsidized guaranteed 
operating loans, emergency loans, $1,317,000, to remain available until 
expended; and Indian highly fractionated land loans, $173,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $312,897,000, of which $304,977,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership, operating and conservation direct 
loans and guaranteed loans may be transferred among 
these <<NOTE: Notification. Deadline.>> programs:  Provided, That the 
Committees on Appropriations of both Houses of Congress are notified at 
least 15 days in advance of any transfer.

                         Risk Management Agency

    For necessary expenses of the Risk Management Agency, $74,900,000:  
Provided, That the funds made available under section 522(e) of the 
Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the Common 
Information Management System:  Provided further, That not to exceed 
$1,000 shall be available for official reception and representation 
expenses, as authorized by 7 U.S.C. 1506(i).

                              CORPORATIONS

    The <<NOTE: Contracts.>> following corporations and agencies are 
hereby authorized to make expenditures, within the limits of funds and 
borrowing authority available to each such corporation or agency and in 
accord with law, and to make contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of the Government 
Corporation Control Act as may be necessary in carrying out the programs 
set forth in the budget for the current fiscal year for such corporation 
or agency, except as hereinafter provided.

[[Page 127 STAT. 210]]

                 Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain 
available until expended.

                    Commodity Credit Corporation Fund

                  reimbursement for net realized losses

                     (including transfers of funds)

    For the current fiscal year, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 of the 
Act of August 17, 1961 (15 U.S.C. 713a-11):  Provided, That of the funds 
available to the Commodity Credit Corporation under section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the 
conduct of its business with the Foreign Agricultural Service, up to 
$5,000,000 may be transferred to and used by the Foreign Agricultural 
Service for information resource management activities of the Foreign 
Agricultural Service that are not related to Commodity Credit 
Corporation business.

                       hazardous waste management

                        (limitation on expenses)

    For the current fiscal year, the Commodity Credit Corporation shall 
not expend more than $5,000,000 for site investigation and cleanup 
expenses, and operations and maintenance expenses to comply with the 
requirement of section 107(g) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 
6961).

                                TITLE II

                          CONSERVATION PROGRAMS

   Office of the Under Secretary for Natural Resources and Environment

    For necessary expenses of the Office of the Under Secretary for 
Natural Resources and Environment, $893,000.

                 Natural Resources Conservation Service

                         conservation operations

    For necessary expenses for carrying out the provisions of the Act of 
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation 
plans and establishment of measures to conserve soil and water 
(including farm irrigation and land drainage and such special measures 
for soil and water management as may be necessary to prevent floods and 
the siltation of reservoirs and to control agricultural related 
pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests

[[Page 127 STAT. 211]]

therein for use in the plant materials program by donation, exchange, or 
purchase at a nominal cost not to exceed $100 pursuant to the Act of 
August 3, 1956 (7 U.S.C. 428a); purchase and erection or alteration or 
improvement of permanent and temporary buildings; and operation and 
maintenance of aircraft, $830,998,000, to remain available until 
September 30, 2014:  Provided, That appropriations hereunder shall be 
available pursuant to 7 U.S.C. 2250 for construction and improvement of 
buildings and public improvements at plant materials centers, except 
that the cost of alterations and improvements to other buildings and 
other public improvements shall not exceed $250,000:  Provided further, 
That when buildings or other structures are erected on non-Federal land, 
that the right to use such land is obtained as provided in 7 U.S.C. 
2250a.

                    watershed rehabilitation program

    Under the authorities of section 14 of the Watershed Protection and 
Flood Prevention Act, $14,700,000 is provided.

                                TITLE III

                       RURAL DEVELOPMENT PROGRAMS

           Office of the Under Secretary for Rural Development

    For necessary expenses of the Office of the Under Secretary for 
Rural Development, $893,000.

                 Rural Development Salaries and Expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission area, 
including activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative agreements; 
$206,857,000:  Provided, That notwithstanding any other provision of 
law, funds appropriated under this heading may be used for advertising 
and promotional activities that support the Rural Development mission 
area:  Provided further, That any balances available from prior years 
for the Rural Utilities Service, Rural Housing Service, and the Rural 
Business--Cooperative Service salaries and expenses accounts shall be 
transferred to and merged with this appropriation.

                          Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, to 
be available from funds in the rural housing insurance fund, as follows: 
$900,000,000 shall be for direct loans and $24,000,000,000 shall be for 
unsubsidized guaranteed loans; $27,952,000 for section 504 housing 
repair loans; $31,277,000 for section 515 rental housing; $150,000,000 
for section 538 guaranteed

[[Page 127 STAT. 212]]

multi-family housing loans; $10,000,000 for credit sales of single 
family housing acquired property; and $5,000,000 for section 523 self-
help housing land development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $53,730,000 shall be for 
direct loans; section 504 housing repair loans, $3,821,000; and repair, 
rehabilitation, and new construction of section 515 rental housing, 
$11,000,000:  Provided, That to support the loan program level for 
section 538 guaranteed loans made available under this heading the 
Secretary may charge or adjust any fees to cover the projected cost of 
such loan guarantees pursuant to the provisions of the Credit Reform Act 
of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may not 
be subsidized:  Provided further, That applicants in communities that 
have a current rural area waiver under section 541 of the Housing Act of 
1949 (42 U.S.C. 1490q) shall be treated as living in a rural area for 
purposes of section 502 guaranteed loans provided under this heading:  
Provided further, That of the total amount appropriated in this 
paragraph, the amount equal to the amount of Rural Housing Insurance 
Fund Program Account funds allocated by the Secretary for Rural Economic 
Area Partnership Zones for the fiscal year 2012, shall be available 
through June 30, 2013, for communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones:  Provided further, 
That of the amounts available under this paragraph for section 502 
direct loans, no less than $5,000,000 shall be available for direct 
loans for individuals whose homes will be built pursuant to a program 
funded with a mutual and self help housing grant authorized by section 
523 of the Housing Act of 1949 until June 1, 2013.
    In addition, for the cost of direct loans, grants, and contracts, as 
authorized by 42 U.S.C. 1484 and 1486, $16,526,000, to remain available 
until expended, for direct farm labor housing loans and domestic farm 
labor housing grants and contracts:  Provided, That any balances 
available for the Farm Labor Program Account shall be transferred to and 
merged with this account.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $410,627,000 shall be transferred 
to and merged with the appropriation for ``Rural Development, Salaries 
and Expenses''.

                        rental assistance program

    For rental assistance agreements entered into or renewed pursuant to 
the authority under section 521(a)(2) or agreements entered into in lieu 
of debt forgiveness or payments for eligible households as authorized by 
section 502(c)(5)(D) of the Housing Act of 1949, $907,128,000; and, in 
addition, such sums as may be necessary, as authorized by section 521(c) 
of the Act, to liquidate debt incurred prior to fiscal year 1992 to 
carry out the rental assistance program under section 521(a)(2) of the 
Act:  Provided, That of this amount not less than $3,000,000 is 
available for newly constructed units financed under sections 514 and 
516 of the Housing Act of <<NOTE: Time period.>> 1949:  Provided 
further, That rental assistance agreements entered into or renewed 
during the current fiscal year shall be funded for a 1-year period:  
Provided further, That any unexpended balances remaining at the end of 
such 1-year agreements

[[Page 127 STAT. 213]]

may be transferred and used for the purposes of any debt reduction; 
maintenance, repair, or rehabilitation of any existing projects; 
preservation; and rental assistance activities authorized under title V 
of the <<NOTE: Time period.>> Act:  Provided further, That rental 
assistance provided under agreements entered into prior to fiscal year 
2013 for a farm labor multi-family housing project financed under 
section 514 or 516 of the Act may not be recaptured for use in another 
project until such assistance has remained unused for a period of 12 
consecutive months, if such project has a waiting list of tenants 
seeking such assistance or the project has rental assistance eligible 
tenants who are not receiving such <<NOTE: Applicability.>> assistance:  
Provided further, That such recaptured rental assistance shall, to the 
extent practicable, be applied to another farm labor multi-family 
housing project financed under section 514 or 516 of the Act.

 multi-family housing revitalization <<NOTE: Vouchers. Loans.>> program 
account

    For the rural housing voucher program as authorized under section 
542 of the Housing Act of 1949, but notwithstanding subsection (b) of 
such section, and for additional costs to conduct a demonstration 
program for the preservation and revitalization of multi-family rental 
housing properties described in this paragraph, $27,782,000, to remain 
available until expended:  Provided, That of the funds made available 
under this heading, $10,000,000, shall be available for rural housing 
vouchers to any low-income household (including those not receiving 
rental assistance) residing in a property financed with a section 515 
loan which has been prepaid after September 30, 2005:  Provided further, 
That the amount of such voucher shall be the difference between 
comparable market rent for the section 515 unit and the tenant paid rent 
for such unit:  Provided further, That funds made available for such 
vouchers shall be subject to the availability of annual appropriations:  
Provided further, That the Secretary shall, to the maximum extent 
practicable, administer such vouchers with current regulations and 
administrative guidance applicable to section 8 housing vouchers 
administered by the Secretary of the Department of Housing and Urban 
Development:  Provided further, That if the Secretary determines that 
the amount made available for vouchers in this or any other Act is not 
needed for vouchers, the Secretary may use such funds for the 
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph:  Provided 
further, That of the funds made available under this heading, 
$17,782,000 shall be available for a demonstration program for the 
preservation and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA multi-
family housing loans, as the Secretary deems appropriate, expressly for 
the purposes of ensuring the project has sufficient resources to 
preserve the project for the purpose of providing safe and affordable 
housing for low-income residents and farm laborers including reducing or 
eliminating interest; deferring loan payments, subordinating, reducing 
or reamortizing loan debt; and other financial assistance including 
advances, payments and incentives (including the ability of owners to 
obtain reasonable returns on investment) required by 
the <<NOTE: Contracts.>> Secretary:  Provided further, That the 
Secretary shall as part of the preservation and revitalization agreement 
obtain a

[[Page 127 STAT. 214]]

restrictive use agreement consistent with the terms of the 
restructuring:  Provided further, That if the Secretary determines that 
additional funds for vouchers described in this paragraph are needed, 
funds for the preservation and revitalization demonstration program may 
be used for such vouchers:  Provided further, That if Congress enacts 
legislation to permanently authorize a multi-family rental housing loan 
restructuring program similar to the demonstration program described 
herein, the Secretary may use funds made available for the demonstration 
program under this heading to carry out such legislation with the prior 
approval of the Committees on Appropriations of both Houses of Congress: 
 Provided further, That in addition to any other available funds, the 
Secretary may expend not more than $1,000,000 total, from the program 
funds made available under this heading, for administrative expenses for 
activities funded under this heading.

                   mutual and self-help housing grants

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain available 
until expended:  Provided, That of the total amount appropriated under 
this heading, the amount equal to the amount of Mutual and Self-Help 
Grants allocated by the Secretary for Rural Economic Area Partnership 
Zones for the fiscal year 2012, shall be available through June 30, 
2013, for communities designated by the Secretary of Agriculture as 
Rural Economic Area Partnership Zones.

                     rural housing assistance grants

    For grants for very low-income housing repair and rural housing 
preservation made by the Rural Housing Service, as authorized by 42 
U.S.C. 1474, and 1490m, $33,136,000, to remain available until expended: 
 Provided, That of the total amount appropriated under this heading, the 
amount equal to the amount of Rural Housing Assistance Grants allocated 
by the Secretary for Rural Economic Area Partnership Zones for the 
fiscal year 2012, shall be available through June 30, 2013, for 
communities designated by the Secretary of Agriculture as Rural Economic 
Area Partnership Zones.

               Rural Community Facilities Program Account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct loans as 
authorized by section 306 and described in section 381E(d)(1) of the 
Consolidated Farm and Rural Development Act, $2,200,000,000 for direct 
loans and $57,481,000 for guaranteed loans.
    For the cost of guaranteed loans, including the cost of modifying 
loans, as defined in section 502 of the Congressional Budget Act of 
1974, $3,880,000, to remain available until expended.
    For the cost of grants for rural community facilities programs as 
authorized by section 306 and described in section 381E(d)(1) of the 
Consolidated Farm and Rural Development Act, $28,428,000, to remain 
available until expended:  Provided, That $6,121,000 of the amount 
appropriated under this heading shall be available

[[Page 127 STAT. 215]]

for a Rural Community Development Initiative:  Provided further, That 
such funds shall be used solely to develop the capacity and ability of 
private, nonprofit community-based housing and community development 
organizations, low-income rural communities, and Federally Recognized 
Native American Tribes to undertake projects to improve housing, 
community facilities, community and economic development projects in 
rural areas:  Provided further, That such funds shall be made available 
to qualified private, nonprofit and public intermediary organizations 
proposing to carry out a program of financial and technical assistance:  
Provided further, That such intermediary organizations shall provide 
matching funds from other sources, including Federal funds for related 
activities, in an amount not less than funds <<NOTE: Grants.>> provided: 
 Provided further, That $5,938,000 of the amount appropriated under this 
heading shall be to provide grants for facilities in rural communities 
with extreme unemployment and severe economic depression (Public Law 
106-387), with up to 5 percent for administration and capacity building 
in the State rural development <<NOTE: Grants.>> offices:  Provided 
further, That $3,369,000 of the amount appropriated under this heading 
shall be available for community facilities grants to tribal colleges, 
as authorized by section 306(a)(19) of such Act:  Provided further, That 
of the total amount appropriated under this heading, the amount equal to 
the amount of Rural Community Facilities Program Account funds allocated 
by the Secretary for Rural Economic Area Partnership Zones for the 
fiscal year 2012, shall be available through June 30, 2013, for 
communities designated by the Secretary of Agriculture as Rural Economic 
Area Partnership Zones:  Provided further, That sections 381E-H and 381N 
of the Consolidated Farm and Rural Development Act are not applicable to 
the funds made available under this heading.

                   Rural Business--Cooperative Service

                     rural business program account

                     (including transfers of funds)

    For the cost of loan guarantees and grants, for the rural business 
development programs authorized by sections 306 and 310B and described 
in subsections (f) and (g) of section 310B and section 381E(d)(3) of the 
Consolidated Farm and Rural Development Act, $85,904,000, to remain 
available until <<NOTE: Grants.>> expended:  Provided, That of the 
amount appropriated under this heading, not to exceed $1,000,000 shall 
be made available for two grants to qualified national organizations to 
provide technical assistance for rural transportation in order to 
promote economic development and $3,000,000 shall be for grants to the 
Delta Regional Authority (7 U.S.C. 2009aa et seq.) for any Rural 
Community Advancement Program purpose as described in section 381E(d) of 
the Consolidated Farm and Rural Development Act, of which not more than 
5 percent may be used for administrative <<NOTE: Grants.>>  expenses:  
Provided further, That $4,000,000 of the amount appropriated under this 
heading shall be for business grants to benefit Federally Recognized 
Native American Tribes, including $250,000 for a grant to a qualified 
national organization to provide technical assistance for rural 
transportation in order to promote economic development:  Provided 
further, That of the total amount appropriated under this heading, the 
amount

[[Page 127 STAT. 216]]

equal to the amount of Rural Business Program Account funds allocated by 
the Secretary for Rural Economic Area Partnership Zones for the fiscal 
year 2012, shall be available through June 30, 2013, for communities 
designated by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones for the rural business and cooperative development 
programs described in section 381E(d)(3) of the Consolidated Farm and 
Rural Development Act:  Provided further, That sections 381E-H and 381N 
of the Consolidated Farm and Rural Development Act are not applicable to 
funds made available under this heading.

               rural development loan fund program account

                      (including transfer of funds)

    For the principal amount of direct loans, as authorized by the Rural 
Development Loan Fund (42 U.S.C. 9812(a)), $18,889,000.
    For the cost of direct loans, $6,052,000, as authorized by the Rural 
Development Loan Fund (42 U.S.C. 9812(a)), of which $900,000 shall be 
available through June 30, 2013, for Federally Recognized Native 
American Tribes; and of which $2,000,000 shall be available through June 
30, 2013, for Mississippi Delta Region counties (as determined in 
accordance with Public Law 100-460):  Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974:  Provided further, 
That of the total amount appropriated under this heading, the amount 
equal to the amount of Rural Development Loan Fund Program Account funds 
allocated by the Secretary for Rural Economic Area Partnership Zones for 
the fiscal year 2012, shall be available through June 30, 2013, for 
communities designated by the Secretary of Agriculture as Rural Economic 
Area Partnership Zones.
    In addition, for administrative expenses to carry out the direct 
loan programs, $4,438,000 shall be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''.

            Rural Economic Development Loans Program Account

                     (including rescission of funds)

    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$33,077,000.
    Of the funds derived from interest on the cushion of credit 
payments, as authorized by section 313 of the Rural Electrification Act 
of 1936, $180,000,000 shall not be obligated and $180,000,000 are 
rescinded.

                  rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $27,706,000, of which $2,250,000 shall be for cooperative 
agreements for the appropriate technology transfer for rural areas 
program:  Provided, That not to exceed $3,456,000 shall be for grants 
for cooperative development centers, individual

[[Page 127 STAT. 217]]

cooperatives, or groups of cooperatives that serve socially 
disadvantaged groups and a majority of the boards of directors or 
governing boards of which are comprised of individuals who are members 
of socially disadvantaged groups; and of which $15,000,000, to remain 
available until expended, shall be for value-added agricultural product 
market development grants, as authorized by section 231 of the 
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note).

                    rural energy for america program

    For the cost of a program of loan guarantees, under the same terms 
and conditions as authorized by section 9007 of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8107), $3,400,000:  Provided, 
That the cost of loan guarantees, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974.

                         Rural Utilities Service

             rural water and waste disposal program account

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants for the 
rural water, waste water, waste disposal, and solid waste management 
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B 
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the 
Consolidated Farm and Rural Development Act, $524,466,000, to remain 
available until expended, of which not to exceed $1,000,000 shall be 
available for the rural utilities program described in section 
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be 
available for the rural utilities program described in section 306E of 
such <<NOTE: Loans. Grants. Hawaii.>> Act:  Provided, That $66,500,000 
of the amount appropriated under this heading shall be for loans and 
grants including water and waste disposal systems grants authorized by 
306C(a)(2)(B) and 306D of the Consolidated Farm and Rural Development 
Act, Federally recognized Native American Tribes authorized by 
306C(a)(1), and the Department of Hawaiian Home Lands (of the State of 
Hawaii):  Provided further, That funding provided for section 306D of 
the Consolidated Farm and Rural Development Act may be provided to a 
consortium formed pursuant to section 325 of Public Law 105-83:  
Provided further, That not more than 2 percent of the funding provided 
for section 306D of the Consolidated Farm and Rural Development Act may 
be used by the State of Alaska for training and technical assistance 
programs and not more than 2 percent of the funding provided for section 
306D of the Consolidated Farm and Rural Development Act may be used by a 
consortium formed pursuant to section 325 of Public Law 105-83 for 
training and technical 
assistance <<NOTE: Grants. Determination.>> programs:  Provided further, 
That not to exceed $19,000,000 of the amount appropriated under this 
heading shall be for technical assistance grants for rural water and 
waste systems pursuant to section 306(a)(14) of such Act, unless the 
Secretary makes a determination of extreme need, of which $5,750,000 
shall be made available for a grant to a qualified non-profit multi-
state regional technical assistance organization, with experience in

[[Page 127 STAT. 218]]

working with small communities on water and waste water problems, the 
principal purpose of such grant shall be to assist rural communities 
with populations of 3,300 or less, in improving the planning, financing, 
development, operation, and management of water and waste water systems, 
and of which not less than $800,000 shall be for a qualified national 
Native American organization to provide technical assistance for rural 
water systems for tribal communities: <<NOTE: Contracts.>>   Provided 
further, That not to exceed $15,000,000 of the amount appropriated under 
this heading shall be for contracting with qualified national 
organizations for a circuit rider program to provide technical 
assistance for rural water <<NOTE: Grants.>> systems:  Provided further, 
That not to exceed $3,400,000 shall be for solid waste management 
grants:  Provided further, That of the total amount appropriated under 
this heading, the amount equal to the amount of Rural Water and Waste 
Disposal Program Account funds allocated by the Secretary for Rural 
Economic Area Partnership Zones for the fiscal year 2012, shall be 
available through June 30, 2013, for communities designated by the 
Secretary of Agriculture as Rural Economic Area Partnership Zones for 
the rural utilities programs described in section 381E(d)(2) of the 
Consolidated Farm and Rural Development Act:  Provided further, That 
$10,000,000 of the amount appropriated under this heading shall be 
transferred to, and merged with, the Rural Utilities Service, High 
Energy Cost Grants Account to provide grants authorized under section 19 
of the Rural Electrification Act of 1936 (7 U.S.C. 918a):  Provided 
further, That any prior year balances for high-energy cost grants 
authorized by section 19 of the Rural Electrification Act of 1936 (7 
U.S.C. 918a) shall be transferred to and merged with the Rural Utilities 
Service, High Energy Cost Grants Account:  Provided further, That 
sections 381E-H and 381N of the Consolidated Farm and Rural Development 
Act are not applicable to the funds made available under this heading.

    For gross obligations for the principal amount of direct loans as 
authorized by section 1006a of title 16 of the United States Code, 
except for the limitations contained in the last sentence of such 
section, for projects whose features include agricultural water supply 
benefits, groundwater protection, environmental enhancement and flood 
control, $40,000,000:  Provided, That such loans shall be made by the 
Rural Utilities Service.

   rural electrification and telecommunications loans program account

                      (including transfer of funds)

    The principal amount of direct and guaranteed loans as authorized by 
sections 305 and 306 of the Rural Electrification Act of 1936 (7 U.S.C. 
935 and 936) shall be made as follows: 5 percent rural electrification 
loans, $100,000,000; loans made pursuant to section 306 of that Act, 
rural electric, $6,500,000,000; guaranteed underwriting loans pursuant 
to section 313A, $500,000,000; cost of money rural telecommunications 
loans, $690,000,000:  Provided, That up to $2,000,000,000 shall be used 
for the construction, acquisition, or improvement of fossil-fueled 
electric generating plants (whether new or existing) that utilize carbon 
sequestration systems.

[[Page 127 STAT. 219]]

    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $34,467,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

         distance learning, telemedicine, and broadband program

    For the principal amount of broadband telecommunication loans, 
$42,239,000.
    For <<NOTE: Grants.>> grants for telemedicine and distance learning 
services in rural areas, as authorized by 7 U.S.C. 950aaa et seq., 
$24,950,000, to remain available until expended:  Provided, That 
$3,000,000 shall be made available for grants authorized by 379G of the 
Consolidated Farm and Rural Development Act:  Provided further, That 
funding provided under this heading for grants under 379G of the 
Consolidated Farm and Rural Development Act may only be provided to 
entities that meet all of the eligibility criteria for a consortium as 
established by this section:  Provided further, That $3,000,000 shall be 
made available to those noncommercial educational television broadcast 
stations that serve rural areas and are qualified for Community Service 
Grants by the Corporation for Public Broadcasting under section 396(k) 
of the Communications Act of 1934, including associated translators and 
repeaters, regardless of the location of their main transmitter, studio-
to-transmitter links, and equipment to allow local control over digital 
content and programming through the use of high-definition broadcast, 
multi-casting and datacasting technologies.

    For the cost of broadband loans, as authorized by section 601 of the 
Rural Electrification Act, $4,000,000, to remain available until 
expended:  Provided, That the cost of direct loans shall be as defined 
in section 502 of the Congressional Budget Act of 1974.
    In addition, $10,372,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

 Office of the Under Secretary for Food, Nutrition and Consumer Services

    For necessary expenses of the Office of the Under Secretary for 
Food, Nutrition and Consumer Services, $811,000.

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

    For necessary expenses to carry out the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 
and 21; $19,916,436,000, to remain available through September 30, 2014, 
of which such sums as are made available under section 14222(b)(1) of 
the Food, Conservation, and

[[Page 127 STAT. 220]]

Energy Act of 2008 (Public Law 110-246), as amended by this Act, shall 
be merged with and available for the same time period and purposes as 
provided herein:  Provided, That of the total amount available, 
$16,504,000 shall be available to carry out section 19 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 <<NOTE: Grants.>> et seq.):  
Provided further, That of the total amount available, $35,000,000 shall 
be available to provide competitive grants to State agencies for 
subgrants to local educational agencies and schools to purchase the 
equipment needed to serve healthier meals, improve food safety, and to 
help support the establishment, maintenance, or expansion of the school 
breakfast program.

special supplemental nutrition program for women, infants, and children 
                                  (wic)

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786), $7,046,000,000, to remain available through 
September 30, 2014:  Provided, That notwithstanding section 17(h)(10) of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than 
$60,000,000 shall be used for breastfeeding peer counselors and other 
related activities, $14,000,000 shall be used for infrastructure, and 
$35,000,000 shall be used for management 
information <<NOTE: Determination.>> systems:  Provided further, That 
funds made available for the purposes specified in section 
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall only be made 
available upon a determination by the Secretary that funds are available 
to meet caseload requirements without the use of funds in the 
contingency reserve that are without fiscal year limitation:  Provided 
further, That none of the funds provided in this account shall be 
available for the purchase of infant formula except in accordance with 
the cost containment and competitive bidding requirements specified in 
section 17 of such Act:  Provided further, That none of the funds 
provided shall be available for activities that are not fully reimbursed 
by other Federal Government departments or agencies unless authorized by 
section 17 of such Act.

                supplemental nutrition assistance program

    For necessary expenses to carry out the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.), $77,290,160,000, of which $3,000,000,000, 
to remain available through September 30, 2014, shall be placed in 
reserve for use only in such amounts and at such times as may become 
necessary to carry out program operations:  Provided, That funds 
provided herein shall be expended in accordance with section 16 of the 
Food and Nutrition Act of 2008:  Provided further, That of the funds 
made available under this heading, $998,000 may be used to provide 
nutrition education services to state agencies and Federally recognized 
tribes participating in the Food Distribution Program on Indian 
Reservations:  Provided <<NOTE: Workfare.>> further, That this 
appropriation shall be subject to any work registration or workfare 
requirements as may be required by law:  Provided further, That funds 
made available for Employment and Training under this heading shall 
remain available until expended, notwithstanding section 16(h)(1) of the 
Food and Nutrition Act of 2008:  Provided further, That funds made 
available under this heading may be used to enter into contracts and 
employ staff to conduct studies, evaluations, or to conduct activities 
related

[[Page 127 STAT. 221]]

to program integrity provided that such activities are authorized by the 
Food and Nutrition Act of 2008.

                      commodity assistance program

    For necessary expenses to carry out disaster assistance and the 
Commodity Supplemental Food Program as authorized by section 4(a) of the 
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); 
the Emergency Food Assistance Act of 1983; special assistance for the 
nuclear affected islands, as authorized by section 103(f)(2) of the 
Compact of Free Association Amendments Act of 2003 (Public Law 108-188); 
and the Farmers' Market Nutrition Program, as authorized by section 
17(m) of the Child Nutrition Act of 1966, $253,952,000, to remain 
available through September 30, 2014:  Provided, That none of these 
funds shall be available to reimburse the Commodity Credit Corporation 
for commodities donated to the program:  Provided further, That 
notwithstanding any other provision of law, effective with funds made 
available in fiscal year 2013 to support the Seniors Farmers' Market 
Nutrition Program, as authorized by section 4402 of the Farm Security 
and Rural Investment Act of 2002, such funds shall remain available 
through September 30, 2014:  Provided further, That of the funds made 
available under section 27(a) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2036(a)), the Secretary may use up to 10 percent for costs 
associated with the distribution of commodities.

                    nutrition programs administration

    For necessary administrative expenses of the Food and Nutrition 
Service for carrying out any domestic nutrition assistance program, 
$143,505,000:  Provided, That of the funds provided herein, $2,000,000 
shall be used for the purposes of section 4404 of Public Law 107-171, as 
amended by section 4401 of Public Law 110-246.

                                 TITLE V

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including not to exceed $158,000 for representation allowances and for 
expenses pursuant to section 8 of the Act approved August 3, 1956 (7 
U.S.C. 1766), $176,789,000:  Provided, That the Service may utilize 
advances of funds, or reimburse this appropriation for expenditures made 
on behalf of Federal agencies, public and private organizations and 
institutions under agreements executed pursuant to the agricultural food 
production assistance programs (7 U.S.C. 1737) and the foreign 
assistance programs of the United States Agency for International 
Development:  Provided further, That funds made available for middle-
income country training programs, funds made available for the Borlaug 
International Agricultural Science and Technology Fellowship program, 
and up to

[[Page 127 STAT. 222]]

$2,000,000 of the Foreign Agricultural Service appropriation solely for 
the purpose of offsetting fluctuations in international currency 
exchange rates, subject to documentation by the Foreign Agricultural 
Service, shall remain available until expended.

   food for peace title i direct credit and food for progress program 
                                 account

                     (including transfers of funds)

    For administrative expenses to carry out the credit program of title 
I, Food for Peace Act (Public Law 83-480) and the Food for Progress Act 
of 1985, $2,806,000, shall be transferred to and merged with the 
appropriation for ``Farm Service Agency, Salaries 
and <<NOTE: Notification.>> Expenses'':  Provided, That funds made 
available for the cost of agreements under title I of the Agricultural 
Trade Development and Assistance Act of 1954 and for title I ocean 
freight differential may be used interchangeably between the two 
accounts with prior notice to the Committees on Appropriations of both 
Houses of Congress.

                     food for peace title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Food for Peace Act (Public Law 83-480, as amended), 
for commodities supplied in connection with dispositions abroad under 
title II of said Act, $1,435,000,000, to remain available until 
expended.

   mcgovern-dole international food for education and child nutrition 
                             program grants

    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $184,000,000, to remain available until expended:  Provided, That 
the Commodity Credit Corporation is authorized to provide the services, 
facilities, and authorities for the purpose of implementing such 
section, subject to reimbursement from amounts provided herein.

  commodity credit corporation export (loans) credit guarantee program 
                                 account

                     (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, $6,806,000; 
to cover common overhead expenses as permitted by section 11 of the 
Commodity Credit Corporation Charter Act and in conformity with the 
Federal Credit Reform Act of 1990, of which $6,452,000 shall be 
transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $354,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.

[[Page 127 STAT. 223]]

                                TITLE VI

             RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

                 Department of Health and Human Services

                      food and drug administration

                          salaries and expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's certificate, 
not to exceed $25,000; and notwithstanding section 521 of Public Law 
107-188; $4,223,295,000:  Provided, That of the amount provided under 
this heading, $718,669,000 shall be derived from prescription drug user 
fees authorized by 21 U.S.C. 379h, and shall be credited to this account 
and remain available until expended, and shall not include any fees 
pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 
2014 but collected in fiscal year 2013; $97,722,000 shall be derived 
from medical device user fees authorized by 21 U.S.C. 379j, and shall be 
credited to this account and remain available until expended; 
$299,000,000 shall be derived from human generic drug user fees 
authorized by 21 U.S.C. 379j-42, and shall be credited to this account 
and remain available until expended; $20,242,000 shall be derived from 
biosimilar biological product user fees authorized by 21 U.S.C. 379j-52, 
and shall be credited to this account and remain available until 
expended; $23,848,000 shall be derived from animal drug user fees 
authorized by 21 U.S.C. 379j-12, and shall be credited to this account 
and remain available until expended; $6,031,000 shall be derived from 
animal generic drug user fees authorized by 21 U.S.C. 379j-21, and shall 
be credited to this account and remain available until expended; 
$505,000,000 shall be derived from tobacco product user fees authorized 
by 21 U.S.C. 387s, and shall be credited to this account and remain 
available until expended; $12,925,000 shall be derived from food and 
feed recall fees authorized by 21 U.S.C. 379j-31, and shall be credited 
to this account and remain available until expended; $15,367,000 shall 
be derived from food reinspection fees authorized by 21 U.S.C. 379j-31, 
and shall be credited to this account and remain available until 
expended; and amounts derived from voluntary qualified importer program 
fees authorized by 21 U.S.C. 379j-31, and shall be credited to this 
account and remain available until expended:  Provided 
further, <<NOTE: Fees.>> That in addition and notwithstanding any other 
provision under this heading, amounts collected for prescription drug 
user fees, medical device user fees, human generic drug user fees, 
biosimilar biological product user fees, animal drug user fees, and 
animal generic drug user fees that exceed the respective fiscal year 
2013 limitations are appropriated and shall be credited to this account 
and remain available until expended:  Provided <<NOTE: Fees.>>  further, 
That fees derived from prescription drug, medical device, animal drug, 
and animal generic drug assessments for fiscal year 2013

[[Page 127 STAT. 224]]

received during fiscal year 2013, including any such fees assessed prior 
to fiscal year 2013 but credited for fiscal year 2013, shall be subject 
to the fiscal year 2013 limitations:  Provided further, That none of 
these funds shall be used to develop, establish, or operate any program 
of user fees authorized by 31 U.S.C. 9701:  Provided further, That of 
the total amount appropriated: (1) $887,162,000 shall be for the Center 
for Food Safety and Applied Nutrition and related field activities in 
the Office of Regulatory Affairs; (2) $1,261,369,000 shall be for the 
Center for Drug Evaluation and Research and related field activities in 
the Office of Regulatory Affairs; (3) $329,708,000 shall be for the 
Center for Biologics Evaluation and Research and for related field 
activities in the Office of Regulatory Affairs; (4) $167,576,000 shall 
be for the Center for Veterinary Medicine and for related field 
activities in the Office of Regulatory Affairs; (5) $393,988,000 shall 
be for the Center for Devices and Radiological Health and for related 
field activities in the Office of Regulatory Affairs; (6) $59,429,000 
shall be for the National Center for Toxicological Research; (7) 
$482,398,000 shall be for the Center for Tobacco Products and for 
related field activities in the Office of Regulatory Affairs; (8) not to 
exceed $168,971,000 shall be for Rent and Related activities, of which 
$61,713,000 is for White Oak Consolidation, other than the amounts paid 
to the General Services Administration for rent; (9) not to exceed 
$213,352,000 shall be for payments to the General Services 
Administration for rent; and (10) $259,342,000 shall be for other 
activities, including the Office of the Commissioner of Food and Drugs, 
the Office of Foods and Veterinary Medicine, the Office of Medical and 
Tobacco Products, the Office of Global and Regulatory Policy, the Office 
of Operations, the Office of the Chief Scientist, and central services 
for these offices:  Provided further, That the Secretary may, prior to 
the due date for such fees, accept payment of prescription drug user 
fees, medical device user fees, human generic drug user fees, biosimilar 
biological product user fees, animal drug user fees and animal generic 
drug user fees authorized for fiscal year 2014, and that amounts of such 
fees assessed for fiscal year 2014 for which the Secretary accepts 
payment in fiscal year 2013 shall not be included in amounts provided 
under this heading:  Provided further, That not to exceed $25,000 of 
this amount shall be for official reception and representation expenses, 
not otherwise provided for, as determined by the Commissioner:  Provided 
further, That any transfer of funds pursuant to section 770(n) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be 
from amounts made available under this heading for other activities:  
Provided further, That funds may be transferred from one specified 
activity to another with the prior approval of the Committees on 
Appropriations of both Houses of Congress.

    In addition, mammography user fees authorized by 42 U.S.C. 263b, 
export certification user fees authorized by 21 U.S.C. 381, and priority 
review user fees authorized by 21 U.S.C. 360n may be credited to this 
account, to remain available until expended.

                        buildings and facilities

    For plans, construction, repair, improvement, extension, alteration, 
and purchase of fixed equipment or facilities of or used

[[Page 127 STAT. 225]]

by the Food and Drug Administration, where not otherwise provided, 
$5,320,000, to remain available until expended.

                           INDEPENDENT AGENCY

                       Farm Credit Administration

                  limitation on administrative expenses

    Not to exceed $63,300,000 (from assessments collected from farm 
credit institutions, including the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249:  Provided, 
That this limitation shall not apply to expenses associated with 
receiverships.

                                TITLE VII

                           GENERAL PROVISIONS

             (including rescissions and transfers of funds)

    Sec. 701.  Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of Agriculture 
for the current fiscal year under this Act shall be available for the 
purchase, in addition to those specifically provided for, of not to 
exceed 204 passenger motor vehicles of which 170 shall be for 
replacement only, and for the hire of such vehicles:  Provided, That 
notwithstanding this section, the only purchase of new passenger 
vehicles shall be for those determined by the Secretary to be necessary 
for transportation safety, to reduce operational costs, and for the 
protection of life, property, and public safety.
    Sec. 702.  Notwithstanding any other provision of this Act, the 
Secretary of Agriculture may transfer unobligated balances of 
discretionary funds appropriated by this Act or any other available 
unobligated discretionary balances of the Department of Agriculture that 
are remaining available at the end of the fiscal year, to the Working 
Capital Fund for the acquisition of plant and capital equipment 
necessary for the delivery of financial, administrative, and information 
technology services of primary benefit to the agencies of the Department 
of Agriculture, such transferred funds to remain available until 
expended:  Provided, That none of the funds made available by this Act 
or any other Act shall be transferred to the Working Capital Fund 
without the prior approval of the 
agency <<NOTE: Notification.>> administrator:  Provided further, That 
none of the funds transferred to the Working Capital Fund pursuant to 
this section shall be available for obligation without written 
notification to and the prior approval of the Committees on 
Appropriations of both Houses <<NOTE: Notification.>> of Congress:  
Provided further, That none of the funds appropriated by this Act or 
made available to the Department's Working Capital Fund shall be 
available for obligation or expenditure to make any changes to the 
Department's National Finance Center without written notification to and 
prior approval of the Committees on Appropriations of both Houses of 
Congress as required by section 726 of this Act:  Provided further, That 
of annual income amounts in the Working Capital Fund of the Department 
of Agriculture allocated for the National Finance Center, the Secretary 
may reserve not more than 4 percent for the replacement

[[Page 127 STAT. 226]]

or acquisition of capital equipment, including equipment for the 
improvement and implementation of a financial management plan, 
information technology, and other systems of the National Finance Center 
or to pay any unforeseen, extraordinary cost of the National 
Finance <<NOTE: Notification.>> Center:  Provided further, That none of 
the amounts reserved shall be available for obligation unless the 
Secretary submits written notification of the obligation to the 
Committees on Appropriations of the House of Representatives and the 
Senate:  Provided further, That the limitation on the obligation of 
funds pending notification to Congressional Committees shall not apply 
to any obligation that, as determined by the Secretary, is necessary to 
respond to a declared state of emergency that significantly impacts the 
operations of the National Finance Center; or to evacuate employees of 
the National Finance Center to a safe haven to continue operations of 
the National Finance Center.

    Sec. 703.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 704.  No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is to 
carry out programs of mutual interest between the two parties. This does 
not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 705.  Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current fiscal 
year shall remain available until expended to disburse obligations made 
in the current fiscal year for the following accounts: the Rural 
Development Loan Fund program account, the Rural Electrification and 
Telecommunication Loans program account, and the Rural Housing Insurance 
Fund program account.
    Sec. 706.  Funds made available by this Act under title II of the 
Food for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide 
assistance to recipient nations if adequate monitoring and controls, as 
determined by the Administrator of the U.S. Agency for International 
Development, are in place to ensure that emergency food aid is received 
by the intended beneficiaries in areas affected by food shortages and 
not diverted for unauthorized or inappropriate purposes.
    Sec. 707.  None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review <<NOTE: Notification.>> Board:  Provided, 
That notwithstanding any other provision of law, none of the funds 
appropriated or otherwise made available by this Act may be transferred 
to the Office of the Chief Information Officer without written 
notification to and the prior approval of the Committees on 
Appropriations of both Houses of Congress:  Provided further, That none 
of the funds available to the Department of Agriculture for information 
technology shall be obligated for projects over $25,000 prior to receipt 
of written approval by the Chief Information Officer.

[[Page 127 STAT. 227]]

    Sec. 708.  Funds made available under section 1240I and section 
1241(a) of the Food Security Act of 1985 and section 524(b) of the 
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year 
shall remain available until expended to disburse obligations made in 
the current fiscal year.
    Sec. 709.  Notwithstanding any other provision of law, any former 
RUS borrower that has repaid or prepaid an insured, direct or guaranteed 
loan under the Rural Electrification Act of 1936, or any not-for-profit 
utility that is eligible to receive an insured or direct loan under such 
Act, shall be eligible for assistance under section 313(b)(2)(B) of such 
Act in the same manner as a borrower under such Act.
    Sec. 710.  Notwithstanding any other provision of law, for the 
purposes of a grant under section 412 of the Agricultural Research, 
Extension, and Education Reform Act of 1998, none of the funds in this 
or any other Act may be used to prohibit the provision of in-kind 
support from non-Federal sources under section 412(e)(3) of such Act in 
the form of unrecovered indirect costs not otherwise charged against the 
grant, consistent with the indirect rate of cost approved for a 
recipient.
    Sec. 711.  Except as otherwise specifically provided by law, 
unobligated balances from appropriations made available for salaries and 
expenses in this Act for the Farm Service Agency and the Rural 
Development mission area, shall remain available through September 30, 
2014, for information technology expenses.
    Sec. 712.  The Secretary of Agriculture may authorize a State agency 
to use funds provided in this Act to exceed the maximum amount of liquid 
infant formula specified in 7 CFR 246.10 when issuing liquid infant 
formula to participants.
    Sec. 713.  None of the funds appropriated or otherwise made 
available by this Act may be used for first-class travel by the 
employees of agencies funded by this Act in contravention of sections 
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
    Sec. 714.  In the case of each program established or amended by the 
Food, Conservation, and Energy Act of 2008 (Public Law 110-246), other 
than by title I or subtitle A of title III of such Act, that is 
authorized or required to be carried out using funds of the Commodity 
Credit Corporation--
            (1) such funds shall be available for salaries and related 
        administrative expenses, including technical assistance, 
        associated with the implementation of the program, without 
        regard to the limitation on the total amount of allotments and 
        fund transfers contained in section 11 of the Commodity Credit 
        Corporation Charter Act (15 U.S.C. 714i); and
            (2) the use of such funds for such purpose shall not be 
        considered to be a fund transfer or allotment for purposes of 
        applying the limitation on the total amount of allotments and 
        fund transfers contained in such section.

    Sec. 715.  <<NOTE: Waiver authority.>> Notwithstanding any other 
provision of law, the requirements pursuant to 7 U.S.C. 1736f(e)(1) may 
be waived for any amounts higher than those specified under this 
authority for fiscal year 2009.

    Sec. 716.  None of the funds made available in fiscal year 2013 or 
preceding fiscal years for programs authorized under the Food for Peace 
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to 
reimburse the Commodity Credit Corporation for

[[Page 127 STAT. 228]]

the release of eligible commodities under section 302(f)(2)(A) of the 
Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1):  Provided, That 
any such funds made available to reimburse the Commodity Credit 
Corporation shall only be used pursuant to section 302(b)(2)(B)(i) of 
the Bill Emerson Humanitarian Trust Act.
    Sec. 717.  Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task forces 
of the Department of Agriculture, except for panels used to comply with 
negotiated rule makings and panels used to evaluate competitively 
awarded grants.
    Sec. 718.  None of the funds in this Act shall be available to pay 
indirect costs charged against any agricultural research, education, or 
extension grant awards issued by the National Institute of Food and 
Agriculture that exceed 30 percent of total Federal funds provided under 
each award:  Provided, That notwithstanding section 1462 of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3310), funds provided by this Act for grants awarded 
competitively by the National Institute of Food and Agriculture shall be 
available to pay full allowable indirect costs for each grant awarded 
under section 9 of the Small Business Act (15 U.S.C. 638).
    Sec. 719.  For an additional amount for ``Food and Drug 
Administration, Salaries and Expenses'', $50,000,000, to remain 
available until expended, of which $40,000,000 is for one-time 
activities directly related to implementation of the Food Safety 
Modernization Act, and of which $10,000,000 is for one-time activities 
directly related to improving the safety of the human drug supply.
    Sec. 720.  There is hereby appropriated $1,996,000 to carry out 
section 1621 of Public Law 110-246.
    Sec. 721.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries and 
expenses of personnel to carry out the following:
            (1) The Watershed Rehabilitation program authorized by 
        section 14(h) of the Watershed Protection and Flood Prevention 
        Act (16 U.S.C. 1012(h));
            (2) The Environmental Quality Incentives Program as 
        authorized by sections 1240-1240H of the Food Security Act of 
        1985 (16 U.S.C. 3839aa-3839aa-8) in excess of $1,400,000,000;
            (3) The Wildlife Habitat Incentives Act authorized by 
        section 1240N of the Food Security Act of 1985, as amended (16 
        U.S.C. 3839bb-1)) in excess of $73,000,000; and
            (4) Agricultural Management Assistance Program as authorized 
        by section 524 of the Federal Crop Insurance Act, as amended (7 
        U.S.C. 1524) in excess of $2,500,000 for the Natural Resources 
        Conservation Service.

    Sec. 722.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries and 
expenses of personnel to carry out a program under subsection 
(b)(2)(A)(v) of section 14222 of Public Law 110-246 in excess of 
$981,000,000, as follows: Child Nutrition Programs Entitlement 
Commodities--$465,000,000; State Option Contracts--$5,000,000; Removal 
of Defective Commodities--$2,500,000:  Provided, That none of the funds 
made available in this Act or any other Act shall be used for salaries 
and expenses to carry out in this fiscal year section 19(i)(1)(E) of the 
Richard B. Russell National School

[[Page 127 STAT. 229]]

Lunch Act as amended by section 4304 of Public Law 110-246 in excess of 
$41,000,000, including the transfer of funds under subsection (c) of 
section 14222 of Public Law 110-246, until October 1, 2013:  Provided 
further, That $117,000,000 made available on October 1, 2013, to carry 
out section 19(i)(1)(E) of the Richard B. Russell National School Lunch 
Act as amended by section 4304 of Public Law 110-246 shall be excluded 
from the limitation described in subsection (b)(2)(A)(vi) of section 
14222 of Public Law 110-246:  Provided further, That none of the funds 
appropriated or otherwise made available by this or any other Act shall 
be used to pay the salaries or expenses of any employee of the 
Department of Agriculture or officer of the Commodity Credit Corporation 
to carry out clause 3 of section 32 of the Agricultural Adjustment Act 
of 1935 (Public Law 74-320, 7 U.S.C. 612c, as amended), or for any 
surplus removal activities or price support activities under section 5 
of the Commodity Credit Corporation Charter Act:  Provided 
further, <<NOTE: Rescission.>>  That of the available unobligated 
balances under (b)(2)(A)(v) of section 14222 of Public Law 110-246, 
$150,000,000 are hereby rescinded.

    Sec. 723.  Subject to authorizing legislation by the House Committee 
on Agriculture and the Senate Committee on Agriculture, Nutrition, and 
Forestry, the Secretary may reserve, through April 1, 2013, up to 5 
percent of the funding available for the following items for projects in 
areas that are engaged in strategic regional development planning as 
defined by the Secretary: business and industry guaranteed loans; rural 
development loan fund; rural business enterprise grants; rural business 
opportunity grants; rural economic development program; rural 
microenterprise program; biorefinery assistance program; rural energy 
for America program; value-added producer grants; broadband program; 
water and waste program; and rural community facilities program.
    Sec. 724.  There is hereby appropriated $600,000 for the purposes of 
section 727 of division A of Public Law 112-55.
    Sec. 725.  None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's budget 
submission to the Congress of the United States for programs under the 
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies that 
assumes revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior to the 
submission of the budget unless such budget submission identifies which 
additional spending reductions should occur in the event the user fees 
proposals are not enacted prior to the date of the convening of a 
committee of conference for the fiscal year 2014 appropriations Act.
    Sec. 726. <<NOTE: Notifications. Deadlines.>> (a) None of the funds 
provided by this Act, or provided by previous Appropriations Acts to the 
agencies funded by this Act that remain available for obligation or 
expenditure in the current fiscal year, or provided from any accounts in 
the Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming, transfer of funds, or 
reimbursements as authorized by the Economy Act, or in the case of the 
Department of Agriculture, through use of the authority provided by 
section 702(b) of the Department of Agriculture Organic

[[Page 127 STAT. 230]]

Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C. 
2263), that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes offices, programs, or activities; or
            (6) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;

unless the Secretary of Agriculture, the Secretary of Health and Human 
Services, or the Chairman of the Commodity Futures Trading Commission 
(as the case may be) notifies, in writing, the Committees on 
Appropriations of both Houses of Congress at least 30 days in advance of 
the reprogramming of such funds or the use of such authority.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming or use of the authorities 
referred to in subsection (a) involving funds in excess of $500,000 or 
10 percent, whichever is less, that--
            (1) augments existing programs, projects, or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress; unless the 
        Secretary of Agriculture, the Secretary of Health and Human 
        Services, or the Chairman of the Commodity Futures Trading 
        Commission (as the case may be) notifies, in writing, the 
        Committees on Appropriations of both Houses of Congress at least 
        30 days in advance of the reprogramming or transfer of such 
        funds or the use of such authority.

    (c) The Secretary of Agriculture, the Secretary of Health and Human 
Services, or the Chairman of the Commodity Futures Trading Commission 
shall notify in writing the Committees on Appropriations of both Houses 
of Congress before implementing any program or activity not carried out 
during the previous fiscal year unless the program or activity is funded 
by this Act or specifically funded by any other Act.
    (d) As described in this section, no funds may be used for any 
activities unless the Secretary of Agriculture, the Secretary of Health 
and Human Services or the Chairman of the Commodity Futures Trading 
Commission receives from the Committee on Appropriations of both Houses 
of Congress written or electronic mail confirmation of receipt of the 
notification as required in this section.
    Sec. 727.  Notwithstanding section 310B(g)(5) of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may 
assess a one-time fee for any guaranteed business

[[Page 127 STAT. 231]]

and industry loan in an amount that does not exceed 3 percent of the 
guaranteed principal portion of the loan.
    Sec. 728.  None of the funds appropriated or otherwise made 
available to the Department of Agriculture or the Food and Drug 
Administration shall be used to transmit or otherwise make available to 
any non-Department of Agriculture or non-Department of Health and Human 
Services employee questions or responses to questions that are a result 
of information requested for the appropriations hearing process.
    Sec. 729.  <<NOTE: News stories.>> Unless otherwise authorized by 
existing law, none of the funds provided in this Act, may be used by an 
executive branch agency to produce any prepackaged news story intended 
for broadcast or distribution in the United States unless the story 
includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.

    Sec. 730.  No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act or any 
other Act to any other agency or office of the Department for more than 
30 days unless the individual's employing agency or office is fully 
reimbursed by the receiving agency or office for the salary and expenses 
of the employee for the period of assignment.
    Sec. 731.  Notwithstanding any other provision of law, any area 
eligible for rural housing programs of the Rural Housing Service on 
September 30, 2012, shall remain eligible for such programs until 
September 30, 2013.
    Sec. 732.  None of the funds made available by this Act may be used 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, make a grant to, or provide a loan or loan guarantee to 
any corporation that was convicted (or had an officer or agent of such 
corporation acting on behalf of the corporation convicted) of a felony 
criminal violation under any Federal or State law within the preceding 
24 months, where the awarding agency is aware of the conviction, unless 
the agency has considered suspension or debarment of the corporation, or 
such officer or agent, and made a determination that this further action 
is not necessary to protect the interests of the Government.
    Sec. 733.  None of the funds made available by this Act may be used 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, make a grant to, or provide a loan or loan guarantee to, 
any corporation that any unpaid Federal tax liability that has been 
assessed, for which all judicial and administrative remedies have been 
exhausted or have lapsed, and that is not being paid in a timely manner 
pursuant to an agreement with the authority responsible for collecting 
the tax liability, where the awarding agency is aware of the unpaid tax 
liability, unless the agency has considered suspension or debarment of 
the corporation and made a determination that this further action is not 
necessary to protect the interests of the Government.
    Sec. 734.  None of the funds made available by this Act may be used 
to pay the salaries and expenses of personnel who provide nonrecourse 
marketing assistance loans for mohair under section 1201 of the Food, 
Conservation, and Energy Act of 2008 (7 U.S.C. 8731).
    Sec. 735.  In the event that a determination of non-regulated status 
made pursuant to section 411 of the Plant Protection Act

[[Page 127 STAT. 232]]

is or has been invalidated or vacated, the Secretary of Agriculture 
shall, notwithstanding any other provision of law, upon request by a 
farmer, grower, farm operator, or producer, immediately grant temporary 
permit(s) or temporary deregulation in part, subject to necessary and 
appropriate conditions consistent with section 411(a) or 412(c) of the 
Plant Protection Act, which interim conditions shall authorize the 
movement, introduction, continued cultivation, commercialization and 
other specifically enumerated activities and requirements, including 
measures designed to mitigate or minimize potential adverse 
environmental effects, if any, relevant to the Secretary's evaluation of 
the petition for non-regulated status, while ensuring that growers or 
other users are able to move, plant, cultivate, introduce into commerce 
and carry out other authorized activities in a timely manner:  Provided, 
That all such conditions shall be applicable only for the interim period 
necessary for the Secretary to complete any required analyses or 
consultations related to the petition for non-regulated status:  
Provided further, That nothing in this section shall be construed as 
limiting the Secretary's authority under section 411, 412 and 414 of the 
Plant Protection Act.
    Sec. 736.  None of the funds made available by this or any other Act 
may be used to pay for mitigation associated with the removal of Federal 
Energy Regulatory Commission Project number 2342.
    Sec. 737.  <<NOTE: Rescission.>> Of the unobligated balance of funds 
available to the Department of Agriculture for the cost of broadband 
loans under the heading ``Rural Development Programs--Rural Utilities 
Service--Distance Learning, Telemedicine, and Broadband Program'' in 
prior appropriation Acts, $25,320,000 is rescinded.

    Sec. 738.  <<NOTE: Rescission.>> Of the unobligated balances 
provided pursuant to section 9004(d)(1) of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8104), $28,045,000 are hereby 
rescinded.

    Sec. 739.  Funds received by the Secretary of Agriculture in the 
global settlement of any Federal litigation concerning Federal mortgage 
loans during fiscal year 2012 may be expended, in addition to any other 
available funds, by the Rural Housing Service to pay for costs 
associated with servicing single family housing loans guaranteed by the 
Rural Housing Service and such funds shall remain available until 
expended.
    Sec. 740.  <<NOTE: Deadline. Spending plan.>> Not later than 30 days 
after the date of enactment of this Act, the Secretary of Agriculture, 
the Commissioner of the Food and Drug Administration, and the Chairman 
of the Farm Credit Administration shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a detailed 
spending plan by program, project, and activity for the funds made 
available under this Act.

    Sec. 741.  There is hereby appropriated for the ``Emergency 
Conservation Program'', $11,100,000, to remain available until expended; 
for the ``Emergency Forestry Restoration Program'', $14,200,000, to 
remain available until expended; and for the ``Emergency Watershed 
Protection Program'', $65,454,000, to remain available until expended:  
Provided, That not less than $48,257,000 made available for the 
Emergency Watershed Protection Program under this general provision are 
provided for necessary expenses for a major disaster declaration issued 
under the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et. seq.).

[[Page 127 STAT. 233]]

    Sec. 742.  <<NOTE: Regulations. Deadlines.>> None of the funds made 
available by this or any other Act may be used to write, prepare, or 
publish a final rule or an interim final rule in furtherance of, or 
otherwise to implement, ``Implementation of Regulations Required Under 
Title XI, of the Food, Conservation and Energy Act of 2008; Conduct in 
Violation of the Act'' (75 Fed. Reg. 35338 (June 22, 2010)) unless the 
combined annual cost to the economy of such rules does not exceed 
$100,000,000 or such rules have already been published in compliance 
with Section 721 of the Consolidated and Further Continuing 
Appropriations Act, 2012, Public Law 112-55:  Provided, That no funds 
made available by this or any other Act be used to publish a final or 
interim final rule in furtherance of, or otherwise to implement, 
proposed sections 201.2(l), 201.2(t), 201.2(u), 201.3(c), 201.210, 
201.211, 201.213, or 201.214 of ``Implementation of Regulations Required 
Under Title XI of the Food, Conservation and Energy Act of 2008; Conduct 
in Violation of the Act'' (75 Fed. Reg. 35338 (June 22, 2010)):  
Provided further, That none of the funds made available by this or any 
other Act may be used to implement such rules until 60 days from the 
publication date of such rules:  Provided further, That none of the 
funds made available by this Act may be used to enforce or to take 
regulatory action based on or in furtherance of sections 201.2(o), 
201.3(a), or 201.215(a), of Title 9 of the Code of Federal Regulations, 
as they exist at the time this Act is passed, or to write, prepare, or 
publish a final or interim final rule in furtherance of, or otherwise to 
implement, the definitions or criteria embodied in these sections:  
Provided further, That the Secretary of Agriculture shall, within 60 
days, rescind sections 201.2(o), 201.3(a), or 201.215(a), of Title 9 of 
the Code of Federal Regulations.

    Sec. 743.  Notwithstanding any other provision of this Act--
            (1) the amount made available for buildings operations and 
        maintenance expenses in the matter before the first proviso 
        under the heading ``Agriculture Buildings and Facilities and 
        Rental Payments'' under the heading ``AGRICULTURAL PROGRAMS'' in 
        title I shall be $52,169,000;
            (2) the amount made available for necessary expenses to 
        carry out services authorized by the Federal Meat Inspection 
        Act, the Poultry Products Inspection Act, and the Egg Products 
        Inspection Act in the matter before the first proviso under the 
        heading ``Food Safety and Inspection Service'' under the heading 
        ``AGRICULTURAL PROGRAMS'' in title I shall be $1,056,427,000; 
        and
            (3) the amount made available to provide competitive grants 
        to State agencies in the second proviso under the heading 
        ``child nutrition programs'' under the heading ``Food and 
        Nutrition Service'' under the heading ``DOMESTIC FOOD PROGRAMS'' 
        in title IV shall be $10,000,000.

    This division may be cited as the ``Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2013''.

  DIVISION B--COMMERCE <<NOTE: Commerce, Justice, Science, and Related 
  Agencies Appropriations Act, 2013.>> , JUSTICE, SCIENCE, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2013

     The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for Departments of Commerce and 
Justice, and Science, and Related Agencies for the

[[Page 127 STAT. 234]]

fiscal year ending September 30, 2013, and for other purposes, namely:

TITLE I <<NOTE: Department of Commerce Appropriations Act, 2013.>> 

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                      operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to sections 3702 and 3703 of title 44, 
United States Code; full medical coverage for dependent members of 
immediate families of employees stationed overseas and employees 
temporarily posted overseas; travel and transportation of employees of 
the International Trade Administration between two points abroad, 
without regard to section 40118 of title 49, United States Code; 
employment of citizens of the United States and aliens by contract for 
services; rental of space abroad for periods not exceeding 10 years, and 
expenses of alteration, repair, or improvement; purchase or construction 
of temporary demountable exhibition structures for use abroad; payment 
of tort claims, in the manner authorized in the first paragraph of 
section 2672 of title 28, United States Code, when such claims arise in 
foreign countries; not to exceed $294,300 for official representation 
expenses abroad; purchase of passenger motor vehicles for official use 
abroad, not to exceed $45,000 per vehicle; obtaining insurance on 
official motor vehicles; and rental of tie lines, $482,538,000, to 
remain available until September 30, 2014, of which $11,360,000 is to be 
derived from fees to be retained and used by the International Trade 
Administration, notwithstanding section 3302 of title 31, United States 
Code:  Provided, That, of amounts provided under this heading, not less 
than $16,400,000 shall be for China antidumping and countervailing duty 
enforcement and compliance activities:  Provided further, That the 
provisions of the first sentence of section 105(f) and all of section 
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these 
activities; and that for the purpose of this Act, contributions under 
the provisions of the Mutual Educational and Cultural Exchange Act of 
1961 shall include payment for assessments for services provided as part 
of these activities.

                     Bureau of Industry and Security

                      operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed overseas; 
employment of citizens of the United States and aliens by contract for 
services abroad; payment of tort claims, in the manner authorized in the 
first paragraph of section 2672 of title

[[Page 127 STAT. 235]]

28, United States Code, when such claims arise in foreign countries; not 
to exceed $13,500 for official representation expenses abroad; awards of 
compensation to informers under the Export Administration Act of 1979, 
and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat. 
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles for 
official use and motor vehicles for law enforcement use with special 
requirement vehicles eligible for purchase without regard to any price 
limitation otherwise established by law, $101,796,000, to remain 
available until expended:  Provided, <<NOTE: Applicability.>> That the 
provisions of the first sentence of section 105(f) and all of section 
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these 
activities:  Provided further, That payments and contributions collected 
and accepted for materials or services provided as part of such 
activities may be retained for use in covering the cost of such 
activities, and for providing information to the public with respect to 
the export administration and national security activities of the 
Department of Commerce and other export control programs of the United 
States and other governments.

                   Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, for trade adjustment 
assistance, for the cost of loan guarantees authorized by section 26 of 
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3721), 
and for grants, and for the cost of loan guarantees authorized by 
section 27 (15 U.S.C. 3722) of such Act, $187,300,000, to remain 
available until expended; of which $5,000,000 shall be for projects to 
facilitate the relocation, to the United States, of a source of 
employment located outside the United States; of which $5,000,000 shall 
be for loan guarantees under section 26; and of which up to $5,000,000 
shall be for loan guarantees under section 27:  Provided, That the costs 
for loan guarantees, including the cost of modifying such loans, shall 
be as defined in section 502 of the Congressional Budget Act of 1974:  
Provided further, That these funds for loan guarantees under such 
sections 26 and 27 combined are available to subsidize total loan 
principal, any part of which is to be guaranteed, not to exceed 
$70,000,000.

                          salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $37,500,000:  Provided, That 
these funds may be used to monitor projects approved pursuant to title I 
of the Public Works Employment Act of 1976, title II of the Trade Act of 
1974, and the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency

                      minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise,

[[Page 127 STAT. 236]]

including expenses of grants, contracts, and other agreements with 
public or private organizations, $28,689,000.

                    Economic and Statistical Analysis

                          salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$100,228,000, to remain available until September 30, 2014.

                          Bureau of the Census

                          salaries and expenses

    For necessary expenses for collecting, compiling, analyzing, 
preparing and publishing statistics, provided for by law, $256,255,000:  
Provided, That, from amounts provided herein, funds may be used for 
promotion, outreach, and marketing activities.

                     periodic censuses and programs

    For necessary expenses for collecting, compiling, analyzing, 
preparing and publishing statistics for periodic censuses and programs, 
provided for by law, $667,953,000, to remain available until September 
30, 2014:  Provided, That $649,953,000 is appropriated from the general 
fund and $18,000,000 is derived from available unobligated balances from 
the Census Working Capital Fund:  Provided further, That from amounts 
provided herein, funds may be used for promotion, outreach, and 
marketing activities:  Provided further, That within the amounts 
appropriated, $1,000,000 shall be transferred to the ``Office of 
Inspector General'' account for activities associated with carrying out 
investigations and audits related to the Bureau of the Census.

       National Telecommunications and Information Administration

                          salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $45,994,000, 
to remain available until September 30, 2014:  Provided, That, 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, operations, and related services, and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended:  Provided further, That 
the Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from other 
Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.

[[Page 127 STAT. 237]]

     public telecommunications facilities, planning and construction

    For the administration of prior-year grants, recoveries and 
unobligated balances of funds previously appropriated are available for 
the administration of all open grants until their expiration.

                United States Patent and Trademark Office

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the United States Patent and Trademark 
Office (USPTO) provided for by law, including defense of suits 
instituted against the Under Secretary of Commerce for Intellectual 
Property and Director of the USPTO, $2,933,241,000, to remain available 
until expended:  Provided, That the sum herein appropriated from the 
general fund shall be reduced as offsetting collections of fees and 
surcharges assessed and collected by the USPTO under any law are 
received during fiscal year 2013, so as to result in a fiscal year 2013 
appropriation from the general fund estimated at $0:  Provided further, 
That during fiscal year 2013, should the total amount of such offsetting 
collections be less than $2,933,241,000 this amount shall be reduced 
accordingly:  Provided further, That any amount received in excess of 
$2,933,241,000 in fiscal year 2013 and deposited in the Patent and 
Trademark Fee Reserve Fund shall remain available until expended: 
<<NOTE: Spending plan.>> Provided further, That the Director of USPTO 
shall submit a spending plan to the Committees on Appropriations of the 
House of Representatives and the Senate for any amounts made available 
by the preceding proviso and such spending plan shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section:  Provided further, That from amounts provided 
herein, not to exceed $900 shall be made available in fiscal year 2013 
for official reception and representation expenses:  Provided further, 
That in fiscal year 2013 from the amounts made available for ``Salaries 
and Expenses'' for the USPTO, the amounts necessary to pay (1) the 
difference between the percentage of basic pay contributed by the USPTO 
and employees under section 8334(a) of title 5, United States Code, and 
the normal cost percentage (as defined by section 8331(17) of that 
title) as provided by the Office of Personnel Management (OPM) for 
USPTO's specific use, of basic pay, of employees subject to subchapter 
III of chapter 83 of that title, and (2) the present value of the 
otherwise unfunded accruing costs, as determined by OPM for USPTO's 
specific use of post-retirement life insurance and post-retirement 
health benefits coverage for all USPTO employees who are enrolled in 
Federal Employees Health Benefits (FEHB) and Federal Employees Group 
Life Insurance (FEGLI), shall be transferred to the Civil Service 
Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as 
appropriate, and shall be available for the authorized purposes of those 
accounts:  Provided further, That any differences between the present 
value factors published in OPM's yearly 300 series benefit letters and 
the factors that OPM provides for USPTO's specific use shall be 
recognized as an imputed cost on USPTO's financial statements,

[[Page 127 STAT. 238]]

where applicable:  Provided further, That, notwithstanding any other 
provision of law, all fees and surcharges assessed and collected by 
USPTO are available for USPTO only pursuant to section 42(c) of title 
35, United States Code, as amended by section 22 of the Leahy-Smith 
America Invents Act (Public Law 112-29):  Provided further, That within 
the amounts appropriated, $2,000,000 shall be transferred to the 
``Office of Inspector General'' account for activities associated with 
carrying out investigations and audits related to the USPTO.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology (NIST), $621,173,000, to remain available until expended, of 
which not to exceed $9,000,000 may be transferred to the ``Working 
Capital Fund'':  Provided, That not to exceed $5,000 shall be for 
official reception and representation expenses:  Provided further, That 
NIST may provide local transportation for summer undergraduate research 
fellowship program participants.

                     industrial technology services

    For necessary expenses for industrial technology services, 
$143,000,000, to remain available until expended, of which $128,500,000 
shall be for the Hollings Manufacturing Extension Partnership, and of 
which $14,500,000 shall be for the Advanced Manufacturing Technology 
Consortia.

                   construction of research facilities

    For construction of new research facilities, including architectural 
and engineering design, and for renovation and maintenance of existing 
facilities, not otherwise provided for the National Institute of 
Standards and Technology, as authorized by sections 13 through 15 of the 
National Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $60,000,000, to remain available until expended: <<NOTE: Budget 
estimate. 15 USC 1513b note.>>   Provided, That the Secretary of 
Commerce shall include in the budget justification materials that the 
Secretary submits to Congress in support of the Department of Commerce 
budget (as submitted with the budget of the President under section 
1105(a) of title 31, United States Code) an estimate for each National 
Institute of Standards and Technology construction project having a 
total multi-year program cost of more than $5,000,000 and simultaneously 
the budget justification materials shall include an estimate of the 
budgetary requirements for each such project for each of the five 
subsequent fiscal years.

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                      (including transfer of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; grants,

[[Page 127 STAT. 239]]

contracts, or other payments to nonprofit organizations for the purposes 
of conducting activities pursuant to cooperative agreements; and 
relocation of facilities, $3,112,614,000, to remain available until 
September 30, 2014, except that funds provided for cooperative 
enforcement shall remain available until September 30, 2015:  Provided, 
That fees and donations received by the National Ocean Service for the 
management of national marine sanctuaries may be retained and used for 
the salaries and expenses associated with those activities, 
notwithstanding section 3302 of title 31, United States Code:  Provided 
further, That in addition, $119,064,000 shall be derived by transfer 
from the fund entitled ``Promote and Develop Fishery Products and 
Research Pertaining to American Fisheries'', which shall only be used 
for fishery activities related to Cooperative Research, Annual Stock 
Assessments, Survey and Monitoring Projects, Interjurisdictional 
Fisheries Grants, and Fish Information Networks:  Provided further, That 
of the $3,246,678,000 provided for in direct obligations under this 
heading $3,112,614,000 is appropriated from the general fund, 
$119,064,000 is provided by transfer and $15,000,000 is derived from 
recoveries of prior year obligations:  Provided further, That the total 
amount available for National Oceanic and Atmospheric Administration 
corporate services administrative support costs shall not exceed 
$212,664,000:  Provided further, That any deviation from the amounts 
designated for specific activities in the statement accompanying this 
Act, or any use of deobligated balances of funds provided under this 
heading in previous years, shall be subject to the procedures set forth 
in section 505 of <<NOTE: Grants.>> this Act:  Provided further, That in 
allocating grants under sections 306 and 306A of the Coastal Zone 
Management Act of 1972, as amended, no coastal State shall receive more 
than 5 percent or less than 1 percent of increased funds appropriated 
over the previous fiscal year:  Provided further, That in addition, for 
necessary retired pay expenses under the Retired Serviceman's Family 
Protection and Survivor Benefits Plan, and for payments for the medical 
care of retired personnel and their dependents under the Dependents 
Medical Care Act (10 U.S.C. 55), such sums as may be necessary.

                procurement, acquisition and construction

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic and 
Atmospheric Administration, $1,926,036,000, to remain available until 
September 30, 2015, except that funds provided for construction of 
facilities shall remain available until expended:  Provided, That of the 
$1,941,036,000 provided for in direct obligations under this heading, 
$1,926,036,000 is appropriated from the general fund and $15,000,000 is 
provided from recoveries of prior year obligations:  Provided further, 
That any deviation from the amounts designated for specific activities 
in the statement accompanying this Act, or any use of deobligated 
balances of funds provided under this heading in previous years, shall 
be subject to the procedures set forth in section <<NOTE: Budget 
estimate.>> 505 of this Act:  Provided further, That the Secretary of 
Commerce shall include in budget justification materials that the 
Secretary submits to Congress in support of the Department of Commerce 
budget (as submitted with the budget of the President under section 
1105(a) of title 31, United States Code) an estimate for each National 
Oceanic and Atmospheric

[[Page 127 STAT. 240]]

Administration procurement, acquisition or construction project having a 
total of more than $5,000,000 and simultaneously the budget 
justification shall include an estimate of the budgetary requirements 
for each such project for each of the 5 subsequent fiscal years:  
Provided further, That, within the amounts appropriated, $1,000,000 
shall be transferred to the ``Office of Inspector General'' account for 
activities associated with carrying out investigations and audits 
related to satellite procurement, acquisition and construction.

                     pacific coastal salmon recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations, $65,000,000, to remain available until September 30, 
2014:  <<NOTE: Guidelines.>> Provided, That, of the funds provided 
herein, the Secretary of Commerce may issue grants to the States of 
Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the 
Federally recognized tribes of the Columbia River and Pacific Coast 
(including Alaska), for projects necessary for conservation of salmon 
and steelhead populations that are listed as threatened or endangered, 
or that are identified by a State as at-risk to be so listed, for 
maintaining populations necessary for exercise of tribal treaty fishing 
rights or native subsistence fishing, or for conservation of Pacific 
coastal salmon and steelhead habitat, based on guidelines to be 
developed by the Secretary of Commerce:  Provided further, That all 
funds shall be allocated based on scientific and other merit principles 
and shall not be available for marketing activities:  Provided further, 
That funds disbursed to States shall be subject to a matching 
requirement of funds or documented in-kind contributions of at least 33 
percent of the Federal funds.

                      fishermen's contingency fund

    For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $350,000, to be derived from receipts collected pursuant 
to that Act, to remain available until expended.

                    fisheries finance program account

    Subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal year 2013, obligations of direct loans may not exceed 
$24,000,000 for Individual Fishing Quota loans and not to exceed 
$59,000,000 for traditional direct loans as authorized by the Merchant 
Marine Act of 1936:  Provided, That none of the funds made available 
under this heading may be used for direct loans for any new fishing 
vessel that will increase the harvesting capacity in any United States 
fishery.

                         Departmental Management

                          salaries and expenses

    For necessary expenses for the management of the Department of 
Commerce provided for by law, including not to exceed $4,500 for 
official reception and representation, <<NOTE: Task force. Reports. 15 
USC 1543.>> $56,000,000:  Provided, That the Secretary of Commerce shall 
maintain a task force on job repatriation and manufacturing growth and 
shall produce an

[[Page 127 STAT. 241]]

annual report on related incentive strategies, implementation plans and 
program results.

                      renovation and modernization

    For expenses necessary for the renovation and modernization of 
Department of Commerce facilities, $2,040,000, to remain available until 
expended.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $28,753,000.

               General Provisions--Department of Commerce

    Sec. 101.  <<NOTE: Certification.>> During the current fiscal year, 
applicable appropriations and funds made available to the Department of 
Commerce by this Act shall be available for the activities specified in 
the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the 
manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may 
be used for advanced payments not otherwise authorized only upon the 
certification of officials designated by the Secretary of Commerce that 
such payments are in the public interest.

    Sec. 102.  During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 103.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers:  Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in 
that <<NOTE: Notification. Deadline.>> section:  Provided further, That 
the Secretary of Commerce shall notify the Committees on Appropriations 
at least 15 days in advance of the acquisition or disposal of any 
capital asset (including land, structures, and equipment) not 
specifically provided for in this Act or any other law appropriating 
funds for the Department of Commerce.

    Sec. 104.  Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to funding 
reductions included in this title or from actions taken for the care and 
protection of loan collateral or grant property shall be absorbed within 
the total budgetary resources available to such department or agency:  
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act:  Provided 
further, That use of funds to carry out this section shall be treated as 
a reprogramming of funds under section 505 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.

[[Page 127 STAT. 242]]

    Sec. 105. (a) Section 105(f) of the Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2012 (Public Law 112-55) <<NOTE: 33 
USC 878a.>>  is amended--
            (1) by striking ``paragraph (2)'' and inserting ``subsection 
        (e)(2)''; and
            (2) by striking ``this subsection'' and inserting 
        ``subsection (e)''.

    (b) <<NOTE: Incorporation by reference. 33 USC 878a note.>> The 
requirements set forth by section 105 of the Commerce, Justice, Science, 
and Related Agencies Appropriations Act, 2012 (Public Law 112-55), as 
amended by subsection (a) of this section, are hereby adopted by 
reference.

    Sec. 106.  Notwithstanding any other provision of law, the Secretary 
may furnish services (including but not limited to utilities, 
telecommunications, and security services) necessary to support the 
operation, maintenance, and improvement of space that persons, firms, or 
organizations are authorized, pursuant to the Public Buildings 
Cooperative Use Act of 1976 or other authority, to use or occupy in the 
Herbert C. Hoover Building, Washington, DC, or other buildings, the 
maintenance, operation, and protection of which has been delegated to 
the Secretary from the Administrator of General Services pursuant to the 
Federal Property and Administrative Services Act of 1949 on a 
reimbursable or non-reimbursable basis. Amounts received as 
reimbursement for services provided under this section or the authority 
under which the use or occupancy of the space is authorized, up to 
$200,000, shall be credited to the appropriation or fund which initially 
bears the costs of such services.
    Sec. 107.  Nothing in this title shall be construed to prevent a 
grant recipient from deterring child pornography, copyright 
infringement, or any other unlawful activity over its networks.
    Sec. 108.  The Administrator of the National Oceanic and Atmospheric 
Administration is authorized to use, with their consent, with 
reimbursement and subject to the limits of available appropriations, the 
land, services, equipment, personnel, and facilities of any department, 
agency, or instrumentality of the United States, or of any State, local 
government, Indian tribal government, Territory, or possession, or of 
any political subdivision thereof, or of any foreign government or 
international organization, for purposes related to carrying out the 
responsibilities of any statute administered by the National Oceanic and 
Atmospheric Administration.
    Sec. 109.  <<NOTE: Deadline. Reports.>> The Department of Commerce 
shall provide a monthly report to the Committees on Appropriations of 
the House of Representatives and the Senate on any official travel to 
China by any employee of the U.S. Department of Commerce, including the 
purpose of such travel.

    Sec. 110.  Section 113(b)(3) of division B of Public Law 112-
55 <<NOTE: 125 Stat. 603.>>  is amended by striking ``2012'' and 
inserting ``2013''.

    This title may be cited as the ``Department of Commerce 
Appropriations Act, 2013''.

[[Page 127 STAT. 243]]

TITLE II <<NOTE: Department of Justice Appropriations Act, 2013.>> 

                          DEPARTMENT OF JUSTICE

                         General Administration

                          salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $110,822,000, of which not to exceed $4,000,000 for security 
and construction of Department of Justice facilities shall remain 
available until expended.

                 justice information sharing technology

    For necessary expenses for information sharing technology, including 
planning, development, deployment and departmental direction, 
$33,426,000, to remain available until expended.

                    administrative review and appeals

                      (including transfer of funds)

    For expenses necessary for the administration of pardon and clemency 
petitions and immigration-related activities, $313,438,000, of which 
$4,000,000 shall be derived by transfer from the Executive Office for 
Immigration Review fees deposited in the ``Immigration Examinations 
Fee'' account.

                       office of inspector general

    For necessary expenses of the Office of Inspector General, 
$85,985,000, including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character.

                     United States Parole Commission

                          salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized, $12,772,000.

                            Legal Activities

             salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department of 
Justice, not otherwise provided for, including not to exceed $20,000 for 
expenses of collecting evidence, to be expended under the direction of, 
and to be accounted for solely under the certificate of, the Attorney 
General; and rent of private or Government-owned space in the District 
of Columbia, $881,000,000, of which not to exceed $10,000,000 for 
litigation support contracts shall remain available until expended:  
Provided, That of the total amount appropriated, not to exceed $9,000 
shall be available to INTERPOL Washington for official reception 
and <<NOTE: Determination.>> representation expenses:  Provided further, 
That notwithstanding section 205 of this Act, upon a determination by 
the Attorney General that emergent circumstances require additional 
funding for litigation activities of

[[Page 127 STAT. 244]]

the Civil Division, the Attorney General may transfer such amounts to 
``Salaries and Expenses, General Legal Activities'' from available 
appropriations for the current fiscal year for the Department of 
Justice, as may be necessary to respond to such circumstances:  Provided 
further, That any transfer pursuant to the previous proviso shall be 
treated as a reprogramming under section 505 of this Act and shall not 
be available for obligation or expenditure except in compliance with the 
procedures set forth in that section:  Provided further, That of the 
amount appropriated, such sums as may be necessary shall be available to 
reimburse the Office of Personnel Management for salaries and expenses 
associated with the election monitoring program under section 8 of the 
Voting Rights Act of 1965 (42 U.S.C. 1973f):  Provided further, That of 
the amounts provided under this heading for the election monitoring 
program, $3,390,000 shall remain available until expended.

    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated 
from the Vaccine Injury Compensation Trust Fund.

                salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $162,170,000, to remain available until expended:  Provided, That 
notwithstanding any other provision of law, fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and 
estimated to be $115,000,000 in fiscal year 2013), shall be retained and 
used for necessary expenses in this appropriation, and shall remain 
available until expended:  Provided further, That the sum herein 
appropriated from the general fund shall be reduced as such offsetting 
collections are received during fiscal year 2013, so as to result in a 
final fiscal year 2013 appropriation from the general fund estimated at 
$47,170,000.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,969,687,000:  Provided, That of the total amount appropriated, not to 
exceed $7,200 shall be available for official reception and 
representation expenses:  Provided further, That not to exceed 
$25,000,000 shall remain available until <<NOTE: Human 
trafficking.>> expended:  Provided further, That each United States 
Attorney shall establish or participate in a United States Attorney-led 
task force on human trafficking:  Provided <<NOTE: Certification.>>  
further, That of the total amount appropriated, $10,000,000 shall only 
be available after the Attorney General certifies that each United 
States Attorney is participating in a United States Attorney-led task 
force on human trafficking.

                    united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized, $223,258,000, to remain available until expended and to be 
derived from the United States Trustee System Fund:  Provided, That not 
less than $1,500,000 shall be for debtor audits:

[[Page 127 STAT. 245]]

 Provided further, That, notwithstanding any other provision of law, 
deposits to the Fund shall be available in such amounts as may be 
necessary to pay refunds due depositors:  Provided further, That, 
notwithstanding any other provision of law, $223,258,000 of offsetting 
collections pursuant to section 589a(b) of title 28, United States Code, 
shall be retained and used for necessary expenses in this appropriation 
and shall remain available until expended:  Provided further, That the 
sum herein appropriated from the Fund shall be reduced as such 
offsetting collections are received during fiscal year 2013, so as to 
result in a final fiscal year 2013 appropriation from the Fund estimated 
at $0.

       salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 
section 3109 of title 5, United States Code, $2,000,000.

                     fees and expenses of witnesses

    For fees and expenses of witnesses, for expenses of contracts for 
the procurement and supervision of expert witnesses, for private counsel 
expenses, including advances, and for expenses of foreign counsel, 
$270,000,000, to remain available until expended, of which not to exceed 
$10,000,000 is for construction of buildings for protected witness 
safesites; not to exceed $3,000,000 is for the purchase and maintenance 
of armored and other vehicles for witness security caravans; and not to 
exceed $11,000,000 is for the purchase, installation, maintenance, and 
upgrade of secure telecommunications equipment and a secure automated 
information network to store and retrieve the identities and locations 
of protected witnesses.

           salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
$12,036,000:  <<NOTE: Determination.>> Provided, That notwithstanding 
section 205 of this Act, upon a determination by the Attorney General 
that emergent circumstances require additional funding for conflict 
resolution and violence prevention activities of the Community Relations 
Service, the Attorney General may transfer such amounts to the Community 
Relations Service, from available appropriations for the current fiscal 
year for the Department of Justice, as may be necessary to respond to 
such circumstances:  Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                         assets forfeiture fund

    For expenses authorized by subparagraphs (B), (F), and (G) of 
section 524(c)(1) of title 28, United States Code, $20,948,000, to be 
derived from the Department of Justice Assets Forfeiture Fund.

[[Page 127 STAT. 246]]

                     United States Marshals Service

                          salaries and expenses

    For necessary expenses of the United States Marshals Service, 
$1,196,000,000, of which not to exceed $6,000 shall be available for 
official reception and representation expenses, and not to exceed 
$15,000,000 shall remain available until expended.

                              construction

    For construction in space controlled, occupied or utilized by the 
United States Marshals Service for prisoner holding and related support, 
$10,000,000, to remain available until expended.

                        federal prisoner detention

                      (including transfer of funds)

    For necessary expenses related to United States prisoners in the 
custody of the United States Marshals Service as authorized by section 
4013 of title 18, United States Code, $1,647,383,000, to remain 
available until expended:  Provided, That not to exceed $20,000,000 
shall be considered ``funds appropriated for State and local law 
enforcement assistance'' pursuant to section 4013(b) of title 18, United 
States Code:  Provided further, That the United States Marshals Service 
shall be responsible for managing the Justice Prisoner and Alien 
Transportation System:  Provided further, That any unobligated balances 
available from funds appropriated under the heading ``General 
Administration, Detention Trustee'' shall be transferred to and merged 
with the appropriation under this heading.

                       National Security Division

                          salaries and expenses

    For expenses necessary to carry out the activities of the National 
Security Division, $90,039,000, of which not to exceed $5,000,000 for 
information technology systems shall remain available 
until <<NOTE: Determination.>> expended:  Provided, That notwithstanding 
section 205 of this Act, upon a determination by the Attorney General 
that emergent circumstances require additional funding for the 
activities of the National Security Division, the Attorney General may 
transfer such amounts to this heading from available appropriations for 
the current fiscal year for the Department of Justice, as may be 
necessary to respond to such circumstances:  Provided further, That any 
transfer pursuant to the preceding proviso shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.

                       Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the identification, investigation, and 
prosecution of individuals associated with the most significant drug

[[Page 127 STAT. 247]]

trafficking and affiliated money laundering organizations not otherwise 
provided for, to include inter-governmental agreements with State and 
local law enforcement agencies engaged in the investigation and 
prosecution of individuals involved in organized crime drug trafficking, 
$521,793,000, of which $50,000,000 shall remain available until 
expended:  Provided, That any amounts obligated from appropriations 
under this heading may be used under authorities available to the 
organizations reimbursed from this appropriation.

                     Federal Bureau of Investigation

                          salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States, $8,185,007,000, of which not to exceed $216,900,000 shall remain 
available until expended:  Provided, That not to exceed $184,500 shall 
be available for official reception and representation expenses: 
<<NOTE: Review.>> Provided further, That $500,000 shall be for a 
comprehensive review of the implementation of the recommendations 
related to the Federal Bureau of Investigation that were proposed in the 
report issued by the National Commission on Terrorist Attacks Upon the 
United States.

                              construction

    For necessary expenses, to include the cost of equipment, furniture, 
and information technology requirements, related to construction or 
acquisition of buildings, facilities and sites by purchase, or as 
otherwise authorized by law; conversion, modification and extension of 
Federally-owned buildings; preliminary planning and design of projects; 
and operation and maintenance of secure work environment facilities and 
secure networking capabilities; $80,982,000, to remain available until 
expended.

                     Drug Enforcement Administration

                          salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to section 530C of title 28, United 
States Code; and expenses for conducting drug education and training 
programs, including travel and related expenses for participants in such 
programs and the distribution of items of token value that promote the 
goals of such programs, $2,050,904,000; of which not to exceed 
$75,000,000 shall remain available until expended and not to exceed 
$90,000 shall be available for official reception and representation 
expenses.

           Bureau of Alcohol, Tobacco, Firearms and Explosives

                          salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, for training of State and local law enforcement agencies 
with or without reimbursement, including training in

[[Page 127 STAT. 248]]

connection with the training and acquisition of canines for explosives 
and fire accelerants detection; and for provision of laboratory 
assistance to State and local law enforcement agencies, with or without 
reimbursement, $1,153,345,000, of which not to exceed $36,000 shall be 
for official reception and representation expenses, not to exceed 
$1,000,000 shall be available for the payment of attorneys' fees as 
provided by section 924(d)(2) of title 18, United States Code, and not 
to exceed $15,000,000 shall remain available until expended:  
Provided, <<NOTE: 18 USC 921 note.>> That, in the current fiscal year 
and any fiscal year thereafter, no funds appropriated under this or any 
other Act shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to section 478.118 of title 27, 
Code of Federal Regulations, or to change the definition of ``Curios or 
relics'' in section 478.11 of title 27, Code of Federal Regulations, or 
remove any item from ATF Publication 5300.11 as it existed on January 1, 
1994:  Provided further, That none of the funds appropriated herein 
shall be available to investigate or act upon applications for relief 
from Federal firearms disabilities under section 925(c) of title 18, 
United States Code:  Provided further, That such funds shall be 
available to investigate and act upon applications filed by corporations 
for relief from Federal firearms disabilities under section 925(c) of 
title 18, United States Code:  Provided further, That no funds made 
available by this or any other Act may be used to transfer the 
functions, missions, or activities of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to other agencies or <<NOTE: 18 USC 923 
note.>> Departments:  Provided further, That, in the current fiscal year 
and any fiscal year thereafter, no funds made available by this or any 
other Act shall be expended to promulgate or implement any rule 
requiring a physical inventory of any business licensed under section 
923 of title 18, United States <<NOTE: 18 USC 923 note.>> Code:  
Provided further, That, in the current fiscal year and any fiscal year 
thereafter, no funds authorized or made available under this or any 
other Act may be used to deny any application for a license under 
section 923 of title 18, United States Code, or renewal of such a 
license due to a lack of business activity, provided that the applicant 
is otherwise eligible to receive such a license, and is eligible to 
report business income or to claim an income tax deduction for business 
expenses under the Internal Revenue Code of 1986.

                          Federal Prison System

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 835, of 
which 808 are for replacement only) and hire of law enforcement and 
passenger motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$6,820,217,000:  <<NOTE: 42 USC 250a.>> Provided, That the Attorney 
General may transfer to the Health Resources and Services Administration 
such amounts as may be necessary for direct expenditures by that 
Administration for medical relief for inmates of Federal penal and

[[Page 127 STAT. 249]]

correctional institutions:  Provided further, That the Director of the 
Federal Prison System, where necessary, may enter into contracts with a 
fiscal agent or fiscal intermediary claims processor to determine the 
amounts payable to persons who, on behalf of the Federal Prison System, 
furnish health services to individuals committed to the custody of the 
Federal Prison System:  Provided further, That not to exceed $5,400 
shall be available for official reception and representation expenses:  
Provided further, That not to exceed $50,000,000 shall remain available 
for necessary operations until September 30, 2014:  Provided further, 
That, of the amounts provided for contract confinement, not to exceed 
$20,000,000 shall remain available until expended to make payments in 
advance for grants, contracts and reimbursable agreements, and other 
expenses authorized by section 501(c) of the Refugee Education 
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security 
in the United States of Cuban and Haitian entrants:  Provided further, 
That the Director of the Federal Prison System may accept donated 
property and services relating to the operation of the prison card 
program from a not-for-profit entity which has operated such program in 
the past notwithstanding the fact that such not-for-profit entity 
furnishes services under contracts to the Federal Prison System relating 
to the operation of pre-release services, halfway houses, or other 
custodial facilities:  Provided further, That of the amount provided 
under this heading, not less than $99,496,000 shall be for activation of 
newly constructed prisons in Berlin, New Hampshire, Aliceville, Alabama, 
Yazoo City, Mississippi, and Hazelton, West Virginia, as requested in 
the Department's fiscal year 2013 budget.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$90,000,000, to remain available until expended, of which not less than 
$66,965,000 shall be available only for modernization, maintenance and 
repair, and of which not to exceed $14,000,000 shall be available to 
construct areas for inmate work programs:  Provided, That labor of 
United States prisoners may be used for work performed under this 
appropriation.

                 federal prison industries, incorporated

    The <<NOTE: Contracts.>> Federal Prison Industries, Incorporated, is 
hereby authorized to make such expenditures, within the limits of funds 
and borrowing authority available, and in accord with the law, and to 
make such contracts and commitments, without regard to fiscal year 
limitations as provided by section 9104 of title 31, United States Code, 
as may be necessary in carrying out the program set forth in the budget 
for the current fiscal year for such corporation, including purchase 
(not to exceed five for replacement only) and hire of passenger motor 
vehicles.

[[Page 127 STAT. 250]]

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $2,700,000 of the funds of the Federal Prison 
Industries, Incorporated shall be available for its administrative 
expenses, and for services as authorized by section 3109 of title 5, 
United States Code, to be computed on an accrual basis to be determined 
in accordance with the corporation's current prescribed accounting 
system, and such amounts shall be exclusive of depreciation, payment of 
claims, and expenditures which such accounting system requires to be 
capitalized or charged to cost of commodities acquired or produced, 
including selling and shipping expenses, and expenses in connection with 
acquisition, construction, operation, maintenance, improvement, 
protection, or disposition of facilities and other property belonging to 
the corporation or in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women, as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the 
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 
Act''); the Prosecutorial Remedies and Other Tools to end the 
Exploitation of Children Today Act of 2003 (Public Law 108-21); the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims 
services, $416,500,000, to remain available until expended:  Provided, 
That except as otherwise provided by law, not to exceed 5 percent of 
funds made available under this heading may be used for expenses related 
to evaluation, training, and technical assistance:  Provided 
further, <<NOTE: Grants.>> That of the amount provided--
            (1) $189,000,000 is for grants to combat violence against 
        women, as authorized by part T of the 1968 Act;
            (2) $25,000,000 is for transitional housing assistance 
        grants for victims of domestic violence, stalking or sexual 
        assault as authorized by section 40299 of the 1994 Act;
            (3) $3,500,000 is for the National Institute of Justice for 
        research and evaluation of violence against women and related 
        issues addressed by grant programs of the Office on Violence 
        Against Women, which may be transferred to ``Research, 
        Evaluation and Statistics'' for administration by the Office of 
        Justice Programs;
            (4) $10,000,000 is for a grant program to provide services 
        to advocate for and respond to youth victims of domestic 
        violence, dating violence, sexual assault, and stalking; 
        assistance to children and youth exposed to such violence; 
        programs

[[Page 127 STAT. 251]]

        to engage men and youth in preventing such violence; and 
        assistance to middle and high school students through education 
        and other services related to such violence:  Provided, That 
        unobligated balances available for the programs authorized by 
        sections 41201, 41204, 41303 and 41305 of the 1994 Act shall be 
        available for this program:  Provided further, That 10 percent 
        of the total amount available for this grant program shall be 
        available for grants under the program authorized by section 
        2015 of the 1968 Act:  Provided further, That the definitions 
        and grant conditions in section 40002 of the 1994 Act shall 
        apply to this program;
            (5) $50,000,000 is for grants to encourage arrest policies 
        as authorized by part U of the 1968 Act, of which $4,000,000 is 
        for a homicide reduction initiative;
            (6) $25,000,000 is for sexual assault victims assistance, as 
        authorized by section 41601 of the 1994 Act;
            (7) $36,500,000 is for rural domestic violence and child 
        abuse enforcement assistance grants, as authorized by section 
        40295 of the 1994 Act;
            (8) $9,000,000 is for grants to reduce violent crimes 
        against women on campus, as authorized by section 304 of the 
        2005 Act;
            (9) $41,000,000 is for legal assistance for victims, as 
        authorized by section 1201 of the 2000 Act;
            (10) $4,250,000 is for enhanced training and services to end 
        violence against and abuse of women in later life, as authorized 
        by section 40802 of the 1994 Act;
            (11) $15,500,000 is for a grant program to support families 
        in the justice system, including for the purposes described in 
        the safe havens for children program, as authorized by section 
        1301 of the 2000 Act, and the court training and improvements 
        program, as authorized by section 41002 of the 1994 Act;
            (12) $5,750,000 is for education and training to end 
        violence against and abuse of women with disabilities, as 
        authorized by section 1402 of the 2000 Act;
            (13) $500,000 is for the National Resource Center on 
        Workplace Responses to assist victims of domestic violence, as 
        authorized by section 41501 of the 1994 Act;
            (14) $1,000,000 is for analysis and research on violence 
        against Indian women, including as authorized by section 904 of 
        the 2005 Act, which may be transferred to ``Research, Evaluation 
        and Statistics'' for administration by the Office of Justice 
        Programs; and
            (15) $500,000 is for the Office on Violence Against Women to 
        establish a national clearinghouse that provides training and 
        technical assistance on issues relating to sexual assault of 
        American Indian and Alaska Native women.

                       Office of Justice Programs

                   research, evaluation and statistics

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency 
Prevention Act of 1974 (``the 1974 Act''); the Missing

[[Page 127 STAT. 252]]

Children's Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 
Remedies and Other Tools to end the Exploitation of Children Today Act 
of 2003 (Public Law 108-21); the Justice for All Act of 2004 (Public Law 
108-405); the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); the 
Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second 
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of 
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety Act 
of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT Our 
Children Act of 2008 (Public Law 110-401); subtitle D of title II of the 
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 Act''); 
the NICS Improvement Amendments Act of 2007 (Public Law 110-180); and 
other programs, $127,000,000, to remain available until expended, of 
which--
            (1) $48,000,000 is for criminal justice statistics programs, 
        and other activities, as authorized by part C of title I of the 
        1968 Act, of which $36,000,000 is for the administration and 
        redesign of the National Crime Victimization Survey;
            (2) $43,000,000 is for research, development, and evaluation 
        programs, and other activities as authorized by part B of title 
        I of the 1968 Act and subtitle D of title II of the 2002 Act:  
        Provided, That of the amounts provided under this paragraph, 
        $5,000,000 is transferred directly to the National Institute of 
        Standards and Technology's Office of Law Enforcement Standards 
        from the National Institute of Justice for research, testing and 
        evaluation programs;
            (3) $1,000,000 is for an evaluation clearinghouse program; 
        and
            (4) $35,000,000 is for regional information sharing 
        activities, as authorized by part M of title I of the 1968 Act.

               state and local law enforcement assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of 
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims 
Protection Reauthorization Act of 2005 (Public Law 109-164); the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child 
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh 
Act''); the Victims of Trafficking and Violence Protection Act of 2000 
(Public Law 106-386); the NICS Improvement Amendments Act of 2007 
(Public Law 110-180); subtitle D of title II of the Homeland Security 
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance 
Act of 2007 (Public Law 110-199); the Prioritizing Resources and 
Organization for Intellectual Property Act of 2008 (Public Law 110-403); 
the Victims of Crime Act of 1984 (Public Law 98-473); the Mentally Ill 
Offender Treatment and Crime Reduction Reauthorization and Improvement 
Act of 2008 (Public Law 110-416); and other programs, $1,140,418,000, to 
remain available until expended as follows--

[[Page 127 STAT. 253]]

            (1) $392,418,000 for the Edward Byrne Memorial Justice 
        Assistance Grant program as authorized by subpart 1 of part E of 
        title I of the 1968 Act (except that section 1001(c), and the 
        special rules for Puerto Rico under section 505(g), of title I 
        of the 1968 Act shall not apply for purposes of this Act), of 
        which, notwithstanding such subpart 1, $2,000,000 is for a 
        program to improve State and local law enforcement intelligence 
        capabilities including antiterrorism training and training to 
        ensure that constitutional rights, civil liberties, civil 
        rights, and privacy interests are protected throughout the 
        intelligence process, $4,000,000 is for a State, local, and 
        tribal assistance help desk and diagnostic center program, 
        $5,000,000 is for a Preventing Violence Against Law Enforcement 
        Officer Resilience and Survivability Initiative (VALOR), 
        $6,000,000 is for a criminal justice reform and recidivism 
        reduction program, and $4,000,000 is for use by the National 
        Institute of Justice for research targeted toward developing a 
        better understanding of the domestic radicalization phenomenon, 
        and advancing evidence-based strategies for effective 
        intervention and prevention;
            (2) $255,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 241(i)(5) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(i)(5)):  Provided, That no 
        jurisdiction shall request compensation for any cost greater 
        than the actual cost for Federal immigration and other detainees 
        housed in State and local detention facilities;
            (3) $5,000,000 for a border prosecutor initiative to 
        reimburse State, county, parish, tribal, or municipal 
        governments for costs associated with the prosecution of 
        criminal cases declined by local offices of the United States 
        Attorneys;
            (4) $19,000,000 for competitive grants to improve the 
        functioning of the criminal justice system, to prevent or combat 
        juvenile delinquency, and to assist victims of crime (other than 
        compensation);
            (5) $13,500,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386, and for programs authorized under Public Law 109-164;
            (6) $41,000,000 for Drug Courts, as authorized by section 
        1001(a)(25)(A) of title I of the 1968 Act;
            (7) $9,000,000 for mental health courts and adult and 
        juvenile collaboration program grants, as authorized by parts V 
        and HH of title I of the 1968 Act, and the Mentally Ill Offender 
        Treatment and Crime Reduction Reauthorization and Improvement 
        Act of 2008 (Public Law 110-416);
            (8) $12,500,000 for grants for Residential Substance Abuse 
        Treatment for State Prisoners, as authorized by part S of title 
        I of the 1968 Act;
            (9) $3,000,000 for the Capital Litigation Improvement Grant 
        Program, as authorized by section 426 of Public Law 108-405, and 
        for grants for wrongful conviction review;
            (10) $9,000,000 for economic, high technology and Internet 
        crime prevention grants, including as authorized by section 401 
        of Public Law 110-403;
            (11) $4,000,000 for a student loan repayment assistance 
        program pursuant to section 952 of Public Law 110-315;

[[Page 127 STAT. 254]]

            (12) $20,000,000 for implementation of the Adam Walsh Act 
        and related activities;
            (13) $13,000,000 for an initiative relating to children 
        exposed to violence;
            (14) $18,000,000 for an Edward Byrne Memorial criminal 
        justice innovation program;
            (15) $21,500,000 for the matching grant program for law 
        enforcement armor vests, as authorized by section 2501 of title 
        I of the 1968 Act:  Provided, That $1,500,000 is transferred 
        directly to the National Institute of Standards and Technology's 
        Office of Law Enforcement Standards for research, testing and 
        evaluation programs;
            (16) $1,000,000 for the National Sex Offender Public 
        Website;
            (17) $5,000,000 for competitive and evidence-based programs 
        to reduce gun crime and gang violence;
            (18) $12,000,000 for grants to assist State and tribal 
        governments and related activities, as authorized by the NICS 
        Improvement Amendments Act of 2007 (Public Law 110-180);
            (19) $6,000,000 for the National Criminal History 
        Improvement Program for grants to upgrade criminal records;
            (20) $12,000,000 for Paul Coverdell Forensic Sciences 
        Improvement Grants under part BB of title I of the 1968 Act;
            (21) $125,000,000 for DNA-related and forensic programs and 
        activities, of which--
                    (A) $117,000,000 is for a DNA analysis and capacity 
                enhancement program and for other local, State, and 
                Federal forensic activities, including the purposes 
                authorized under section 2 of the DNA Analysis Backlog 
                Elimination Act of 2000 (the Debbie Smith DNA Backlog 
                Grant Program):  Provided, That up to 4 percent of funds 
                made available under this paragraph may be used for the 
                purposes described in the DNA Training and Education for 
                Law Enforcement, Correctional Personnel, and Court 
                Officers program (Public Law 108-405, section 303);
                    (B) $4,000,000 is for the purposes described in the 
                Kirk Bloodsworth Post-Conviction DNA Testing Program 
                (Public Law 108-405, section 412); and
                    (C) $4,000,000 is for Sexual Assault Forensic Exam 
                Program Grants, including as authorized by section 304 
                of Public Law 108-405;
            (22) $6,000,000 for the court-appointed special advocate 
        program, as authorized by section 217 of the 1990 Act;
            (23) $38,000,000 for assistance to Indian tribes;
            (24) $68,750,000 for offender reentry programs and research, 
        as authorized by the Second Chance Act of 2007 (Public Law 110-
        199), of which not to exceed $5,000,000 is for a program to 
        improve State, local, and tribal probation supervision efforts 
        and strategies;
            (25) $4,000,000 for a veterans treatment courts program;
            (26) $1,000,000 for the purposes described in the Missing 
        Alzheimer's Disease Patient Alert Program (section 240001 of the 
        1994 Act);
            (27) $7,000,000 for a program to monitor prescription drugs 
        and scheduled listed chemical products;

[[Page 127 STAT. 255]]

            (28) $12,500,000 for prison rape prevention and prosecution 
        grants to States and units of local government, and other 
        programs, as authorized by the Prison Rape Elimination Act of 
        2003 (Public Law 108-79);
            (29) $3,500,000 for emergency law enforcement assistance, as 
        authorized by section 609M of the Justice Assistance Act of 1984 
        (42 U.S.C. 10513; Public Law 98-473); and
            (30) $2,750,000 to establish and operate a National Center 
        for Campus Public Safety:

  Provided,  That, if a unit of local government uses any of the funds 
made available under this heading to increase the number of law 
enforcement officers, the unit of local government will achieve a net 
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.

                        juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''); the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.); 
the Prosecutorial Remedies and Other Tools to end the Exploitation of 
Children Today Act of 2003 (Public Law 108-21); the Victims of Child 
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam 
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) 
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public 
Law 110-401); and other juvenile justice programs, $279,500,000, to 
remain available until expended as follows--
            (1) $44,000,000 for programs authorized by section 221 of 
        the 1974 Act, and for training and technical assistance to 
        assist small, nonprofit organizations with the Federal grants 
        process:  Provided, That of the amounts provided under this 
        paragraph, $500,000 shall be for a competitive demonstration 
        grant program to support emergency planning among State, local 
        and tribal juvenile justice residential facilities;
            (2) $90,000,000 for youth mentoring grants;
            (3) $20,000,000 for delinquency prevention, as authorized by 
        section 505 of the 1974 Act, of which, pursuant to sections 261 
        and 262 thereof--
                    (A) $10,000,000 shall be for the Tribal Youth 
                Program;
                    (B) $5,000,000 shall be for gang and youth violence 
                education, prevention and intervention, and related 
                activities; and
                    (C) $5,000,000 shall be for programs and activities 
                to enforce State laws prohibiting the sale of alcoholic 
                beverages to minors or the purchase or consumption of 
                alcoholic beverages by minors, for prevention and 
                reduction of consumption of alcoholic beverages by 
                minors, and for technical assistance and training;
            (4) $19,000,000 for programs authorized by the Victims of 
        Child Abuse Act of 1990;
            (5) $25,000,000 for the Juvenile Accountability Block Grants 
        program as authorized by part R of title I of the 1968 Act and 
        Guam shall be considered a State;

[[Page 127 STAT. 256]]

            (6) $11,000,000 for community-based violence prevention 
        initiatives;
            (7) $67,000,000 for missing and exploited children programs, 
        including as authorized by sections 404(b) and 405(a) of the 
        1974 Act (except that section 102(b)(4)(B) of the PROTECT Our 
        Children Act of 2008 (Public Law 110-401) shall not apply for 
        purposes of this Act);
            (8) $1,500,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act; and
            (9) $2,000,000 for grants and technical assistance in 
        support of the National Forum on Youth Violence Prevention:

  Provided, That not more than 10 percent of each amount may be used for 
research, evaluation, and statistics activities designed to benefit the 
programs or activities authorized:  Provided further, That not more than 
2 percent of the amounts designated under paragraphs (1) through (6), 
(8) and (9) may be used for training and technical assistance:  Provided 
further, That the previous two provisos shall not apply to grants and 
projects authorized by sections 261 and 262 of the 1974 Act.

                     public safety officer benefits

    For payments and expenses authorized under section 1001(a)(4) of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such 
sums as are necessary (including amounts for administrative costs), to 
remain available until expended; and $16,300,000 for payments authorized 
by section 1201(b) of such Act and for educational assistance authorized 
by section 1218 of such Act, to remain available 
until <<NOTE: Determination.>> expended:  Provided, That notwithstanding 
section 205 of this Act, upon a determination by the Attorney General 
that emergent circumstances require additional funding for such 
disability and education payments, the Attorney General may transfer 
such amounts to ``Public Safety Officer Benefits'' from available 
appropriations for the Department of Justice as may be necessary to 
respond to such circumstances:  Provided further, That any transfer 
pursuant to the previous proviso shall be treated as a reprogramming 
under section 505 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.

                  Community Oriented Policing Services

              community oriented policing services programs

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control 
and Safe Streets Act of 1968 (``the 1968 Act''); and the Violence 
Against Women and Department of Justice Reauthorization Act of 2005 
(Public Law 109-162) (``the 2005 Act''), $222,500,000, to remain 
available until expended:  Provided, That any balances made available 
through prior year deobligations shall only be available in accordance 
with section 505 of this Act:  Provided further, That of the amount 
provided--
            (1) $12,500,000 is for anti-methamphetamine-related 
        activities, which shall be transferred to the Drug Enforcement 
        Administration upon enactment of this Act;

[[Page 127 STAT. 257]]

            (2) $20,000,000 is for improving tribal law enforcement, 
        including hiring, equipment, training, and anti-methamphetamine 
        activities; and
            (3) $190,000,000 is for grants under section 1701 of title I 
        of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring 
        of additional career law enforcement officers under part Q of 
        such title notwithstanding subsection (i) of such section:  
        Provided, That, <<NOTE: Waiver authority.>> notwithstanding 
        section 1704(c) of such title (42 U.S.C. 3796dd-3(c)), funding 
        for hiring or rehiring a career law enforcement officer may not 
        exceed $125,000 unless the Director of the Office of Community 
        Oriented Policing Services grants a waiver from this limitation: 
         Provided further, That within the amounts appropriated, 
        $15,000,000 shall be transferred to the Tribal Resources Grant 
        Program:  Provided further, That of the amounts appropriated 
        under this paragraph, $10,000,000 is for community policing 
        development activities in furtherance of the purposes in section 
        1701.

                General Provisions--Department of Justice

    Sec. 201.  In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of not 
to exceed $50,000 from funds appropriated to the Department of Justice 
in this title shall be available to the Attorney General for official 
reception and representation expenses.
    Sec. 202.  <<NOTE: Abortion.>> None of the funds appropriated by 
this title shall be available to pay for an abortion, except where the 
life of the mother would be endangered if the fetus were carried to 
term, or in the case of rape:  Provided, That should this prohibition be 
declared unconstitutional by a court of competent jurisdiction, this 
section shall be null and void.

    Sec. 203.  <<NOTE: Abortion.>> None of the funds appropriated under 
this title shall be used to require any person to perform, or facilitate 
in any way the performance of, any abortion.

    Sec. 204.  <<NOTE: Abortion.>> Nothing in the preceding section 
shall remove the obligation of the Director of the Bureau of Prisons to 
provide escort services necessary for a female inmate to receive such 
service outside the Federal facility:  Provided, That nothing in this 
section in any way diminishes the effect of section 203 intended to 
address the philosophical beliefs of individual employees of the Bureau 
of Prisons.

    Sec. 205.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers:  Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 206.  <<NOTE: Project extension. 5 USC 3104 note.>> The 
Attorney General is authorized to extend through September 30, 2014, the 
Personnel Management Demonstration Project transferred to the Attorney 
General pursuant to section 1115 of the Homeland Security Act of 2002 
(Public Law 107-296; 28 U.S.C. 599B) without limitation on the number of 
employees or the positions covered.

[[Page 127 STAT. 258]]

    Sec. 207.  <<NOTE: Investigations. Applicability. 28 USC 533 
note.>> Notwithstanding any other provision of law, during the current 
fiscal year and any fiscal year thereafter, section 102(b) of the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1993 (Public Law 102-395) shall extend to 
the Bureau of Alcohol, Tobacco, Firearms and Explosives in the conduct 
of undercover investigative operations and shall apply with respect to 
any undercover investigative operation by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives that is necessary for the detection and 
prosecution of crimes against the United States.

    Sec. 208.  None <<NOTE: Prisons and prisoners.>>  of the funds made 
available to the Department of Justice in this Act may be used for the 
purpose of transporting an individual who is a prisoner pursuant to 
conviction for crime under State or Federal law and is classified as a 
maximum or high security prisoner, other than to a prison or other 
facility certified by the Federal Bureau of Prisons as appropriately 
secure for housing such a prisoner.

    Sec. 209. (a) None <<NOTE: Prisons and prisoners.>>  of the funds 
appropriated by this Act may be used by Federal prisons to purchase 
cable television services, or to rent or purchase audiovisual or 
electronic media or equipment used primarily for recreational purposes.

    (b) Subsection (a) does not preclude the rental, maintenance, or 
purchase of audiovisual or electronic media or equipment for inmate 
training, religious, or educational programs.
    Sec. 210.  <<NOTE: Certification.>> None of the funds made available 
under this title shall be obligated or expended for any new or enhanced 
information technology program having total estimated development costs 
in excess of $100,000,000, unless the Deputy Attorney General and the 
investment review board certify to the Committees on Appropriations of 
the House of Representatives and the Senate that the information 
technology program has appropriate program management controls and 
contractor oversight mechanisms in place, and that the program is 
compatible with the enterprise architecture of the Department of 
Justice.

    Sec. 211.  <<NOTE: Applicability.>> The notification thresholds and 
procedures set forth in section 505 of this Act shall apply to 
deviations from the amounts designated for specific activities in this 
Act and accompanying statement, and to any use of deobligated balances 
of funds provided under this title in previous years.

    Sec. 212.  None of the funds appropriated by this Act may be used to 
plan for, begin, continue, finish, process, or approve a public-private 
competition under the Office of Management and Budget Circular A-76 or 
any successor administrative regulation, directive, or policy for work 
performed by employees of the Bureau of Prisons or of Federal Prison 
Industries, Incorporated.
    Sec. 213.  Notwithstanding any other provision of law, no funds 
shall be available for the salary, benefits, or expenses of any United 
States Attorney assigned dual or additional responsibilities by the 
Attorney General or his designee that exempt that United States Attorney 
from the residency requirements of section 545 of title 28, United 
States Code.
    Sec. 214.  At the discretion of the Attorney General, and in 
addition to any amounts that otherwise may be available (or authorized 
to be made available) by law, with respect to funds appropriated by this 
title under the headings ``Research, Evaluation and Statistics'', 
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice 
Programs''--

[[Page 127 STAT. 259]]

            (1) up to 3 percent of funds made available to the Office of 
        Justice Programs for grant or reimbursement programs may be used 
        by such Office to provide training and technical assistance; and
            (2) up to 2 percent of funds made available for grant or 
        reimbursement programs under such headings, except for amounts 
        appropriated specifically for research, evaluation, or 
        statistical programs administered by the National Institute of 
        Justice and the Bureau of Justice Statistics, shall be 
        transferred to and merged with funds provided to the National 
        Institute of Justice and the Bureau of Justice Statistics, to be 
        used by them for research, evaluation or statistical purposes, 
        without regard to the authorizations for such grant or 
        reimbursement programs, and of such amounts, $1,300,000 shall be 
        transferred to the Bureau of Prisons for Federal inmate research 
        and evaluation purposes.

    Sec. 215.  <<NOTE: Waiver authority.>> Upon request by a grantee for 
whom the Attorney General has determined there is a fiscal hardship, the 
Attorney General may, with respect to funds appropriated by this or any 
other Act making appropriations for fiscal years 2010 through 2013 for 
the following programs, waive the following requirements:
            (1) For the Adult and Juvenile Offender State and Local 
        Reentry Demonstration Projects under part FF of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3797w(g)(1)), the requirements under section 2976(g)(1) of such 
        part.
            (2) For State, Tribal, and Local Reentry Courts under part 
        FF of title I of such Act of 1968 (42 U.S.C. 3797w-2(e)(1) and 
        (2)), the requirements under section 2978(e)(1) and (2) of such 
        part.
            (3) For the Prosecution Drug Treatment Alternatives to 
        Prison Program under part CC of title I of such Act of 1968 (42 
        U.S.C. 3797q-3), the requirements under section 2904 of such 
        part.
            (4) For Grants to Protect Inmates and Safeguard Communities 
        under the Prison Rape Elimination Act of 2003 (42 U.S.C. 
        15605(c)(3)), the requirements of section 6(c)(3) of such Act.

    Sec. 216.  Notwithstanding any other provision of law, section 
20109(a) of subtitle A of title II of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13709(a)) shall not apply to amounts 
made available by this or any other Act.
    Sec. 217.  <<NOTE: Firearms.>> None of the funds made available 
under this Act, other than for the national instant criminal background 
check system established under section 103 of the Brady Handgun Violence 
Prevention Act (18 U.S.C. 922 note), may be used by a Federal law 
enforcement officer to facilitate the transfer of an operable firearm to 
an individual if the Federal law enforcement officer knows or suspects 
that the individual is an agent of a drug cartel, unless law enforcement 
personnel of the United States continuously monitor or control the 
firearm at all times.

    Sec. 218. (a) None of the income retained in the Department of 
Justice Working Capital Fund pursuant to title I of Public Law 102-140 
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation 
during fiscal year 2013.
    (b) Not to exceed $30,000,000 of the unobligated balances 
transferred to the capital account of the Department of Justice Working 
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat.

[[Page 127 STAT. 260]]

784; 28 U.S.C. 527 note) shall be available for obligation in fiscal 
year 2013, and any use, obligation, transfer or allocation of such funds 
shall be treated as a reprogramming of funds under section 505 of this 
Act.
    (c) Not to exceed $10,000,000 of the excess unobligated balances 
available under section 524(c)(8)(E) of title 28, United States Code, 
shall be available for obligation during fiscal year 2013, and any use, 
obligation, transfer or allocation of such funds shall be treated as a 
reprogramming of funds under section 505 of this Act.
    (d) Of amounts available in the Assets Forfeiture Fund in fiscal 
year 2013, $154,700,000 shall be for payments associated with joint law 
enforcement operations as authorized by section 524(c)(1)(I) of title 
28, United States Code.
    (e) <<NOTE: Spending plan. Deadline.>> The Attorney General shall 
submit a spending plan to the Committees on Appropriations of the House 
of Representatives and the Senate not later than 45 days after the date 
of enactment of this Act detailing the planned distribution of Assets 
Forfeiture Fund joint law enforcement operations funding during fiscal 
year 2013.

    (f) <<NOTE: Termination date.>> Subsections (a) through (d) of this 
section shall sunset on September 30, 2013.

    This title may be cited as the ``Department of Justice 
Appropriations Act, 2013''.

[[Page 127 STAT. 261]]

TITLE III <<NOTE: Science Appropriations Act, 2013.>> 

                                 SCIENCE

                 Office of Science and Technology Policy

    For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6601 et seq.), hire of passenger motor vehicles, and services as 
authorized by section 3109 of title 5, United States Code, not to exceed 
$2,250 for official reception and representation expenses, and rental of 
conference rooms in the District of Columbia, $5,850,000.

              National Aeronautics and Space Administration

                                 science

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science research and development activities, including 
research, development, operations, support, and services; maintenance 
and repair, facility planning and design; space flight, spacecraft 
control, and communications activities; program management; personnel 
and related costs, including uniforms or allowances therefor, as 
authorized by sections 5901 and 5902 of title 5, United States Code; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $5,144,000,000, to remain available until 
September 30, 2014, of which up to $14,500,000 shall be available for a 
reimbursable agreement with the Department of Energy for the purpose of 
re-establishing facilities to produce fuel required for radioisotope 
thermoelectric generators to enable future missions:  Provided, That 
$75,000,000 shall be for pre-formulation and/or formulation activities 
for a mission that meets the science goals outlined for the Jupiter 
Europa mission in the most recent planetary science decadal survey:  
Provided further, That the formulation and development costs (with 
development cost as defined under section 30104 of title 51, United 
States Code) for the James Webb Space Telescope shall not exceed 
$8,000,000,000: <<NOTE: Determination. Notification.>>   Provided 
further, That should the individual identified under subsection 
(c)(2)(E) of section 30104 of title 51, United States Code, as 
responsible for the James Webb Space Telescope determine that the 
development cost of the program is likely to exceed that limitation, the 
individual shall immediately notify the Administrator and the increase 
shall be treated as if it meets the 30 percent threshold described in 
subsection (f) of section 30104.

                               aeronautics

    For necessary expenses, not otherwise provided for, in the conduct 
and support of aeronautics research and development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by sections 5901 and 5902 of title 5, United States Code; 
travel expenses; purchase and hire

[[Page 127 STAT. 262]]

of passenger motor vehicles; and purchase, lease, charter, maintenance, 
and operation of mission and administrative aircraft, $570,000,000, to 
remain available until September 30, 2014.

                            space technology

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space research and technology development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by sections 5901 and 5902 of title 5, United States Code; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $642,000,000, to remain available until 
September 30, 2014.

                               exploration

    For necessary expenses, not otherwise provided for, in the conduct 
and support of exploration research and development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by sections 5901 and 5902 of title 5, United States Code; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $3,887,000,000, to remain available until 
September 30, 2014:  Provided, That not less than $1,197,000,000 shall 
be for the Orion Multi-Purpose Crew Vehicle:  Provided further, That not 
less than $1,857,000,000 shall be for the Space Launch System, which 
shall have a lift capability not less than 130 tons and which shall have 
an upper stage and other core elements developed simultaneously:  
Provided further, That of the funds made available for the Space Launch 
System, $1,454,200,000 shall be for launch vehicle development and 
$402,800,000 shall be for exploration ground systems:  Provided further, 
That funds made available for the Orion Multi-Purpose Crew Vehicle and 
Space Launch System are in addition to funds provided for these programs 
under the ``Construction and Environmental Compliance and Restoration'' 
heading:  Provided further, That $525,000,000 shall be for commercial 
spaceflight activities:  Provided further, That $308,000,000 shall be 
for exploration research and development.

                            space operations

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space operations research and development activities, 
including research, development, operations, support and services; space 
flight, spacecraft control and communications activities, including 
operations, production, and services; maintenance and repair, facility 
planning and design; program management; personnel and related costs, 
including uniforms or allowances therefor, as authorized by sections 
5901 and 5902 of title 5, United States Code; travel expenses; purchase 
and hire of passenger motor

[[Page 127 STAT. 263]]

vehicles; and purchase, lease, charter, maintenance and operation of 
mission and administrative aircraft, $3,953,000,000, to remain available 
until September 30, 2014.

                                education

    For necessary expenses, not otherwise provided for, in carrying out 
aerospace and aeronautical education research and development 
activities, including research, development, operations, support, and 
services; program management; personnel and related costs, including 
uniforms or allowances therefor, as authorized by sections 5901 and 5902 
of title 5, United States Code; travel expenses; purchase and hire of 
passenger motor vehicles; and purchase, lease, charter, maintenance, and 
operation of mission and administrative aircraft, $125,000,000, to 
remain available until September 30, 2014, of which $18,000,000 shall be 
for the Experimental Program to Stimulate Competitive Research and 
$40,000,000 shall be for the National Space Grant College program.

                          cross agency support

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science, aeronautics, exploration, space operations and 
education research and development activities, including research, 
development, operations, support, and services; maintenance and repair, 
facility planning and design; space flight, spacecraft control, and 
communications activities; program management; personnel and related 
costs, including uniforms or allowances therefor, as authorized by 
sections 5901 and 5902 of title 5, United States Code; travel expenses; 
purchase and hire of passenger motor vehicles; not to exceed $63,000 for 
official reception and representation expenses; and purchase, lease, 
charter, maintenance, and operation of mission and administrative 
aircraft, $2,823,000,000, to remain available until September 30, 2014:  
Provided, That not less than $39,100,000 shall be available for 
independent verification and validation activities.

        construction and environmental compliance and restoration

    For necessary expenses for construction of facilities including 
repair, rehabilitation, revitalization, and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law, and environmental 
compliance and restoration, $680,000,000, to remain available until 
September 30, <<NOTE: Contracts. 51 USC 20145 note.>> 2018:  Provided, 
That hereafter, notwithstanding section 315 of the National Aeronautics 
and Space Act of 1958 (51 U.S.C. 20145), all proceeds from leases 
entered into under that section shall be deposited into <<NOTE: Time 
period.>> this account:  Provided further, That such proceeds shall be 
available for a period of 5 years to the extent and in amounts as 
provided in annual appropriations Acts:  Provided further, That such 
proceeds referred to in the two preceding provisos shall be available 
for obligation for fiscal year 2013 in an amount not 
to <<NOTE: Deadline. Budget estimate. 51 USC 30103 note.>> exceed 
$3,791,000:  Provided further, That each annual budget request shall 
include an annual estimate of gross receipts and collections and 
proposed use of all funds collected pursuant to section 315 of the 
National Aeronautics and Space Act of 1958 (51 U.S.C. 20145).

[[Page 127 STAT. 264]]

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $38,000,000, of which 
$500,000 shall remain available until September 30, 2014.

                        administrative provisions

    Funds for announced prizes otherwise authorized shall remain 
available, without fiscal year limitation, until the prize is claimed or 
the offer is withdrawn.
    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Aeronautics and Space 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by any 
such transfers. Balances so transferred shall be merged with and 
available for the same purposes and the same time period as the 
appropriations to which transferred. Any transfer pursuant to this 
provision shall be treated as a reprogramming of funds under section 505 
of this Act and shall not be available for obligation except in 
compliance with the procedures set forth in that section.
    The <<NOTE: Spending plan.>> spending plan required by this Act 
shall be provided by NASA at the theme, program, project and activity 
level. The spending plan, as well as any subsequent change of an amount 
established in that spending plan that meets the notification 
requirements of section 505 of this Act, shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.

    Section 30102(c) of title 51, United States Code, is amended--
            (1) in paragraph (2) by striking ``and'' at the end;
            (2) in paragraph (3) by striking the period at the end 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) refunds or rebates received on an on-going basis from 
        a credit card services provider under the National Aeronautics 
        and Space Administration's credit card programs.''.

                       National Science Foundation

                     research and related activities

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209 
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of 
title 5, United States Code; maintenance and operation of aircraft and 
purchase of flight services for research support; acquisition of 
aircraft; and authorized travel; $5,983,280,000, to remain available 
until September 30, 2014, of which not to exceed $500,000,000 shall 
remain available until expended for polar research and operations 
support, and for reimbursement to other Federal agencies for operational 
and science support and logistical and other related activities for the 
United States Antarctic program:  Provided, That receipts for scientific 
support services and materials furnished by the National Research 
Centers and other National Science Foundation supported research 
facilities may be credited to this appropriation:  Provided further, 
That not less than

[[Page 127 STAT. 265]]

$158,190,000 shall be available for activities authorized by section 
7002(c)(2)(A)(iv) of Public Law 110-69.

          major research equipment and facilities construction

    For necessary expenses for the acquisition, construction, 
commissioning, and upgrading of major research equipment, facilities, 
and other such capital assets pursuant to the National Science 
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized 
travel, $196,170,000, to remain available until expended:  Provided, 
That none of the funds may be used to reimburse the Judgment Fund 
established under section 1304 of title 31, United States Code.

                      education and human resources

    For necessary expenses in carrying out science, mathematics and 
engineering education and human resources programs and activities 
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 
et seq.), including services as authorized by section 3109 of title 5, 
United States Code, authorized travel, and rental of conference rooms in 
the District of Columbia, $895,610,000, to remain available until 
September 30, 2014:  Provided, That not less than $54,890,000 shall be 
available until expended for activities authorized by section 7030 of 
Public Law 110-69.

                 agency operations and award management

    For agency operations and award management necessary in carrying out 
the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.); 
services authorized by section 3109 of title 5, United States Code; hire 
of passenger motor vehicles; uniforms or allowances therefor, as 
authorized by sections 5901 and 5902 of title 5, United States Code; 
rental of conference rooms in the District of Columbia; and 
reimbursement of the Department of Homeland Security for security guard 
services; $299,400,000:  Provided, That not to exceed $8,280 is for 
official reception and representation expenses:  Provided further, That 
contracts may be entered into under this heading in fiscal year 2013 for 
maintenance and operation of facilities and for other services to be 
provided during the next fiscal year.

                  office of the national science board

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference rooms 
in the District of Columbia, and the employment of experts and 
consultants under section 3109 of title 5, United States Code) involved 
in carrying out section 4 of the National Science Foundation Act of 1950 
(42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), 
$4,440,000:  Provided, That not to exceed $2,500 shall be available for 
official reception and representation expenses.

[[Page 127 STAT. 266]]

                       office of inspector general

    For necessary expenses of the Office of Inspector General as 
authorized by the Inspector General Act of 1978, $14,200,000, of which 
$400,000 shall remain available until September 30, 2014.

                        administrative provision

    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Science Foundation in this Act may 
be transferred between such appropriations, but no such appropriation 
shall be increased by more than 15 percent by any such transfers. Any 
transfer pursuant to this section shall be treated as a reprogramming of 
funds under section 505 of this Act and shall not be available for 
obligation except in compliance with the procedures set forth in that 
section.
    This title may be cited as the ``Science Appropriations Act, 2013''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $9,400,000:  Provided, That none of 
the funds appropriated in this paragraph shall be used to employ in 
excess of four full-time individuals under Schedule C of the Excepted 
Service exclusive of one special assistant for each Commissioner:  
Provided further, That none of the funds appropriated in this paragraph 
shall be used to reimburse Commissioners for more than 75 billable days, 
with the exception of the chairperson, who is permitted 125 billable 
days:  Provided further, That none of the funds appropriated in this 
paragraph shall be used for any activity or expense that is not 
explicitly authorized by section 3 of the Civil Rights Commission Act of 
1983 (42 U.S.C. 1975a):  Provided further, That there <<NOTE: 5 USC app. 
8G.>> shall be an Inspector General at the Commission on Civil Rights 
who shall have the duties, responsibilities, and authorities specified 
in the Inspector General Act of 1978:  Provided further, That an 
individual appointed to the position of Inspector General of the 
Government Accountability Office (GAO) shall, by virtue of such 
appointment, also hold the position of Inspector General of the 
Commission on Civil Rights:  Provided further, That the Inspector 
General of the Commission on Civil Rights shall utilize personnel of the 
Office of Inspector General of GAO in performing the duties of the 
Inspector General of the Commission on Civil Rights, and shall not 
appoint any individuals to positions within the Commission on 
Civil <<NOTE: Waiver authority. Certification.>> Rights:  Provided 
further, That the Inspector General may waive any statutorily required 
reporting requirement (with the exception of the semiannual report 
required by section 5 of the Inspector General Act of 1978) upon a 
certification to the Committees on Appropriations of the House of 
Representatives and the Senate that such report is not necessary

[[Page 127 STAT. 267]]

for effective oversight of the Commission:  Provided further, That of 
the amounts made available in this paragraph, $450,000 shall be 
transferred directly to the Office of Inspector General of GAO upon 
enactment of this Act for salaries and expenses necessary to carry out 
the duties of the Inspector General of the Commission on Civil Rights.

                 Equal Employment Opportunity Commission

                          salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 
1963, the Americans with Disabilities Act of 1990, the Civil Rights Act 
of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008 
(Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2), 
including services as authorized by section 3109 of title 5, United 
States Code; hire of passenger motor vehicles as authorized by section 
1343(b) of title 31, United States Code; nonmonetary awards to private 
citizens; and up to $29,500,000 for payments to State and local 
enforcement agencies for authorized services to the Commission, 
$370,000,000:  Provided, That the Commission is authorized to make 
available for official reception and representation expenses not to 
exceed $2,250 from available <<NOTE: Notification.>> funds:  Provided 
further, That the Commission may take no action to implement any 
workforce repositioning, restructuring, or reorganization until such 
time as the Committees on Appropriations of the House of Representatives 
and the Senate have been notified of such proposals, in accordance with 
the reprogramming requirements of section 505 of this Act:  Provided 
further, That the Chair is authorized to accept and use any gift or 
donation to carry out the work of the Commission.

                     International Trade Commission

                          salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by section 3109 of title 5, United States Code, and not to exceed $2,250 
for official reception and representation expenses, $83,000,000, to 
remain available until expended.

                       Legal Services Corporation

                payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $365,000,000, of 
which $339,400,000 is for basic field programs and required independent 
audits; $4,200,000 is for the Office of Inspector General, of which such 
amounts as may be necessary may be used to conduct additional audits of 
recipients; $17,000,000 is for management and grants oversight; 
$3,400,000 is for client self-help and information technology; and 
$1,000,000 is for loan

[[Page 127 STAT. 268]]

repayment assistance:  Provided, That the Legal Services Corporation may 
continue to provide locality pay to officers and employees at a rate no 
greater than that provided by the Federal Government to Washington, DC-
based employees as authorized by section 5304 of title 5, United States 
Code, notwithstanding section 1005(d) of the Legal Services Corporation 
Act (42 U.S.C. 2996(d)):  <<NOTE: Applicability.>>  Provided further, 
That the authorities provided in section 205 of this Act shall be 
applicable to the Legal Services Corporation:  Provided further, That, 
for the purposes of section 505 of this division, and section 3003 of 
division G, the Legal Services Corporation shall be considered an agency 
of the United States Government.

          administrative provisions--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same terms 
and conditions set forth in such sections, except that all references in 
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead 
to 2012 and 2013, respectively.
    Section 501(a)(2)(A) of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 1996 
(Public Law 104-134) <<NOTE: 110 Stat. 1321-51.>> is amended by striking 
``on the basis of the most recent decennial census of population 
conducted pursuant to section 141 of title 13, United States Code'' and 
inserting ``triennially by the Bureau of the Census, except that, with 
respect to fiscal year 2013, the change in allocation resulting from the 
amendment made to this subparagraph by the Commerce, Justice, Science, 
and Related Agencies Appropriations Act, 2013 shall only be half of the 
change which would otherwise result from that amendment in order to 
phase in the change over a 2 year period''.

                        Marine Mammal Commission

                          salaries and expenses

    For necessary expenses of the Marine Mammal Commission as authorized 
by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 
et seq.), $3,081,000.

            Office of the United States Trade Representative

                          salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by section 3109 of 
title 5, United States Code, $51,251,000, of which $1,000,000 shall 
remain available until expended:  Provided, That not to exceed $111,600 
shall be available for official reception and representation expenses.

[[Page 127 STAT. 269]]

                         State Justice Institute

                          salaries and expenses

    For necessary expenses of the State Justice Institute, as authorized 
by the State Justice Institute Authorization Act of 1984 (42 U.S.C. 
10701 et seq.) $5,121,000, of which $500,000 shall remain available 
until September 30, 2014:  Provided, That not to exceed $2,250 shall be 
available for official reception and representation expenses:  Provided 
further, That, for the purposes of section 505 of this Act, the State 
Justice Institute shall be considered an agency of the United States 
Government.

                                 TITLE V

                           GENERAL PROVISIONS

                         (including rescissions)

    Sec. 501.  No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503.  <<NOTE: Contracts.>> The expenditure of any appropriation 
under this Act for any consulting service through procurement contract, 
pursuant to section 3109 of title 5, United States Code, shall be 
limited to those contracts where such expenditures are a matter of 
public record and available for public inspection, except where 
otherwise provided under existing law, or under existing Executive order 
issued pursuant to existing law.

    Sec. 504.  If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons or 
circumstances other than those as to which it is held invalid shall not 
be affected thereby.
    Sec. 505. <<NOTE: Notifications. Deadlines.>> (a) Subject to 
subsections (b) and (c), none of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2013, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that: (1) creates or initiates a new 
program, project or activity; (2) eliminates a program, project or 
activity; (3) increases funds or personnel by any means for any project 
or activity for which funds have been denied or restricted; (4) 
relocates an office or employees; (5) reorganizes or renames offices, 
programs or activities; (6) contracts out or privatizes any functions or 
activities presently performed by Federal employees; (7) augments 
existing programs, projects or activities in excess of $500,000 or 10 
percent, whichever is less, or reduces by 10 percent funding for any 
program, project or activity, or numbers of personnel by 10 percent; or 
(8) results from any general savings, including savings from a reduction 
in personnel, which would result in a change in existing programs, 
projects or activities as approved

[[Page 127 STAT. 270]]

by Congress; unless the House and Senate Committees on Appropriations 
are notified 15 days in advance of such reprogramming of funds.

    (b) None of the funds provided under this Act to any agency of the 
Department of Justice, or provided under previous appropriations Acts to 
any agency of the Department of Justice that remain available for 
obligation or expenditure in fiscal year 2013, or provided from any 
accounts in the Treasury of the United States derived by the collection 
of fees available to the agencies funded by this Act, shall be available 
for obligation or expenditure through a reprogramming of funds that: (1) 
creates or initiates a new program, project or activity; (2) eliminates 
a program, project or activity; (3) increases funds or personnel by any 
means for any project or activity for which funds have been denied or 
restricted; (4) relocates an office or employees; (5) reorganizes or 
renames offices, programs or activities; (6) contracts out or privatizes 
any functions or activities presently performed by Federal employees; 
(7) augments existing programs, projects or activities in excess of 
$500,000 or 10 percent, whichever is less, or reduces by 10 percent 
funding for any program, project or activity, or numbers of personnel by 
10 percent; or (8) results from any general savings, including savings 
from a reduction in personnel, which would result in a change in 
existing programs, projects or activities as approved by Congress; 
unless the House and Senate Committees on Appropriations are notified 45 
days in advance of such reprogramming of funds.
    (c) <<NOTE: Termination date.>>  Subsection (b) of this section 
shall sunset on September 30, 2013.

    Sec. 506. (a) If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    (b)(1) To the extent practicable, with respect to authorized 
purchases of promotional items, funds made available by this Act shall 
be used to purchase items that are manufactured, produced, or assembled 
in the United States, its territories, or its possessions.
    (2) <<NOTE: Definition.>> The term ``promotional items'' has the 
meaning given the term in OMB Circular A-87, Attachment B, Item 
(1)(f)(3).

    Sec. 507. <<NOTE: Deadlines. Reports.>>  (a) The Departments of 
Commerce and Justice, the National Science Foundation, and the National 
Aeronautics and Space Administration shall provide to the Committees on 
Appropriations of the House of Representatives and the Senate a 
quarterly report on the status of balances of appropriations at the 
account level. For unobligated, uncommitted balances and unobligated, 
committed balances the quarterly reports shall separately identify the 
amounts attributable to each source year of appropriation from which the 
balances were derived. For balances that are obligated, but unexpended, 
the quarterly reports shall separately identify amounts by the year of 
obligation.

    (b) The report described in subsection (a) shall be submitted within 
30 days of the end of the first quarter of fiscal year 2013,

[[Page 127 STAT. 271]]

and subsequent reports shall be submitted within 30 days of the end of 
each quarter thereafter.
    (c) If a department or agency is unable to fulfill any aspect of a 
reporting requirement described in subsection (a) due to a limitation of 
a current accounting system, the department or agency shall fulfill such 
aspect to the maximum extent practicable under such accounting system 
and shall identify and describe in each quarterly report the extent to 
which such aspect is not fulfilled.
    Sec. 508.  Any costs incurred by a department or agency funded under 
this Act resulting from, or to prevent, personnel actions taken in 
response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available to such department 
or <<NOTE: Transfer authority.>>  agency:  Provided, That the authority 
to transfer funds between appropriations accounts as may be necessary to 
carry out this section is provided in addition to authorities included 
elsewhere in this Act:  Provided further, That use of funds to carry out 
this section shall be treated as a reprogramming of funds under section 
505 of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

    Sec. 509.  <<NOTE: Tobacco and tobacco products.>> None of the funds 
provided by this Act shall be available to promote the sale or export of 
tobacco or tobacco products, or to seek the reduction or removal by any 
foreign country of restrictions on the marketing of tobacco or tobacco 
products, except for restrictions which are not applied equally to all 
tobacco or tobacco products of the same type.

    Sec. 510.  <<NOTE: 42 USC 10601 note.>> Notwithstanding any other 
provision of law, amounts deposited or available in the Fund established 
by section 1402 of chapter XIV of title II of Public Law 98-473 (42 
U.S.C. 10601) in any fiscal year in excess of $730,000,000 shall not be 
available for obligation until the following fiscal year.

    Sec. 511.  <<NOTE: Discrimination.>> None of the funds made 
available to the Department of Justice in this Act may be used to 
discriminate against or denigrate the religious or moral beliefs of 
students who participate in programs for which financial assistance is 
provided from those funds, or of the parents or legal guardians of such 
students.

    Sec. 512.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 513.  Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Sec. 514. <<NOTE: Firearm traces. 18 USC 923 note.>> (a) Tracing 
studies conducted by the Bureau of Alcohol, Tobacco, Firearms and 
Explosives are released without adequate disclaimers regarding the 
limitations of the data.

    (b) For fiscal year 2013 and thereafter, the Bureau of Alcohol, 
Tobacco, Firearms and Explosives shall include in all such data 
releases, language similar to the following that would make clear that 
trace data cannot be used to draw broad conclusions about firearms-
related crime:
            (1) Firearm traces are designed to assist law enforcement 
        authorities in conducting investigations by tracking the sale 
        and possession of specific firearms. Law enforcement agencies 
        may request firearms traces for any reason, and those reasons 
        are not necessarily reported to the Federal Government. Not

[[Page 127 STAT. 272]]

        all firearms used in crime are traced and not all firearms 
        traced are used in crime.
            (2) Firearms selected for tracing are not chosen for 
        purposes of determining which types, makes, or models of 
        firearms are used for illicit purposes. The firearms selected do 
        not constitute a random sample and should not be considered 
        representative of the larger universe of all firearms used by 
        criminals, or any subset of that universe. Firearms are normally 
        traced to the first retail seller, and sources reported for 
        firearms traced do not necessarily represent the sources or 
        methods by which firearms in general are acquired for use in 
        crime.

    Sec. 515. <<NOTE: Audits. Reports. Deadlines.>> (a) The Inspectors 
General of the Department of Commerce, the Department of Justice, the 
National Aeronautics and Space Administration, the National Science 
Foundation, and the Legal Services Corporation shall conduct audits, 
pursuant to the Inspector General Act (5 U.S.C. App.), of grants or 
contracts for which funds are appropriated by this Act, and shall submit 
reports to Congress on the progress of such audits, which may include 
preliminary findings and a description of areas of particular interest, 
within 180 days after initiating such an audit and every 180 days 
thereafter until any such audit is completed.

    (b) <<NOTE: Public information. Web posting.>> Within 60 days after 
the date on which an audit described in subsection (a) by an Inspector 
General is completed, the Secretary, Attorney General, Administrator, 
Director, or President, as appropriate, shall make the results of the 
audit available to the public on the Internet website maintained by the 
Department, Administration, Foundation, or Corporation, respectively. 
The results shall be made available in redacted form to exclude--
            (1) any matter described in section 552(b) of title 5, 
        United States Code; and
            (2) sensitive personal information for any individual, the 
        public access to which could be used to commit identity theft or 
        for other inappropriate or unlawful purposes.

    (c) A grant or contract funded by amounts appropriated by this Act 
may not be used for the purpose of defraying the costs of a banquet or 
conference that is not directly and programmatically related to the 
purpose for which the grant or contract was awarded, such as a banquet 
or conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.
    (d) <<NOTE: Certification.>> Any person awarded a grant or contract 
funded by amounts appropriated by this Act shall submit a statement to 
the Secretary of Commerce, the Attorney General, the Administrator, 
Director, or President, as appropriate, certifying that no funds derived 
from the grant or contract will be made available through a subcontract 
or in any other manner to another person who has a financial interest in 
the person awarded the grant or contract.

    (e) <<NOTE: Effective 
date. Consultation. Determination. Applicability.>> The provisions of 
the preceding subsections of this section shall take effect 30 days 
after the date on which the Director of the Office of Management and 
Budget, in consultation with the Director of the Office of Government 
Ethics, determines that a uniform set of rules and requirements, 
substantially similar to the requirements in such subsections, 
consistently apply under the executive branch ethics program to all 
Federal departments, agencies, and entities.

    Sec. 516. (a) <<NOTE: Consultation. Assessment. China.>> None of the 
funds appropriated or otherwise made available under this Act may be 
used by the Departments

[[Page 127 STAT. 273]]

of Commerce and Justice, the National Aeronautics and Space 
Administration, or the National Science Foundation to acquire an 
information technology system unless the head of the entity involved, in 
consultation with the Federal Bureau of Investigation or other 
appropriate Federal entity, has made an assessment of any associated 
risk of cyber-espionage or sabotage associated with the acquisition of 
such system, including any risk associated with such system being 
produced, manufactured or assembled by one or more entities that are 
owned, directed or subsidized by the People's Republic of China.

    (b) <<NOTE: Determination. Reports.>> None of the funds appropriated 
or otherwise made available under this Act may be used to acquire an 
information technology system described in an assessment required by 
subsection (a) and produced, manufactured or assembled by one or more 
entities that are owned, directed or subsidized by the People's Republic 
of China unless the head of the assessing entity described in subsection 
(a) determines, and reports that determination to the Committees on 
Appropriations of the House of Representatives and the Senate, that the 
acquisition of such system is in the national interest of the United 
States.

    Sec. 517.  <<NOTE: Torture.>> None of the funds made available in 
this Act shall be used in any way whatsoever to support or justify the 
use of torture by any official or contract employee of the United States 
Government.

    Sec. 518. (a) <<NOTE: Exports and imports. Firearms. Canada.>>  
Notwithstanding any other provision of law or treaty, none of the funds 
appropriated or otherwise made available under this Act or any other Act 
may be expended or obligated by a department, agency, or instrumentality 
of the United States to pay administrative expenses or to compensate an 
officer or employee of the United States in connection with requiring an 
export license for the export to Canada of components, parts, 
accessories or attachments for firearms listed in Category I, section 
121.1 of title 22, Code of Federal Regulations (International 
Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 
1, 2005) with a total value not exceeding $500 wholesale in any 
transaction, provided that the conditions of subsection (b) of this 
section are met by the exporting party for such articles.

    (b) The foregoing exemption from obtaining an export license--
            (1) does not exempt an exporter from filing any Shipper's 
        Export Declaration or notification letter required by law, or 
        from being otherwise eligible under the laws of the United 
        States to possess, ship, transport, or export the articles 
        enumerated in subsection (a); and
            (2) does not permit the export without a license of--
                    (A) fully automatic firearms and components and 
                parts for such firearms, other than for end use by the 
                Federal Government, or a Provincial or Municipal 
                Government of Canada;
                    (B) barrels, cylinders, receivers (frames) or 
                complete breech mechanisms for any firearm listed in 
                Category I, other than for end use by the Federal 
                Government, or a Provincial or Municipal Government of 
                Canada; or
                    (C) articles for export from Canada to another 
                foreign destination.

    (c) In accordance with this section, the District Directors of 
Customs and postmasters shall permit the permanent or temporary export 
without a license of any unclassified articles specified in

[[Page 127 STAT. 274]]

subsection (a) to Canada for end use in Canada or return to the United 
States, or temporary import of Canadian-origin items from Canada for end 
use in the United States or return to Canada for a Canadian citizen.
    (d) <<NOTE: President. Determination. Federal Register, 
publication.>> The President may require export licenses under this 
section on a temporary basis if the President determines, upon 
publication first in the Federal Register, that the Government of Canada 
has implemented or maintained inadequate import controls for the 
articles specified in subsection (a), such that a significant diversion 
of such articles has and continues to take place for use in 
international terrorism or in the escalation of a conflict in another 
nation. <<NOTE: Termination.>>  The President shall terminate the 
requirements of a license when reasons for the temporary requirements 
have ceased.

    Sec. 519.  <<NOTE: Firearms. Ammunition.>> Notwithstanding any other 
provision of law, no department, agency, or instrumentality of the 
United States receiving appropriated funds under this Act or any other 
Act shall obligate or expend in any way such funds to pay administrative 
expenses or the compensation of any officer or employee of the United 
States to deny any application submitted pursuant to 22 U.S.C. 
2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, 
for a permit to import United States origin ``curios or relics'' 
firearms, parts, or ammunition.

    Sec. 520.  None of the funds made available in this Act may be used 
to include in any new bilateral or multilateral trade agreement the text 
of--
            (1) paragraph 2 of article 16.7 of the United States-
        Singapore Free Trade Agreement;
            (2) paragraph 4 of article 17.9 of the United States-
        Australia Free Trade Agreement; or
            (3) paragraph 4 of article 15.9 of the United States-Morocco 
        Free Trade Agreement.

    Sec. 521.  <<NOTE: National security letters.>> None of the funds 
made available in this Act may be used to authorize or issue a national 
security letter in contravention of any of the following laws 
authorizing the Federal Bureau of Investigation to issue national 
security letters: The Right to Financial Privacy Act; The Electronic 
Communications Privacy Act; The Fair Credit Reporting Act; The National 
Security Act of 1947; USA PATRIOT Act; and the laws amended by these 
Acts.

    Sec. 522.  <<NOTE: Notifications.>> If at any time during any 
quarter, the program manager of a project within the jurisdiction of the 
Departments of Commerce or Justice, the National Aeronautics and Space 
Administration, or the National Science Foundation totaling more than 
$75,000,000 has reasonable cause to believe that the total program cost 
has increased by 10 percent, the program manager shall immediately 
inform the respective Secretary, Administrator, 
or <<NOTE: Deadline.>> Director. The Secretary, Administrator, or 
Director shall notify the House and Senate Committees on Appropriations 
within 30 days in writing of such increase, and shall include in such 
notice: the date on which such determination was made; a statement of 
the reasons for such increases; the action taken and proposed to be 
taken to control future cost growth of the project; changes made in the 
performance or schedule milestones and the degree to which such changes 
have contributed to the increase in total program costs or procurement 
costs; new estimates of the total project or procurement costs; and a 
statement validating that the project's management structure is adequate 
to control total project or procurement costs.

[[Page 127 STAT. 275]]

    Sec. 523.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence related 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2013 until the enactment of the Intelligence 
Authorization Act for fiscal year 2013.
    Sec. 524.  <<NOTE: Web link. 5 USC app. 8M note.>> The Departments, 
agencies, and commissions funded under this Act, shall establish and 
maintain on the homepages of their Internet websites--
            (1) a direct link to the Internet websites of their Offices 
        of Inspectors General; and
            (2) a mechanism on the Offices of Inspectors General website 
        by which individuals may anonymously report cases of waste, 
        fraud, or abuse with respect to those Departments, agencies, and 
        commissions.

    Sec. 525.  <<NOTE: Contracts. Grants. Certification.>> None of the 
funds appropriated or otherwise made available by this Act may be used 
to enter into a contract in an amount greater than $5,000,000 or to 
award a grant in excess of such amount unless the prospective contractor 
or grantee certifies in writing to the agency awarding the contract or 
grant that, to the best of its knowledge and belief, the contractor or 
grantee has filed all Federal tax returns required during the three 
years preceding the certification, has not been convicted of a criminal 
offense under the Internal Revenue Code of 1986, and has not, more than 
90 days prior to certification, been notified of any unpaid Federal tax 
assessment for which the liability remains unsatisfied, unless the 
assessment is the subject of an installment agreement or offer in 
compromise that has been approved by the Internal Revenue Service and is 
not in default, or the assessment is the subject of a non-frivolous 
administrative or judicial proceeding.

                              (rescissions)

    Sec. 526. <<NOTE: Deadlines.>> (a) Of the unobligated balances 
available to the Department of Justice, the following funds are hereby 
rescinded, not later than September 30, 2013, from the following 
accounts in the specified amounts--
            (1) ``Working Capital Fund'', $26,000,000;
            (2) ``Legal Activities, Assets Forfeiture Fund'', 
        $722,697,000;
            (3) ``Bureau of Alcohol, Tobacco, Firearms and Explosives, 
        Violent Crime Reduction Program'', $1,028,000;
            (4) ``Federal Prison System, Buildings and Facilities'', 
        $64,700,000;
            (5) ``State and Local Law Enforcement Activities, Office on 
        Violence Against Women, Violence Against Women Prevention and 
        Prosecution Programs'', $12,000,000;
            (6) ``State and Local Law Enforcement Activities, Office of 
        Justice Programs'', $43,000,000; and
            (7) ``State and Local Law Enforcement Activities, Community 
        Oriented Policing Services'', $12,200,000.

    (b) <<NOTE: Reports.>> The Department of Justice shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a report no later than September 1, 2013, specifying the amount 
of each rescission made pursuant to subsection (a).

    Sec. 527.  None of the funds appropriated or otherwise made 
available in this Act may be used in a manner that is inconsistent with 
the principal negotiating objective of the United States with

[[Page 127 STAT. 276]]

respect to trade remedy laws to preserve the ability of the United 
States--
            (1) to enforce vigorously its trade laws, including 
        antidumping, countervailing duty, and safeguard laws;
            (2) to avoid agreements that--
                    (A) lessen the effectiveness of domestic and 
                international disciplines on unfair trade, especially 
                dumping and subsidies; or
                    (B) lessen the effectiveness of domestic and 
                international safeguard provisions, in order to ensure 
                that United States workers, agricultural producers, and 
                firms can compete fully on fair terms and enjoy the 
                benefits of reciprocal trade concessions; and
            (3) to address and remedy market distortions that lead to 
        dumping and subsidization, including overcapacity, 
        cartelization, and market-access barriers.

    Sec. 528.  None of the funds made available in this Act may be used 
to purchase first class or premium airline travel in contravention of 
sections 301-10.122 through 301-10.124 of title 41 of the Code of 
Federal Regulations.
    Sec. 529.  None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
from a Federal department or agency at any single conference occurring 
outside the United States, unless such conference is a law enforcement 
training or operational conference for law enforcement personnel and the 
majority of Federal employees in attendance are law enforcement 
personnel stationed outside the United States.
    Sec. 530.  <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> None 
of the funds appropriated or otherwise made available in this or any 
other Act may be used to transfer, release, or assist in the transfer or 
release to or within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department of 
        Defense.

    Sec. 531. (a) <<NOTE: Cuba.>>  None of the funds appropriated or 
otherwise made available in this or any other Act may be used to 
construct, acquire, or modify any facility in the United States, its 
territories, or possessions to house any individual described in 
subsection (c) for the purposes of detention or imprisonment in the 
custody or under the effective control of the Department of Defense.

    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

[[Page 127 STAT. 277]]

    Sec. 532.  <<NOTE: ACORN.>> None of the funds made available under 
this Act may be distributed to the Association of Community 
Organizations for Reform Now (ACORN) or its subsidiaries.

    Sec. 533.  <<NOTE: Light bulbs.>> To the extent practicable, funds 
made available in this Act should be used to purchase light bulbs that 
are ``Energy Star'' qualified or have the ``Federal Energy Management 
Program'' designation.

    Sec. 534.  The Director of the Office of Management and Budget shall 
instruct any department, agency, or instrumentality of the United States 
Government receiving funds appropriated under this Act to track 
undisbursed balances in expired grant accounts and include in its annual 
performance plan and performance and accountability reports the 
following:
            (1) Details on future action the department, agency, or 
        instrumentality will take to resolve undisbursed balances in 
        expired grant accounts.
            (2) The method that the department, agency, or 
        instrumentality uses to track undisbursed balances in expired 
        grant accounts.
            (3) Identification of undisbursed balances in expired grant 
        accounts that may be returned to the Treasury of the United 
        States.
            (4) In the preceding 3 fiscal years, details on the total 
        number of expired grant accounts with undisbursed balances (on 
        the first day of each fiscal year) for the department, agency, 
        or instrumentality and the total finances that have not been 
        obligated to a specific project remaining in the accounts.

    Sec. 535. (a) <<NOTE: China.>> None of the funds made available by 
this Act may be used for the National Aeronautics and Space 
Administration (NASA) or the Office of Science and Technology Policy 
(OSTP) to develop, design, plan, promulgate, implement, or execute a 
bilateral policy, program, order, or contract of any kind to 
participate, collaborate, or coordinate bilaterally in any way with 
China or any Chinese-owned company unless such activities are 
specifically authorized by a law enacted after the date of enactment of 
this Act.

    (b) <<NOTE: Applicability.>> The limitation in subsection (a) shall 
also apply to any funds used to effectuate the hosting of official 
Chinese visitors at facilities belonging to or utilized by NASA.

    (c) <<NOTE: Certification.>> The limitations described in 
subsections (a) and (b) shall not apply to activities which NASA or OSTP 
has certified--
            (1) pose no risk of resulting in the transfer of technology, 
        data, or other information with national security or economic 
        security implications to China or a Chinese-owned company; and
            (2) will not involve knowing interactions with officials who 
        have been determined by the United States to have direct 
        involvement with violations of human rights.

    (d) <<NOTE: Deadline.>>  Any certification made under subsection (c) 
shall be submitted to the Committees on Appropriations of the House of 
Representatives and the Senate no later than 30 days prior to the 
activity in question and shall include a description of the purpose of 
the activity, its agenda, its major participants, and its location and 
timing.

    Sec. 536.  None of the funds made available in this Act may be used 
to relocate the Bureau of the Census or employees from

[[Page 127 STAT. 278]]

the Department of Commerce to the jurisdiction of the Executive Office 
of the President.
    Sec. 537.  <<NOTE: Spending plans. Deadline.>> The Departments of 
Commerce and Justice, the National Aeronautics and Space Administration, 
and the National Science Foundation shall submit spending plans, signed 
by the respective department or agency head, to the Committees on 
Appropriations of the House of Representatives and the Senate within 45 
days after the date of enactment of this Act.

    Sec. 538.  <<NOTE: Firearms.>> None of the funds made available by 
this Act may be used to pay the salaries or expenses of personnel to 
deny, or fail to act on, an application for the importation of any model 
of shotgun if--
            (1) all other requirements of law with respect to the 
        proposed importation are met; and
            (2) no application for the importation of such model of 
        shotgun, in the same configuration, had been denied by the 
        Attorney General prior to January 1, 2011, on the basis that the 
        shotgun was not particularly suitable for or readily adaptable 
        to sporting purposes.

    Sec. 539. (a) <<NOTE: Pornography.>> None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 540.  <<NOTE: Corporations.>> None of the funds made available 
by this Act may be used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, or 
provide a loan or loan guarantee to, any corporation that was convicted 
of a felony criminal violation under any Federal law within the 
preceding 24 months, where the awarding agency is aware of the 
conviction, unless an agency has considered suspension or debarment of 
the corporation and has made a determination that this further action is 
not necessary to protect the interests of the Government.

    Sec. 541.  <<NOTE: Corporations.>> None of the funds made available 
by this Act may be used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, or 
provide a loan or loan guarantee to, any corporation that has any unpaid 
Federal tax liability that has been assessed, for which all judicial and 
administrative remedies have been exhausted or have lapsed, and that is 
not being paid in a timely manner pursuant to an agreement with the 
authority responsible for collecting the tax liability, where the 
awarding agency is aware of the unpaid tax liability, unless an agency 
has considered suspension or debarment of the corporation and has made a 
determination that this further action is not necessary to protect the 
interests of the Government.

    Sec. 542.  None of the funds made available by this Act may be used 
to pay the salary of any officer or employee of the Department of 
Commerce who uses amounts in the Fisheries Enforcement Asset Forfeiture 
Fund of the National Oceanic and Atmospheric Administration that 
consists of the sums described in section 311(e)(1) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)) 
for any purpose other than a purpose specifically authorized under such 
section.

[[Page 127 STAT. 279]]

    Sec. 543. (a) <<NOTE: Certification.>> None of the funds made 
available by this Act may be used to carry out the functions of the 
Political Science Program in the Division of Social and Economic 
Sciences of the Directorate for Social, Behavioral, and Economic 
Sciences of the National Science Foundation, except for research 
projects that the Director of the National Science Foundation certifies 
as promoting national security or the economic interests of the United 
States.

    (b) <<NOTE: Web posting.>> The Director of the National Science 
Foundation shall publish a statement of the reason for each 
certification made pursuant to subsection (a) on the public website of 
the National Science Foundation.

    (c) Any unobligated balances for the Political Science Program 
described in subsection (a) may be provided for other scientific 
research and studies that do not duplicate those being funded by other 
Federal agencies.
    This division may be cited as the ``Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2013''.

 DIVISION C <<NOTE: Department of Defense Appropriations Act, 2013.>> --
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2013

     The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2013, for military functions administered by the 
Department of Defense and for other purposes, namely:

                                 TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty, (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $40,199,263,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $26,902,346,000.

[[Page 127 STAT. 280]]

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $12,531,549,000.

                      Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of the 
Reserve Officers' Training Corps; and for payments pursuant to section 
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $28,052,826,000.

                         Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $4,456,823,000.

                         Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $1,874,023,000.

                     Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United States 
Code, in connection with performing duty specified

[[Page 127 STAT. 281]]

in section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$658,251,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or other 
duty, and expenses authorized by section 16131 of title 10, United 
States Code; and for payments to the Department of Defense Military 
Retirement Fund, $1,722,425,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 10211, 10302, or 12402 of title 10 or section 708 of title 
32, United States Code, or while serving on duty under section 12301(d) 
of title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$7,981,577,000.

                   National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$3,153,990,000.

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $12,478,000 can be used for emergencies and

[[Page 127 STAT. 282]]

extraordinary expenses, to be expended on the approval or authority of 
the Secretary of the Army, and payments may be made on his certificate 
of necessity for confidential military purposes, $35,409,260,000.

                     Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $14,804,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$41,614,453,000.

                 Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$6,034,963,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,699,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes, $34,780,406,000.

                 Operation and Maintenance, Defense-Wide

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$31,862,980,000:  Provided, That not more than $30,000,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code:  Provided further, That not to 
exceed $36,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of Defense, and payments may be made on his certificate of necessity for 
confidential military purposes:  Provided further, That of the funds 
provided under this heading, not less than $36,480,000 shall be made 
available for the Procurement Technical Assistance Cooperative Agreement 
Program, of which not less than $3,600,000 shall be available for 
centers defined in 10 U.S.C. 2411(1)(D):  Provided further, That none of 
the funds appropriated or otherwise made available by this Act may be 
used to plan or implement the consolidation of a budget or 
appropriations liaison office of the Office of the Secretary of Defense, 
the office of the Secretary of a military department, or the service 
headquarters of one of the Armed Forces into a legislative affairs or 
legislative liaison office:  Provided further, That $8,563,000, to 
remain available until expended, is available only for expenses relating 
to certain classified activities, and may

[[Page 127 STAT. 283]]

be transferred as necessary by the Secretary of Defense to operation and 
maintenance appropriations or research, development, test and evaluation 
appropriations, to be merged with and to be available for the same time 
period as the appropriations to which transferred:  Provided further, 
That any ceiling on the investment item unit cost of items that may be 
purchased with operation and maintenance funds shall not apply to the 
funds described in the preceding proviso:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                 Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $3,182,923,000.

                 Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $1,256,347,000.

             Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $277,377,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,261,324,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in

[[Page 127 STAT. 284]]

compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau; supplying and equipping 
the Army National Guard as authorized by law; and expenses of repair, 
modification, maintenance, and issue of supplies and equipment 
(including aircraft), $7,154,161,000.

              Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department of 
Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $6,494,326,000.

           United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $13,516,000, of which not to exceed $5,000 
may be used for official representation purposes.

                     Environmental Restoration, Army

                      (including transfer of funds)

    For the Department of the Army, $335,921,000, to remain available 
until transferred:  Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which 
transferred: <<NOTE: Determination.>>   Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this Act.

                     Environmental Restoration, Navy

                      (including transfer of funds)

    For the Department of the Navy, $310,594,000, to remain available 
until <<NOTE: Determination.>> transferred:  Provided, That the 
Secretary of the Navy shall, upon determining that such funds are 
required for environmental restoration, reduction and recycling of 
hazardous waste,

[[Page 127 STAT. 285]]

removal of unsafe buildings and debris of the Department of the Navy, or 
for similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of the Navy, to be merged with and to be available for the same purposes 
and for the same time period as the appropriations to 
which <<NOTE: Determination.>> transferred:  Provided further, That upon 
a determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                      (including transfer of funds)

    For the Department of the Air Force, $529,263,000, to remain 
available until <<NOTE: Determination.>> transferred:  Provided, That 
the Secretary of the Air Force shall, upon determining that such funds 
are required for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris of the 
Department of the Air Force, or for similar purposes, transfer the funds 
made available by this appropriation to other appropriations made 
available to the Department of the Air Force, to be merged with and to 
be available for the same purposes and for the same time period as the 
appropriations to which <<NOTE: Determination.>> transferred:  Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation:  Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

                 Environmental Restoration, Defense-Wide

                      (including transfer of funds)

    For the Department of Defense, $11,133,000, to remain available 
until <<NOTE: Determination.>> transferred:  Provided, That the 
Secretary of Defense shall, upon determining that such funds are 
required for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris of the 
Department of Defense or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations made available 
to the Department of Defense, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: <<NOTE: Determination.>>   Provided further, That 
upon a determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this Act.

[[Page 127 STAT. 286]]

         Environmental Restoration, Formerly Used Defense Sites

                      (including transfer of funds)

    For the Department of the Army, $287,543,000, to remain available 
until transferred: <<NOTE: Determination.>>   Provided, That the 
Secretary of the Army shall, upon determining that such funds are 
required for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris at sites 
formerly used by the Department of Defense, transfer the funds made 
available by this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: <<NOTE: Determination.>>   Provided further, That 
upon a determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of 
title 10, United States Code), $108,759,000, to remain available until 
September 30, 2014.

                  Cooperative Threat Reduction Account

    For assistance to the republics of the former Soviet Union and, with 
appropriate authorization by the Department of Defense and Department of 
State, to countries outside of the former Soviet Union, including 
assistance provided by contract or by grants, for facilitating the 
elimination and the safe and secure transportation and storage of 
nuclear, chemical and other weapons; for establishing programs to 
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training 
and support of defense and military personnel for demilitarization and 
protection of weapons, weapons components and weapons technology and 
expertise, and for defense and military contacts, $519,111,000, to 
remain available until September 30, 2015.

      Department of Defense Acquisition Workforce Development Fund

    For the Department of Defense Acquisition Workforce Development 
Fund, $50,198,000.

[[Page 127 STAT. 287]]

                                TITLE III

                               PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $6,028,754,000, to remain available for obligation until 
September 30, 2015.

                        Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,535,433,000, to remain available for obligation until 
September 30, 2015.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes, $1,857,823,000, to 
remain available for obligation until September 30, 2015.

                     Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities, authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired,

[[Page 127 STAT. 288]]

and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for the 
foregoing purposes, $1,641,306,000, to remain available for obligation 
until September 30, 2015.

                         Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes, $5,741,664,000, to 
remain available for obligation until September 30, 2015.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public and 
private plants, including the land necessary therefor, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway, 
$17,382,152,000, to remain available for obligation until September 30, 
2015.

                        Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related support 
equipment including spare parts, and accessories therefor; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $3,036,871,000, to remain available for obligation 
until September 30, 2015.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities, authorized by section 2854 of title 10, United

[[Page 127 STAT. 289]]

States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for the 
foregoing purposes, $659,897,000, to remain available for obligation 
until September 30, 2015.

                    Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and armament 
thereof, plant equipment, appliances, and machine tools and installation 
thereof in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; procurement of critical, long lead 
time components and designs for vessels to be constructed or converted 
in the future; and expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title, as follows:
            Carrier Replacement Program, $565,371,000;
            Virginia Class Submarine, $3,217,601,000;
            Virginia Class Submarine (AP), $1,652,557,000;
            CVN Refuelings, $1,613,392,000;
            CVN Refuelings (AP), $70,010,000;
            DDG-1000 Program, $669,222,000;
            DDG-51 Destroyer, $4,036,628,000;
            DDG-51 Destroyer (AP), $466,283,000;
            Littoral Combat Ship, $1,784,959,000;
            LPD-17 (AP), $263,255,000;
            Joint High Speed Vessel, $189,196,000;
            Moored Training Ship, $307,300,000;
            LCAC Service Life Extension Program, $85,830,000; and
            For outfitting, post delivery, conversions, and first 
        destination transportation, $290,035,000.
            Completion of Prior Year Shipbuilding Programs, 
        $372,573,000.

    In all: $15,584,212,000, to remain available for obligation until 
September 30, 2017:  Provided, That additional obligations may be 
incurred after September 30, 2017, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction:  Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel:  Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards.

                         Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except ordnance 
for new aircraft, new ships, and ships authorized for conversion); the 
purchase of passenger motor vehicles for replacement only; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein,

[[Page 127 STAT. 290]]

may be acquired, and construction prosecuted thereon prior to approval 
of title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and Government 
and contractor-owned equipment layaway, $5,955,078,000, to remain 
available for obligation until September 30, 2015.

                        Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, and 
accessories therefor; plant equipment, appliances, and machine tools, 
and installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; vehicles for the 
Marine Corps, including the purchase of passenger motor vehicles for 
replacement only; and expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title, $1,411,411,000, to remain available for obligation until 
September 30, 2015.

                     Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $11,774,019,000, to remain available for 
obligation until September 30, 2015.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing 
purposes including rents and transportation of things, $4,962,376,000, 
to remain available for obligation until September 30, 2015.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities, authorized by section 2854 of title 10, United

[[Page 127 STAT. 291]]

States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for the 
foregoing purposes, $594,694,000, to remain available for obligation 
until September 30, 2015.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only; lease of passenger motor vehicles; and 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon, 
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $17,082,508,000, to remain available for 
obligation until September 30, 2015.

                        Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments) necessary for procurement, 
production, and modification of equipment, supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of 
passenger motor vehicles for replacement only; expansion of public and 
private plants, equipment, and installation thereof in such plants, 
erection of structures, and acquisition of land for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway, 
$4,878,985,000, to remain available for obligation until September 30, 
2015.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $223,531,000, to remain available 
until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $8,676,627,000, to 
remain available for obligation until September 30, 2014.

[[Page 127 STAT. 292]]

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $16,963,398,000, to 
remain available for obligation until September 30, 2014:  Provided, 
That funds appropriated in this paragraph which are available for the V-
22 may be used to meet unique operational requirements of the Special 
Operations Forces:  Provided further, That funds appropriated in this 
paragraph shall be available for the Cobra Judy program.

          Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $25,432,738,000, to 
remain available for obligation until September 30, 2014.

        Research, Development, Test and Evaluation, Defense-Wide

                      (including transfer of funds)

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments), necessary for basic and applied 
scientific research, development, test and evaluation; advanced research 
projects as may be designated and determined by the Secretary of 
Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $18,631,946,000, to remain 
available for obligation until September 30, 2014:  Provided, That of 
the funds made available in this paragraph, $250,000,000 for the Defense 
Rapid Innovation Program shall only be available for expenses, not 
otherwise provided for, to include program management and oversight, to 
conduct research, development, test and evaluation to include proof of 
concept demonstration; engineering, testing, and validation; and 
transition to full-scale production:  Provided further, That the 
Secretary of Defense may transfer funds provided herein for the Defense 
Rapid Innovation Program to appropriations for research, development, 
test and evaluation to accomplish the purpose provided herein:  Provided 
further, That this transfer authority is in addition to any other 
transfer authority available to the Department of Defense:  Provided 
further, That the Secretary of Defense shall, 
not <<NOTE: Deadline. Notification.>>  fewer than 30 days prior to 
making transfers from this appropriation, notify the congressional 
defense committees in writing of the details of any such transfer.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evaluation, 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith, $223,768,000, to remain available for obligation until 
September 30, 2014.

[[Page 127 STAT. 293]]

                                 TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

     For the Defense Working Capital Funds, $1,516,184,000.

                      National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security needs 
of the United States, $697,840,000, to remain available 
until <<NOTE: Contracts.>> expended:  Provided, That none of the funds 
provided in this paragraph shall be used to award a new contract that 
provides for the acquisition of any of the following major components 
unless such components are manufactured in the United States: auxiliary 
equipment, including pumps, for all shipboard services; propulsion 
system components (engines, reduction gears, and propellers); shipboard 
cranes; and spreaders for shipboard cranes: 
<<NOTE: Contracts.>> Provided further, That the exercise of an option in 
a contract awarded through the obligation of previously appropriated 
funds shall not be considered to be the award of a new 
contract: <<NOTE: Waiver authority. Certification.>>   Provided further, 
That the Secretary of the military department responsible for such 
procurement may waive the restrictions in the first proviso on a case-
by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate that 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense as authorized by law, 
$32,715,304,000; of which $30,885,165,000 shall be for operation and 
maintenance, of which not to exceed one percent shall remain available 
until September 30, 2014, and of which up to $15,934,952,000 may be 
available for contracts entered into under the TRICARE program; of which 
$521,762,000, to remain available for obligation until September 30, 
2015, shall be for procurement; and of which $1,308,377,000, to remain 
available for obligation until September 30, 2014, shall be for 
research, development, test and evaluation:  Provided, That, 
notwithstanding any other provision of law, of the amount made available 
under this heading for research, development, test and evaluation, not 
less than $8,000,000 shall be available for HIV prevention educational 
activities undertaken in connection with United States military 
training, exercises, and humanitarian assistance activities conducted 
primarily in African nations: <<NOTE: Expenditure plan.>>   Provided 
further, That of the funds provided to develop

[[Page 127 STAT. 294]]

a joint Department of Defense--Department of Veterans Affairs (DOD-VA) 
integrated Electronic Health Record, not more than 25 percent may be 
obligated until the DOD-VA Interagency Program Office submits to the 
Committees on Appropriations of both Houses of Congress, and such 
Committees approve, a plan for expenditure that: (1) defines the budget 
and cost baseline for development of the integrated Electronic Health 
Record; (2) identifies the deployment timeline for the system for both 
agencies; (3) breaks out annual and total spending for each Department; 
(4) relays detailed cost-sharing business rules; (5) establishes data 
standardization schedules between the Departments; (6) has been 
submitted to the Government Accountability Office for review; and (7) 
complies with the acquisition rules, requirements, guidelines, and 
systems acquisition management practices of the Federal Government.

           Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents and 
munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $1,301,786,000, of which $635,843,000 shall 
be for operation and maintenance, of which no less than $53,948,000 
shall be for the Chemical Stockpile Emergency Preparedness Program, 
consisting of $22,214,000 for activities on military installations and 
$31,734,000, to remain available until September 30, 2014, to assist 
State and local governments; $18,592,000 shall be for procurement, to 
remain available until September 30, 2015, of which $1,823,000 shall be 
for the Chemical Stockpile Emergency Preparedness Program to assist 
State and local governments; and $647,351,000, to remain available until 
September 30, 2014, shall be for research, development, test and 
evaluation, of which $627,705,000 shall only be for the Assembled 
Chemical Weapons Alternatives (ACWA) program.

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
operation and maintenance; for procurement; and for research, 
development, test and evaluation, $1,159,263,000:  Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which <<NOTE: Determination.>> transferred:  Provided further, That 
upon a determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority contained elsewhere in this 
Act.

[[Page 127 STAT. 295]]

                     Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $350,321,000, of which $347,621,000 shall be for operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval or 
authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; and of which $2,700,000, to remain available until September 
30, 2015, shall be for procurement.

                                TITLE VII

                            RELATED AGENCIES

    Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $514,000,000.

                Intelligence Community Management Account

    For necessary expenses of the Intelligence Community Management 
Account, $534,421,000.

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001.  No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 8002.  <<NOTE: 10 USC 1584 note.>> During the current fiscal 
year, provisions of law prohibiting the payment of compensation to, or 
employment of, any person not a citizen of the United States shall not 
apply to personnel of the Department of <<NOTE: Pay rates. Foreign 
nationals.>> Defense:  Provided, That salary increases granted to direct 
and indirect hire foreign national employees of the Department of 
Defense funded by this Act shall not be at a rate in excess of the 
percentage increase authorized by law for civilian employees of the 
Department of Defense whose pay is computed under the provisions of 
section 5332 of title 5, United States Code, or at a rate in excess of 
the percentage increase provided by the appropriate host nation to its 
own employees, whichever is higher:  Provided further, That this section 
shall not apply to Department of Defense foreign service national 
employees serving at United States diplomatic missions whose pay is set 
by the Department of State under the Foreign Service Act of 1980:  
Provided further, <<NOTE: Turkey.>> That the limitations of this 
provision shall not apply to foreign national employees of the 
Department of Defense in the Republic of Turkey.

    Sec. 8003.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, unless 
expressly so provided herein.

[[Page 127 STAT. 296]]

    Sec. 8004.  No more than 20 percent of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last 2 months of the fiscal year:  
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training of 
the Reserve Officers' Training Corps.

                           (transfer of funds)

    Sec. 8005.  <<NOTE: Determination.>> Upon determination by the 
Secretary of Defense that such action is necessary in the national 
interest, he may, with the approval of the Office of Management and 
Budget, transfer not to exceed $4,000,000,000 of working capital funds 
of the Department of Defense or funds made available in this Act to the 
Department of Defense for military functions (except military 
construction) between such appropriations or funds or any subdivision 
thereof, to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to which 
transferred:  Provided, That such authority to transfer may not be used 
unless for higher priority items, based on unforeseen military 
requirements, than those for which originally appropriated and in no 
case where the item for which funds are requested has been denied by the 
Congress: <<NOTE: Notification.>>   Provided further, That the Secretary 
of Defense shall notify the Congress promptly of all transfers made 
pursuant to this authority or any other authority in this Act: 
<<NOTE: Reprogramming requests.>> Provided further, That no part of the 
funds in this Act shall be available to prepare or present a request to 
the Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress: 
<<NOTE: Deadline.>> Provided further, That a request for multiple 
reprogrammings of funds using authority provided in this section shall 
be made prior to June 30, 2013:  Provided further, That transfers among 
military personnel appropriations shall not be taken into account for 
purposes of the limitation on the amount of funds that may be 
transferred under this section.

    Sec. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments to 
budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled ``Explanation of Project 
Level Adjustments'' in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act), the 
obligation and expenditure of amounts appropriated or otherwise made 
available in this Act for those programs, projects, and activities for 
which the amounts appropriated exceed the amounts requested are hereby 
required by law to be carried out in the manner provided by such tables 
to the same extent as if the tables were included in the text of this 
Act.
    (b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
for purposes of section 8005 of this <<NOTE: Applicability.>> Act:  
Provided, That section 8005 shall apply when transfers of the amounts 
described in subsection (a) occur between appropriation accounts.

    Sec. 8007. <<NOTE: Deadline. Reports.>> (a) Not later than 60 days 
after enactment of this Act, the Department of Defense shall submit a 
report to the congressional defense committees to establish the baseline 
for application

[[Page 127 STAT. 297]]

of reprogramming and transfer authorities for fiscal year 2013:  
Provided, That the report shall include--
            (1) a table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation both 
        by budget activity and program, project, and activity as 
        detailed in the Budget Appendix; and
            (3) an identification of items of special congressional 
        interest.

    (b) <<NOTE: Certification.>> Notwithstanding section 8005 of this 
Act, none of the funds provided in this Act shall be available for 
reprogramming or transfer until the report identified in subsection (a) 
is submitted to the congressional defense committees, unless the 
Secretary of Defense certifies in writing to the congressional defense 
committees that such reprogramming or transfer is necessary as an 
emergency requirement.

                           (transfer of funds)

    Sec. 8008.  During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in only 
such amounts as are necessary at any time for cash disbursements to be 
made from such funds:  Provided, That transfers may be made between 
such <<NOTE: Notification.>> funds:  Provided further, That transfers 
may be made between working capital funds and the ``Foreign Currency 
Fluctuations, Defense'' appropriation and the ``Operation and 
Maintenance'' appropriation accounts in such amounts as may be 
determined by the Secretary of Defense, with the approval of the Office 
of Management and Budget, except that such transfers may not be made 
unless the Secretary of Defense has notified the Congress of the 
proposed <<NOTE: Notification.>>  transfer. Except in amounts equal to 
the amounts appropriated to working capital funds in this Act, no 
obligations may be made against a working capital fund to procure or 
increase the value of war reserve material inventory, unless the 
Secretary of Defense has notified the Congress prior to any such 
obligation.

    Sec. <<NOTE: Notification. Deadline.>> 8009.  Funds appropriated by 
this Act may not be used to initiate a special access program without 
prior notification 30 calendar days in advance to the congressional 
defense committees.

    Sec. 8010.  <<NOTE: Contracts. Notifications. Deadlines. 10 USC 
2306b note.>> None of the funds provided in this Act shall be available 
to initiate: (1) a multiyear contract that employs economic order 
quantity procurement in excess of $20,000,000 in any one year of the 
contract or that includes an unfunded contingent liability in excess of 
$20,000,000; or (2) a contract for advance procurement leading to a 
multiyear contract that employs economic order quantity procurement in 
excess of $20,000,000 in any one year, unless the congressional defense 
committees have been notified at least 30 days in advance of the 
proposed contract award:  Provided, That no part of any appropriation 
contained in this Act shall be available to initiate a multiyear 
contract for which the economic order quantity advance procurement is 
not funded at least to the limits of the Government's liability:  
Provided further, That no part of any appropriation contained in this 
Act shall be available to initiate multiyear procurement contracts for 
any

[[Page 127 STAT. 298]]

systems or component thereof if the value of the multiyear contract 
would exceed $500,000,000 unless specifically provided in this Act:  
Provided further, <<NOTE: Deadline. Notification.>> That no multiyear 
procurement contract can be terminated without 10-day prior notification 
to the congressional defense committees:  Provided further, That the 
execution of multiyear authority shall require the use of a present 
value analysis to determine lowest cost compared to an 
annual <<NOTE: Budget request.>> procurement:  Provided further, That 
none of the funds provided in this Act may be used for a multiyear 
contract executed after the date of the enactment of this Act unless in 
the case of any such contract--
            (1) the Secretary of Defense has submitted to Congress a 
        budget request for full funding of units to be procured through 
        the contract and, in the case of a contract for procurement of 
        aircraft, that includes, for any aircraft unit to be procured 
        through the contract for which procurement funds are requested 
        in that budget request for production beyond advance procurement 
        activities in the fiscal year covered by the budget, full 
        funding of procurement of such unit in that fiscal year;
            (2) cancellation provisions in the contract do not include 
        consideration of recurring manufacturing costs of the contractor 
        associated with the production of unfunded units to be delivered 
        under the contract;
            (3) the contract provides that payments to the contractor 
        under the contract shall not be made in advance of incurred 
        costs on funded units; and
            (4) the contract does not provide for a price adjustment 
        based on a failure to award a follow-on contract.

    Funds appropriated in title III of this Act may be used for a 
multiyear procurement contract as follows:
    F/A-18E, F/A-18F, and EA-18G aircraft; up to 10 DDG-51 Arleigh Burke 
class Flight IIA guided missile destroyers, as well as the AEGIS Weapon 
Systems, MK 41 Vertical Launching Systems, and Commercial Broadband 
Satellite Systems associated with those vessels; SSN-774 Virginia class 
submarine and government-furnished equipment; CH-47 Chinook helicopter; 
and V-22 Osprey aircraft variants.
    Sec. 8011.  Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. <<NOTE: Reports.>> Such funds may also be obligated for 
humanitarian and civic assistance costs incidental to authorized 
operations and pursuant to authority granted in section 401 of chapter 
20 of title 10, United States Code, and these obligations shall be 
reported as required by section 401(d) of title 10, United States Code: 
<<NOTE: Humanitarian assistance. Territories.>> Provided, That funds 
available for operation and maintenance shall be available for providing 
humanitarian and similar assistance by using Civic Action Teams in the 
Trust Territories of the Pacific Islands and freely associated states of 
Micronesia, pursuant to the Compact of Free Association as authorized by 
Public Law 99-239: <<NOTE: Determination.>>   Provided further, That 
upon a determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at Army 
medical facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable basis, for 
civilian patients from American Samoa, the Commonwealth of the Northern

[[Page 127 STAT. 299]]

Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.

    Sec. 8012. (a) During fiscal year 2013, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) <<NOTE: Budget request. Effective date.>> The fiscal year 2014 
budget request for the Department of Defense as well as all 
justification material and other documentation supporting the fiscal 
year 2014 Department of Defense budget request shall be prepared and 
submitted to the Congress as if subsections (a) and (b) of this 
provision were effective with regard to fiscal year 2014.

    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8013.  <<NOTE: Lobbying.>> None of the funds made available by 
this Act shall be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation matters pending 
before the Congress.

    Sec. 8014.  None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment:  Provided, That this section shall 
not apply to those members who have reenlisted with this option prior to 
October 1, 1987:  <<NOTE: Applicability.>> Provided further, That this 
section applies only to active components of the Army.

                           (transfer of funds)

    Sec. 8015.  Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred to 
any other appropriation contained in this Act solely for the purpose of 
implementing a Mentor-Protege Program developmental assistance agreement 
pursuant to section 831 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended, 
under the authority of this provision or any other transfer authority 
contained in this Act.
    Sec. 8016.  <<NOTE: Anchor and mooring chain.>> None of the funds in 
this Act may be available for the purchase by the Department of Defense 
(and its departments and agencies) of welded shipboard anchor and 
mooring chain 4 inches in diameter and under unless the anchor and 
mooring chain are manufactured in the United States from components 
which are substantially manufactured in the United States: 
<<NOTE: Definition.>> Provided, That for the purpose of this section, 
the term ``manufactured'' shall include cutting, heat treating, quality 
control, testing of chain and welding (including the forging and shot 
blasting process):  Provided further, That for the purpose of this 
section substantially all of the components of anchor and mooring chain 
shall be considered to be produced or manufactured in the United States 
if the aggregate cost of the components produced or manufactured in the 
United States exceeds the aggregate cost of the components produced or 
manufactured outside the United States:  <<NOTE: Waiver 
authority. Certification.>> Provided further, That

[[Page 127 STAT. 300]]

when adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations 
that such an acquisition must be made in order to acquire capability for 
national security purposes.

    Sec. 8017.  <<NOTE: Arms and munitions. Certification.>> None of the 
funds available to the Department of Defense may be used to demilitarize 
or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber 
rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or 
destroy small arms ammunition or ammunition components that are not 
otherwise prohibited from commercial sale under Federal law, unless the 
small arms ammunition or ammunition components are certified by the 
Secretary of the Army or designee as unserviceable or unsafe for further 
use.

    Sec. 8018.  No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region: 
<<NOTE: Waiver authority. Certification.>> Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case basis by 
certifying in writing to the congressional defense committees that such 
a relocation is required in the best interest of the Government.

    Sec. 8019.  <<NOTE: Contracts.>> In addition to the funds provided 
elsewhere in this Act, $15,000,000 is appropriated only for incentive 
payments authorized by section 504 of the Indian Financing Act of 1974 
(25 U.S.C. 1544):  Provided, That a prime contractor or a subcontractor 
at any tier that makes a subcontract award to any subcontractor or 
supplier as defined in section 1544 of title 25, United States Code, or 
a small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code, shall be 
considered a contractor for the purposes of being allowed additional 
compensation under section 504 of the Indian Financing Act of 1974 (25 
U.S.C. 1544) whenever the prime contract or subcontract amount is over 
$500,000 and involves the expenditure of funds appropriated by an Act 
making Appropriations for the Department of Defense with respect to any 
fiscal year:  <<NOTE: Applicability.>> Provided further, That 
notwithstanding section 1906 of title 41, United States Code, this 
section shall be applicable to any Department of Defense acquisition of 
supplies or services, including any contract and any subcontract at any 
tier for acquisition of commercial items produced or manufactured, in 
whole or in part, by any subcontractor or supplier defined in section 
1544 of title 25, United States Code, or a small business owned and 
controlled by an individual or individuals defined under section 4221(9) 
of title 25, United States Code.

    Sec. 8020.  Funds appropriated by this Act for the Defense Media 
Activity shall not be used for any national or international political 
or psychological activities.
    Sec. 8021.  <<NOTE: Kuwait.>> During the current fiscal year, the 
Department of Defense is authorized to incur obligations of not to 
exceed $350,000,000 for purposes specified in section 2350j(c) of title 
10, United States Code, in anticipation of receipt of contributions, 
only from the Government of Kuwait, under that section:  Provided, That 
upon receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such obligations.

[[Page 127 STAT. 301]]

    Sec. 8022. (a) Of the funds made available in this Act, not less 
than $38,634,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $28,404,000 shall be available from ``Operation and 
        Maintenance, Air Force'' to support Civil Air Patrol Corporation 
        operation and maintenance, readiness, counterdrug activities, 
        and drug demand reduction activities involving youth programs;
            (2) $9,298,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $932,000 shall be available from ``Other Procurement, 
        Air Force'' for vehicle procurement.

    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8023. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other nonprofit entities.
    (b) No member of a Board of Directors, Trustees, Overseers, Advisory 
Group, Special Issues Panel, Visiting Committee, or any similar entity 
of a defense FFRDC, and no paid consultant to any defense FFRDC, except 
when acting in a technical advisory capacity, may be compensated for his 
or her services as a member of such entity, or as a paid consultant by 
more than one FFRDC in a fiscal year:  Provided, That a member of any 
such entity referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Federal Joint 
Travel Regulations, when engaged in the performance of membership 
duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during fiscal year 2013 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2013, not more than 5,750 
staff years of technical effort (staff years) may be funded for defense 
FFRDCs:  Provided; That of the specific amount referred to previously in 
this subsection, not more than 1,125 staff years may be funded for the 
defense studies and analysis FFRDCs:  Provided further, That this 
subsection shall not apply to staff years funded in the National 
Intelligence Program (NIP) and the Military Intelligence Program (MIP).
    (e) <<NOTE: Reports.>> The Secretary of Defense shall, with the 
submission of the department's fiscal year 2014 budget request, submit a 
report presenting the specific amounts of staff years of technical 
effort to be allocated for each defense FFRDC during that fiscal year 
and the associated budget estimates.

    Sec. 8024.  <<NOTE: Contracts.>> None of the funds appropriated or 
made available in this Act shall be used to procure carbon, alloy, or 
armor steel plate for use in any Government-owned facility or property 
under

[[Page 127 STAT. 302]]

the control of the Department of Defense which were not melted and 
rolled in the United States or Canada: 
<<NOTE: Applicability.>> Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, American Society 
of Testing and Materials (ASTM) or American Iron and Steel Institute 
(AISI) specifications of carbon, alloy or armor steel plate: 
<<NOTE: Waiver authority. Certification.>> Provided further, That the 
Secretary of the military department responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes:  Provided further, That these restrictions shall not 
apply to contracts which are in being as of the date of the enactment of 
this Act.

    Sec. 8025.  <<NOTE: Definition.>> For the purposes of this Act, the 
term ``congressional defense committees'' means the Armed Services 
Committee of the House of Representatives, the Armed Services Committee 
of the Senate, the Subcommittee on Defense of the Committee on 
Appropriations of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives.

    Sec. 8026.  During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms: 
<<NOTE: Certification.>> Provided, That the Senior Acquisition Executive 
of the military department or Defense Agency concerned, with power of 
delegation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and private 
bids:  Provided further, That Office of Management and Budget Circular 
A-76 shall not apply to competitions conducted under this section.

    Sec. 8027. <<NOTE: Determination. Contracts. Rescission. 41 USC 8304 
note.>> (a)(1) If the Secretary of Defense, after consultation with the 
United States Trade Representative, determines that a foreign country 
which is party to an agreement described in paragraph (2) has violated 
the terms of the agreement by discriminating against certain types of 
products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy American Act with respect to such types of 
products produced in that foreign country.

    (2) <<NOTE: Memorandum.>> An agreement referred to in paragraph (1) 
is any reciprocal defense procurement memorandum of understanding, 
between the United States and a foreign country pursuant to which the 
Secretary of Defense has prospectively waived the Buy American Act for 
certain products in that country.

    (b) <<NOTE: Reports.>> The Secretary of Defense shall submit to the 
Congress a report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2013. Such report shall separately 
indicate the dollar value of items for which the Buy American Act was 
waived pursuant to any agreement described in subsection (a)(2), the 
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a party.

    (c) For purposes of this section, the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.

[[Page 127 STAT. 303]]

    Sec. 8028.  During the current fiscal year, amounts contained in the 
Department of Defense Overseas Military Facility Investment Recovery 
Account established by section 2921(c)(1) of the National Defense 
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) 
shall be available until expended for the payments specified by section 
2921(c)(2) of that Act.
    Sec. 8029. (a) <<NOTE: Housing. Native Americans. State 
listing.>> Notwithstanding any other provision of law, the Secretary of 
the Air Force may convey at no cost to the Air Force, without 
consideration, to Indian tribes located in the States of Nevada, Idaho, 
North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington 
relocatable military housing units located at Grand Forks Air Force 
Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth 
Air Force Base, and Minot Air Force Base that are excess to the needs of 
the Air Force.

    (b) The Secretary of the Air Force shall convey, at no cost to the 
Air Force, military housing units under subsection (a) in accordance 
with the request for such units that are submitted to the Secretary by 
the Operation Walking Shield Program on behalf of Indian tribes located 
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, 
Oregon, Minnesota, and Washington. Any such conveyance shall be subject 
to the condition that the housing units shall be removed within a 
reasonable period of time, as determined by the Secretary.
    (c) The Operation Walking Shield Program shall resolve any conflicts 
among requests of Indian tribes for housing units under subsection (a) 
before submitting requests to the Secretary of the Air Force under 
subsection (b).
    (d) <<NOTE: Definition.>> In this section, the term ``Indian tribe'' 
means any recognized Indian tribe included on the current list published 
by the Secretary of the Interior under section 104 of the Federally 
Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792; 
25 U.S.C. 479a-1).

    Sec. 8030.  During the current fiscal year, appropriations which are 
available to the Department of Defense for operation and maintenance may 
be used to purchase items having an investment item unit cost of not 
more than $250,000.
    Sec. 8031. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) <<NOTE: Budget request.>> The fiscal year 2014 budget request 
for the Department of Defense as well as all justification material and 
other documentation supporting the fiscal year 2014 Department of 
Defense budget shall be prepared and submitted to the Congress on the 
basis that any equipment which was classified as an end item and funded 
in a procurement appropriation contained in this Act shall be budgeted 
for in a proposed fiscal year 2014 procurement appropriation and not in 
the supply management business area or any other

[[Page 127 STAT. 304]]

area or category of the Department of Defense Working Capital Funds.

    Sec. 8032.  None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for obligation 
beyond the current fiscal year, except for funds appropriated for the 
Reserve for Contingencies, which shall remain available until September 
30, 2014:  <<NOTE: 50 USC 403u note.>> Provided, That funds 
appropriated, transferred, or otherwise credited to the Central 
Intelligence Agency Central Services Working Capital Fund during this or 
any prior or subsequent fiscal year shall remain available until 
expended:  Provided further, That any funds appropriated or transferred 
to the Central Intelligence Agency for advanced research and development 
acquisition, for agent operations, and for covert action programs 
authorized by the President under section 503 of the National Security 
Act of 1947, as amended, shall remain available until September 30, 
2014.

    Sec. 8033.  Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8034.  Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $12,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8035. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, in 
expending the funds, complies with the Buy American Act. For purposes of 
this subsection, the term ``Buy American Act'' means chapter 83 of title 
41, United States Code.
    (b) <<NOTE: Determination. Labeling. Fraud. Debarment.>> If the 
Secretary of Defense determines that a person has been convicted of 
intentionally affixing a label bearing a ``Made in America'' inscription 
to any product sold in or shipped to the United States that is not made 
in America, the Secretary shall determine, in accordance with section 
2410f of title 10, United States Code, whether the person should be 
debarred from contracting with the Department of Defense.

    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-competitive, 
quality competitive, and available in a timely fashion.
    Sec. 8036.  <<NOTE: Contracts. Determination.>> None of the funds 
appropriated by this Act shall be available for a contract for studies, 
analysis, or consulting services entered into without competition on the 
basis of an unsolicited proposal unless the head of the activity 
responsible for the procurement determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work;

[[Page 127 STAT. 305]]

            (2) the purpose of the contract is to explore an unsolicited 
        proposal which offers significant scientific or technological 
        promise, represents the product of original thinking, and was 
        submitted in confidence by one source; or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support:  Provided, That this 
        limitation shall not apply to contracts in an amount of less 
        than $25,000, contracts related to improvements of equipment 
        that is in development or production, or contracts as to which a 
        civilian official of the Department of Defense, who has been 
        confirmed by the Senate, determines that the award of such 
        contract is in the interest of the national defense.

    Sec. 8037. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.

    (b) <<NOTE: Waiver authority. Determination. Certification.>> The 
Secretary of Defense or Secretary of a military department may waive the 
limitations in subsection (a), on a case-by-case basis, if the Secretary 
determines, and certifies to the Committees on Appropriations of the 
House of Representatives and Senate that the granting of the waiver will 
reduce the personnel requirements or the financial requirements of the 
department.

    (c) This section does not apply to--
            (1) field operating agencies funded within the National 
        Intelligence Program;
            (2) an Army field operating agency established to eliminate, 
        mitigate, or counter the effects of improvised explosive 
        devices, and, as determined by the Secretary of the Army, other 
        similar threats; or
            (3) an Army field operating agency established to improve 
        the effectiveness and efficiencies of biometric activities and 
        to integrate common biometric technologies throughout the 
        Department of Defense.

    Sec. 8038.  None of the funds made available in this Act may be used 
to approve or license the sale of the F-22A advanced tactical fighter to 
any foreign government:  Provided, That the Department of Defense may 
conduct or participate in studies, research, design and other activities 
to define and develop a future export version of the F-22A that protects 
classified and sensitive information, technologies and U.S. warfighting 
capabilities.
    Sec. 8039. <<NOTE: Contracts.>> (a) None of the funds appropriated 
by this Act shall be available to convert to contractor performance an 
activity or function of the Department of Defense that, on or after the 
date of the enactment of this Act, is performed by Department of Defense 
civilian employees unless--
            (1) the conversion is based on the result of a public-
        private competition that includes a most efficient and cost 
        effective organization plan developed by such activity or 
        function;
            (2) the Competitive Sourcing Official determines that, over 
        all performance periods stated in the solicitation of offers for 
        performance of the activity or function, the cost of performance

[[Page 127 STAT. 306]]

        of the activity or function by a contractor would be less costly 
        to the Department of Defense by an amount that equals or exceeds 
        the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that activity 
                or function by Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Department of Defense 
        by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or function 
                under the contract; or
                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute less towards the premium or subscription 
                share than the amount that is paid by the Department of 
                Defense for health benefits for civilian employees under 
                chapter 89 of title 5, United States Code.

    (b)(1) The Department of Defense, without regard to subsection (a) 
of this section or subsection (a), (b), or (c) of section 2461 of title 
10, United States Code, and notwithstanding any administrative 
regulation, requirement, or policy to the contrary shall have full 
authority to enter into a contract for the performance of any commercial 
or industrial type function of the Department of Defense that--
            (A) is included on the procurement list established pursuant 
        to section 2 of the Javits-Wagner-O'Day Act (section 8503 of 
        title 41, United States Code);
            (B) is planned to be converted to performance by a qualified 
        nonprofit agency for the blind or by a qualified nonprofit 
        agency for other severely handicapped individuals in accordance 
        with that Act; or
            (C) is planned to be converted to performance by a qualified 
        firm under at least 51 percent ownership by an Indian tribe, as 
        defined in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e)), or a Native 
        Hawaiian Organization, as defined in section 8(a)(15) of the 
        Small Business Act (15 U.S.C. 637(a)(15)).

    (2) This section shall not apply to depot contracts or contracts for 
depot maintenance as provided in sections 2469 and 2474 of title 10, 
United States Code.
    (c) The conversion of any activity or function of the Department of 
Defense under the authority provided by this section shall be credited 
toward any competitive or outsourcing goal, target, or measurement that 
may be established by statute, regulation, or policy and is deemed to be 
awarded under the authority of, and in compliance with, subsection (h) 
of section 2304 of title 10, United States Code, for the competition or 
outsourcing of commercial activities.

                              (rescissions)

    Sec. 8040.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:

[[Page 127 STAT. 307]]

            ``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51 
        Destroyer, $98,400,000;
            ``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51 
        Destroyer Advance Procurement, $2,500,000;
            ``Shipbuilding and Conversion, Navy, 2007/ 2018'': CVN 
        Refueling Overhaul, $14,100,000;
            ``Procurement of Ammunition, Army, 2011/ 2013'', 
        $14,862,000;
            ``Other Procurement, Army, 2011/2013'', $108,098,000;
            ``Aircraft Procurement, Navy, 2011/2013'', $43,860,000;
            ``Shipbuilding and Conversion, Navy, 2011/ 2015'': DDG-51 
        Destroyer, $215,300,000;
            ``Weapons Procurement, Navy, 2011/2013'', $22,000,000;
            ``Aircraft Procurement, Air Force, 2011/2013'', $93,400,000;
            ``Other Procurement, Air Force, 2011/2013'', $9,500,000;
            ``Operation and Maintenance, Defense-Wide, 2012/XXXX'', 
        $21,000,000;
            ``Aircraft Procurement, Army, 2012/2014'', $47,400,000;
            ``Other Procurement, Army, 2012/2014'', $179,608,000;
            ``Aircraft Procurement, Navy, 2012/2014'', $19,040,000;
            ``Shipbuilding and Conversion, Navy, 2012/ 2016'': Littoral 
        Combat Ship, $28,800,000;
            ``Shipbuilding and Conversion, Navy, 2012/ 2016'': DDG-51 
        Destroyer, $83,000,000;
            ``Weapons Procurement, Navy, 2012/2014'', $36,467,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 2012/
        2014'', $16,300,000;
            ``Procurement, Marine Corps, 2012/2014'', $132,555,000;
            ``Aircraft Procurement, Air Force, 2012/2014'', 
        $394,299,000;
            ``Missile Procurement, Air Force, 2012/2014'', $52,898,000;
            ``Other Procurement, Air Force, 2012/2014'', $55,800,000;
            ``Procurement, Defense-Wide, 2012/2014'', $16,000,000;
            ``Research, Development, Test and Evaluation, Army, 2012/
        2013'', $41,000,000;
            ``Research, Development, Test and Evaluation, Navy, 2012/
        2013'', $246,800,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2012/2013'', $149,460,000.

    Sec. 8041.  None of the funds available in this Act may be used to 
reduce the authorized positions for military technicians (dual status) 
of the Army National Guard, Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military technicians 
(dual status), unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8042.  <<NOTE: North Korea.>> None of the funds appropriated or 
otherwise made available in this Act may be obligated or expended for 
assistance to the Democratic People's Republic of Korea unless 
specifically appropriated for that purpose.

    Sec. 8043.  Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense

[[Page 127 STAT. 308]]

Agencies and Joint Intelligence Activities, including the activities and 
programs included within the National Intelligence Program and the 
Military Intelligence Program:  Provided, That nothing in this section 
authorizes deviation from established Reserve and National Guard 
personnel and training procedures.
    Sec. 8044.  During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 2003, level:  <<NOTE: Waiver 
authority. Certification.>> Provided, That the Service Surgeons General 
may waive this section by certifying to the congressional defense 
committees that the beneficiary population is declining in some 
catchment areas and civilian strength reductions may be consistent with 
responsible resource stewardship and capitation-based budgeting.

    Sec. 8045. (a) <<NOTE: Drugs and drug abuse. 10 USC 374 note.>> None 
of the funds available to the Department of Defense for any fiscal year 
for drug interdiction or counter-drug activities may be transferred to 
any other department or agency of the United States except as 
specifically provided in an appropriations law.

    (b) <<NOTE: 50 USC 403f note.>> None of the funds available to the 
Central Intelligence Agency for any fiscal year for drug interdiction 
and counter-drug activities may be transferred to any other department 
or agency of the United States except as specifically provided in an 
appropriations law.

    Sec. 8046.  <<NOTE: Ball and roller bearings.>> None of the funds 
appropriated by this Act may be used for the procurement of ball and 
roller bearings other than those produced by a domestic source and of 
domestic <<NOTE: Waiver authority. Certification.>> origin:  Provided, 
That the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: 
<<NOTE: Applicability.>> Provided further, That this restriction shall 
not apply to the purchase of ``commercial items'', as defined by section 
4(12) of the Office of Federal Procurement Policy Act, except that the 
restriction shall apply to ball or roller bearings purchased as end 
items.

    Sec. 8047.  <<NOTE: Supercomputer. Certification.>> None of the 
funds in this Act may be used to purchase any supercomputer which is not 
manufactured in the United States, unless the Secretary of Defense 
certifies to the congressional defense committees that such an 
acquisition must be made in order to acquire capability for national 
security purposes that is not available from United States 
manufacturers.

    Sec. 8048.  <<NOTE: Salaries.>> None of the funds made available in 
this or any other Act may be used to pay the salary of any officer or 
employee of the Department of Defense who approves or implements the 
transfer of administrative responsibilities or budgetary resources of 
any program, project, or activity financed by this Act to the 
jurisdiction of another Federal agency not financed by this Act without 
the express authorization of Congress:  Provided, That this limitation 
shall not apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.

    Sec. 8049. <<NOTE: Notification. Deadline.>> (a) Notwithstanding any 
other provision of law, none of the funds available to the Department of 
Defense for the

[[Page 127 STAT. 309]]

current fiscal year may be obligated or expended to transfer to another 
nation or an international organization any defense articles or services 
(other than intelligence services) for use in the activities described 
in subsection (b) unless the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate are notified 15 days in 
advance of such transfer.

    (b) <<NOTE: Applicability.>> This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-enforcement, 
        or humanitarian assistance operation.

    (c) A notice under subsection (a) shall include the following:
            (1) A description of the equipment, supplies, or services to 
        be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how the 
                President proposes to provide funds for such 
                replacement.

    Sec. 8050.  <<NOTE: Contracts.>> None of the funds available to the 
Department of Defense under this Act shall be obligated or expended to 
pay a contractor under a contract with the Department of Defense for 
costs of any amount paid by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of the 
        normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

                      (including transfer of funds)

    Sec. 8051.  During the current fiscal year, no more than $30,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred to appropriations 
available for the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in connection with 
support and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, United 
States Code.
    Sec. 8052.  During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under the 
provisions of section 1552 of title 31, United States Code, and which 
has a negative unliquidated or unexpended balance, an obligation or an 
adjustment of an obligation may be

[[Page 127 STAT. 310]]

charged to any current appropriation account for the same purpose as the 
expired or closed account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is not 
        chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note):  Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge to 
        a current account under the authority of this section shall be 
        reversed and recorded against the expired account:  Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.

    Sec. 8053. (a) <<NOTE: Reimbursement.>> Notwithstanding any other 
provision of law, the Chief of the National Guard Bureau may permit the 
use of equipment of the National Guard Distance Learning Project by any 
person or entity on a space-available, reimbursable basis. The Chief of 
the National Guard Bureau shall establish the amount of reimbursement 
for such use on a case-by-case basis.

    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8054.  <<NOTE: Germany.>> Using funds made available by this 
Act or any other Act, the Secretary of the Air Force, pursuant to a 
determination under section 2690 of title 10, United States Code, may 
implement cost-effective agreements for required heating facility 
modernization in the Kaiserslautern Military Community in the Federal 
Republic of Germany:  <<NOTE: Anthracite.>> Provided, That in the City 
of Kaiserslautern and at the Rhine Ordnance Barracks area, such 
agreements will include the use of United States anthracite as the base 
load energy for municipal district heat to the United States Defense 
installations:  Provided further, That at Landstuhl Army Regional 
Medical Center and Ramstein Air Base, furnished heat may be obtained 
from private, regional or municipal services, if provisions are included 
for the consideration of United States coal as an energy source.

    Sec. 8055.  None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements:  
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use:  Provided further, That this restriction 
does not apply to programs funded within the National Intelligence 
Program:  <<NOTE: Waiver authority. Certification.>> Provided further, 
That the Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations 
of the

[[Page 127 STAT. 311]]

House of Representatives and the Senate that it is in the national 
security interest to do so.

    Sec. 8056. (a) <<NOTE: Waiver authority. Determination.>> The 
Secretary of Defense may, on a case-by-case basis, waive with respect to 
a foreign country each limitation on the procurement of defense items 
from foreign sources provided in law if the Secretary determines that 
the application of the limitation with respect to that country would 
invalidate cooperative programs entered into between the Department of 
Defense and the foreign country, or would invalidate reciprocal trade 
agreements for the procurement of defense items entered into under 
section 2531 of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items produced in the 
United States for that country.

    (b) <<NOTE: Applicability. Contracts.>> Subsection (a) applies with 
respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason other 
        than the application of a waiver granted under subsection (a).

    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 50-65) 
of the Harmonized Tariff Schedule and products classified under headings 
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 
8211, 8215, and 9404.
    Sec. 8057. <<NOTE: Human rights.>> (a) None of the funds made 
available by this Act may be used to support any training program 
involving a unit of the security forces or police of a foreign country 
if the Secretary of Defense has received credible information from the 
Department of State that the unit has committed a gross violation of 
human rights, unless all necessary corrective steps have been taken.

    (b) <<NOTE: Consultation.>> The Secretary of Defense, in 
consultation with the Secretary of State, shall ensure that prior to a 
decision to conduct any training program referred to in subsection (a), 
full consideration is given to all credible information available to the 
Department of State relating to human rights violations by foreign 
security forces.

    (c) <<NOTE: Waiver authority. Determination.>> The Secretary of 
Defense, after consultation with the Secretary of State, may waive the 
prohibition in subsection (a) if he determines that such waiver is 
required by extraordinary circumstances.

    (d) <<NOTE: Deadline. Reports.>> Not more than 15 days after the 
exercise of any waiver under subsection (c), the Secretary of Defense 
shall submit a report to the congressional defense committees describing 
the extraordinary circumstances, the purpose and duration of the 
training program, the United States forces and the foreign security 
forces involved in the training program, and the information relating to 
human rights violations that necessitates the waiver.

    Sec. 8058.  None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts may 
be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.

[[Page 127 STAT. 312]]

    Sec. 8059.  <<NOTE: Deadline. Reports.>> Notwithstanding any other 
provision of law, funds appropriated in this Act under the heading 
``Research, Development, Test and Evaluation, Defense-Wide'' for any new 
start advanced concept technology demonstration project or joint 
capability demonstration project may only be obligated 45 days after a 
report, including a description of the project, the planned acquisition 
and transition strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense committees:  
Provided, <<NOTE: Waiver authority. Certification.>>  That the Secretary 
of Defense may waive this restriction on a case-by-case basis by 
certifying to the congressional defense committees that it is in the 
national interest to do so.

    Sec. 8060.  <<NOTE: Classified 
information. Deadlines. Reports. Effective date.>> The Secretary of 
Defense shall provide a classified quarterly report beginning 30 days 
after enactment of this Act, to the House and Senate Appropriations 
Committees, Subcommittees on Defense on certain matters as directed in 
the classified annex accompanying this Act.

    Sec. 8061.  During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide support to 
another department or agency of the United States if such department or 
agency is more than 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis:  Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable basis, 
and is providing the requested support pursuant to such authority: 
<<NOTE: Waiver authority. Certification.>> Provided further, That the 
Secretary of Defense may waive this restriction on a case-by-case basis 
by certifying in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that it is in the national 
security interest to do so.

    Sec. 8062.  Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of title 32, United 
States Code, may perform duties in support of the ground-based elements 
of the National Ballistic Missile Defense System.
    Sec. 8063.  <<NOTE: Arms and munitions.>> None of the funds provided 
in this Act may be used to transfer to any nongovernmental entity 
ammunition held by the Department of Defense that has a center-fire 
cartridge and a United States military nomenclature designation of 
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing 
incendiary (API)'', or ``armor-piercing incendiary tracer (API-T)'', 
except to an entity performing demilitarization services for the 
Department of Defense under a contract that requires the entity to 
demonstrate to the satisfaction of the Department of Defense that armor 
piercing projectiles are either: (1) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition pursuant 
to a contract with the Department of Defense or the manufacture of 
ammunition for export pursuant to a License for Permanent Export of 
Unclassified Military Articles issued by the Department of State.

    Sec. 8064.  <<NOTE: Waiver authority. Time period.>> Notwithstanding 
any other provision of law, the Chief of the National Guard Bureau, or 
his designee, may waive payment of all or part of the consideration that 
otherwise would be required under section 2667 of title 10, United 
States Code, in the case of a lease of personal property for a period 
not in excess of 1 year to any organization specified in section 508(d)

[[Page 127 STAT. 313]]

of title 32, United States Code, or any other youth, social, or 
fraternal nonprofit organization as may be approved by the Chief of the 
National Guard Bureau, or his designee, on a case-by-case basis.

    Sec. 8065.  <<NOTE: Alcohol and alcoholic beverages.>> None of the 
funds appropriated by this Act shall be used for the support of any 
nonappropriated funds activity of the Department of Defense that 
procures malt beverages and wine with nonappropriated funds for resale 
(including such alcoholic beverages sold by the drink) on a military 
installation located in the United States unless such malt beverages and 
wine are procured within that State, or in the case of the District of 
Columbia, within the District of Columbia, in which the military 
installation is located:  Provided, That in a case in which the military 
installation is located in more than one State, purchases may be made in 
any State in which the installation is <<NOTE: Applicability.>> located: 
 Provided further, That such local procurement requirements for malt 
beverages and wine shall apply to all alcoholic beverages only for 
military installations in States which are not contiguous with another 
State:  Provided further, That alcoholic beverages other than wine and 
malt beverages, in contiguous States and the District of Columbia shall 
be procured from the most competitive source, price and other factors 
considered.

                      (including transfer of funds)

    Sec. 8066.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Army'', $133,381,000 shall remain 
available until expended:  Provided, That notwithstanding any other 
provision of law, the Secretary of Defense is authorized to transfer 
such funds to other activities of the Federal 
Government: <<NOTE: Contracts. Real property.>>   Provided further, That 
the Secretary of Defense is authorized to enter into and carry out 
contracts for the acquisition of real property, construction, personal 
services, and operations related to projects carrying out the purposes 
of this section:  Provided further, That contracts entered into under 
the authority of this section may provide for such indemnification as 
the Secretary determines to be necessary:  Provided further, That 
projects authorized by this section shall comply with applicable 
Federal, State, and local law to the maximum extent consistent with the 
national security, as determined by the Secretary of Defense.

    Sec. 8067.  <<NOTE: Applicability.>> Section 8106 of the Department 
of Defense Appropriations Act, 1997 (titles I through VIII of the matter 
under subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 
U.S.C. 113 note) shall continue in effect to apply to disbursements that 
are made by the Department of Defense in fiscal year 2013.

                      (including transfer of funds)

    Sec. 8068.  During the current fiscal year, not to exceed 
$200,000,000 from funds available under ``Operation and Maintenance, 
Defense-Wide'' may be transferred to the Department of State ``Global 
Security Contingency Fund'':  Provided, That this transfer authority is 
in addition to any other transfer authority available to the Department 
of Defense:  <<NOTE: Deadline. Notification.>> Provided further, That 
the Secretary of Defense shall, not fewer than 30 days prior to making 
transfers to the Department of State ``Global Security Contingency 
Fund'', notify the congressional defense committees

[[Page 127 STAT. 314]]

in writing with the source of funds and a detailed justification, 
execution plan, and timeline for each proposed project.

    Sec. 8069.  In addition to amounts provided elsewhere in this Act, 
$4,000,000 is hereby appropriated to the Department of Defense, to 
remain available for obligation until expended: 
<<NOTE: Determination. Grants. Fisher House Foundation, Inc.>> Provided, 
That notwithstanding any other provision of law, that upon the 
determination of the Secretary of Defense that it shall serve the 
national interest, these funds shall be available only for a grant to 
the Fisher House Foundation, Inc., only for the construction and 
furnishing of additional Fisher Houses to meet the needs of military 
family members when confronted with the illness or hospitalization of an 
eligible military beneficiary.

                      (including transfer of funds)

    Sec. 8070.  <<NOTE: Israel.>> Of the amounts appropriated in this 
Act under the headings ``Procurement, Defense-Wide'' and ``Research, 
Development, Test and Evaluation, Defense-Wide'', $479,736,000 shall be 
for the Israeli Cooperative Programs:  Provided, That of this amount, 
$211,000,000 shall be for the Secretary of Defense to provide to the 
Government of Israel for the procurement of the Iron Dome defense system 
to counter short-range rocket threats, $149,679,000 shall be for the 
Short Range Ballistic Missile Defense (SRBMD) program, including cruise 
missile defense research and development under the SRBMD program, of 
which $39,200,000 shall be for production activities of SRBMD missiles 
in the United States and in Israel to meet Israel's defense requirements 
consistent with each nation's laws, regulations, and procedures, 
$74,692,000 shall be available for an upper-tier component to the 
Israeli Missile Defense Architecture, and $44,365,000 shall be for the 
Arrow System Improvement Program including development of a long range, 
ground and airborne, detection suite:  Provided further, That funds made 
available under this provision for production of missiles and missile 
components may be transferred to appropriations available for the 
procurement of weapons and equipment, to be merged with and to be 
available for the same time period and the same purposes as the 
appropriation to which transferred:  Provided further, That the transfer 
authority provided under this provision is in addition to any other 
transfer authority contained in this Act.

    Sec. 8071. (a) None of the funds available to the Department of 
Defense may be obligated to modify command and control relationships to 
give Fleet Forces Command operational and administrative control of U.S. 
Navy forces assigned to the Pacific fleet.
    (b) None of the funds available to the Department of Defense may be 
obligated to modify command and control relationships to give United 
States Transportation Command operational and administrative control of 
C-130 and KC-135 forces assigned to the Pacific and European Air Force 
Commands.
    (c) The command and control relationships in subsections (a) and (b) 
which existed on March 13, 2011, shall remain in force unless changes 
are specifically authorized in a subsequent Act.
    (d) This subsection does not apply to administrative control of Navy 
Air and Missile Defense Command.

[[Page 127 STAT. 315]]

                      (including transfer of funds)

    Sec. 8072.  Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $372,573,000 shall be 
available until September 30, 2013, to fund prior year shipbuilding cost 
increases:  Provided, That upon enactment of this Act, the Secretary of 
the Navy shall transfer funds to the following appropriations in the 
amounts specified:  Provided further, That the amounts transferred shall 
be merged with and be available for the same purposes as the 
appropriations to which transferred to:
            (1) Under the heading ``Shipbuilding and Conversion, Navy, 
        2007/2013'': LHA Replacement Program $156,685,000;
            (2) Under the heading ``Shipbuilding and Conversion, Navy, 
        2008/2013'': LPD-17 Amphibious Transport Dock Program 
        $80,888,000; and
            (3) Under the heading ``Shipbuilding and Conversion, Navy, 
        2009/2013'': CVN Refueling Overhauls Program $135,000,000.

    Sec. 8073.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are deemed to 
be specifically authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2013 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2013.
    Sec. 8074.  <<NOTE: Notification.>> None of the funds provided in 
this Act shall be available for obligation or expenditure through a 
reprogramming of funds that creates or initiates a new program, project, 
or activity unless such program, project, or activity must be undertaken 
immediately in the interest of national security and only after written 
prior notification to the congressional defense committees.

    Sec. 8075.  <<NOTE: 10 USC 221 note.>> The budget of the President 
for fiscal year 2014 submitted to the Congress pursuant to section 1105 
of title 31, United States Code, shall include separate budget 
justification documents for costs of United States Armed Forces' 
participation in contingency operations for the Military Personnel 
accounts, the Operation and Maintenance accounts, and the Procurement 
accounts:  Provided, That these documents shall include a description of 
the funding requested for each contingency operation, for each military 
service, to include all Active and Reserve components, and for each 
appropriations account:  Provided further, That these documents shall 
include estimated costs for each element of expense or object class, a 
reconciliation of increases and decreases for each contingency 
operation, and programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and estimates of the 
major weapons systems deployed in support of each contingency:  Provided 
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management 
Regulation) for all contingency operations for the budget year and the 
two preceding fiscal years.

    Sec. 8076.  None of the funds in this Act may be used for research, 
development, test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system.
    Sec. 8077.  In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $44,000,000 is hereby appropriated 
to the Department of Defense: 
<<NOTE: Determination. Grants.>> Provided, That upon the determination 
of the Secretary of Defense that it shall serve the

[[Page 127 STAT. 316]]

national interest, he shall make grants in the amounts specified as 
follows: $20,000,000 to the United Service Organizations and $24,000,000 
to the Red Cross.

    Sec. 8078.  <<NOTE: 53rd Weather Reconnaissance Squadron.>> None of 
the funds appropriated or made available in this Act shall be used to 
reduce or disestablish the operation of the 53rd Weather Reconnaissance 
Squadron of the Air Force Reserve, if such action would reduce the WC-
130 Weather Reconnaissance mission below the levels funded in this Act:  
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance 
Squadron to perform other missions in support of national defense 
requirements during the non-hurricane season.

    Sec. 8079.  <<NOTE: Foreign intelligence.>> None of the funds 
provided in this Act shall be available for integration of foreign 
intelligence information unless the information has been lawfully 
collected and processed during the conduct of authorized foreign 
intelligence activities:  Provided, That information pertaining to 
United States persons shall only be handled in accordance with 
protections provided in the Fourth Amendment of the United States 
Constitution as implemented through Executive Order No. 12333.

    Sec. 8080. (a) <<NOTE: Notification. Deployment.>> At the time 
members of reserve components of the Armed Forces are called or ordered 
to active duty under section 12302(a) of title 10, United States Code, 
each member shall be notified in writing of the expected period during 
which the member will be mobilized.

    (b) <<NOTE: Waiver authority. Determination.>> The Secretary of 
Defense may waive the requirements of subsection (a) in any case in 
which the Secretary determines that it is necessary to do so to respond 
to a national security emergency or to meet dire operational 
requirements of the Armed Forces.

                      (including transfer of funds)

    Sec. 8081.  The Secretary of Defense may transfer funds from any 
available Department of the Navy appropriation to any available Navy 
ship construction appropriation for the purpose of liquidating necessary 
changes resulting from inflation, market fluctuations, or rate 
adjustments for any ship construction program appropriated in law:  
Provided, That the Secretary may transfer not to exceed $100,000,000 
under the authority provided by this section:  Provided 
further, <<NOTE: Deadline. Reports.>> That the Secretary may not 
transfer any funds until 30 days after the proposed transfer has been 
reported to the Committees on Appropriations of the House of 
Representatives and the Senate, unless a response from the Committees is 
received sooner:  Provided further, That any funds transferred pursuant 
to this section shall retain the same period of availability as when 
originally appropriated:  Provided further, That the transfer authority 
provided by this section is in addition to any other transfer authority 
contained elsewhere in this Act.

    Sec. 8082.  For purposes of section 7108 of title 41, United States 
Code, any subdivision of appropriations made under the heading 
``Shipbuilding and Conversion, Navy'' that is not closed at the time 
reimbursement is made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the 
current fiscal year or any prior fiscal year.
    Sec. 8083. (a) <<NOTE: Tactical unmanned aerial vehicles.>> None of 
the funds appropriated by this Act may be used to transfer research and 
development, acquisition,

[[Page 127 STAT. 317]]

or other program authority relating to current tactical unmanned aerial 
vehicles (TUAVs) from the Army.

    (b) The Army shall retain responsibility for and operational control 
of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to 
support the Secretary of Defense in matters relating to the employment 
of unmanned aerial vehicles.
    Sec. 8084.  Up to $15,000,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' may be made available for 
the Asia Pacific Regional Initiative Program for the purpose of enabling 
the Pacific Command to execute Theater Security Cooperation activities 
such as humanitarian assistance, and payment of incremental and 
personnel costs of training and exercising with foreign security forces: 
 Provided, That funds made available for this purpose may be used, 
notwithstanding any other funding authorities for humanitarian 
assistance, security assistance or combined exercise expenses:  Provided 
further, That funds may not be obligated to provide assistance to any 
foreign country that is otherwise prohibited from receiving such type of 
assistance under any other provision of law.
    Sec. 8085.  None of the funds appropriated by this Act for programs 
of the Office of the Director of National Intelligence shall remain 
available for obligation beyond the current fiscal year, except for 
funds appropriated for research and technology, which shall remain 
available until September 30, 2014.
    Sec. 8086.  <<NOTE: Applicability.>> For purposes of section 1553(b) 
of title 31, United States Code, any subdivision of appropriations made 
in this Act under the heading ``Shipbuilding and Conversion, Navy'' 
shall be considered to be for the same purpose as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply to the total 
amount of the appropriation.

    Sec. 8087.  <<NOTE: 50 USC 415a-2 note.>> The Director of National 
Intelligence shall include the budget exhibits identified in paragraphs 
(1) and (2) as described in the Department of Defense Financial 
Management Regulation with the congressional budget justification books:
            (1) For procurement programs requesting more than 
        $10,000,000 in any fiscal year, the P-1, Procurement Program; P-
        5, Cost Analysis; P-5a, Procurement History and Planning; P-21, 
        Production Schedule; and P-40, Budget Item Justification.
            (2) For research, development, test and evaluation projects 
        requesting more than $5,000,000 in any fiscal year, the R-1, 
        Research, Development, Test and Evaluation Program; R-2, 
        Research, Development, Test and Evaluation Budget Item 
        Justification; R-3, Research, Development, Test and Evaluation 
        Project Cost Analysis; and R-4, Research, Development, Test and 
        Evaluation Program Schedule Profile.

    Sec. 8088. (a) <<NOTE: Deadline. Reports.>> Not later than 60 days 
after the date of enactment of this Act, the Director of National 
Intelligence shall submit a report to the congressional intelligence 
committees to establish the baseline for application of reprogramming 
and transfer authorities for fiscal year 2013:  Provided, That the 
report shall include--
            (1) a table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;

[[Page 127 STAT. 318]]

            (2) a delineation in the table for each appropriation by 
        Expenditure Center and project; and
            (3) an identification of items of special congressional 
        interest.

    (b) <<NOTE: Certification.>> None of the funds provided for the 
National Intelligence Program in this Act shall be available for 
reprogramming or transfer until the report identified in subsection (a) 
is submitted to the congressional intelligence committees, unless the 
Director of National Intelligence certifies in writing to the 
congressional intelligence committees that such reprogramming or 
transfer is necessary as an emergency requirement.

                      (including transfer of funds)

    Sec. 8089.  <<NOTE: Notification. Deadlines.>> Of the funds 
appropriated in the Intelligence Community Management Account for the 
Program Manager for the Information Sharing Environment, $20,000,000 is 
available for transfer by the Director of National Intelligence to other 
departments and agencies for purposes of Government-wide information 
sharing activities:  Provided, That funds transferred under this 
provision are to be merged with and available for the same purposes and 
time period as the appropriation to which transferred:  Provided 
further, That the Office of Management and Budget must approve any 
transfers made under this provision.

    Sec. 8090. (a) None of the funds provided for the National 
Intelligence Program in this or any prior appropriations Act shall be 
available for obligation or expenditure through a reprogramming or 
transfer of funds in accordance with section 102A(d) of the National 
Security Act of 1947 (50 U.S.C. 403-1(d)) that--
    (1) creates a new start effort;
    (2) terminates a program with appropriated funding of $10,000,000 or 
more;
    (3) transfers funding into or out of the National Intelligence 
Program; or
    (4) transfers funding between appropriations,
unless the congressional intelligence committees are notified 30 days in 
advance of such reprogramming of funds; this notification period may be 
reduced for urgent national security requirements.
    (b) None of the funds provided for the National Intelligence Program 
in this or any prior appropriations Act shall be available for 
obligation or expenditure through a reprogramming or transfer of funds 
in accordance with section 102A(d) of the National Security Act of 1947 
(50 U.S.C. 403-1(d)) that results in a cumulative increase or decrease 
of the levels specified in the classified annex accompanying the Act 
unless the congressional intelligence committees are notified 30 days in 
advance of such reprogramming of funds; this notification period may be 
reduced for urgent national security requirements.
    Sec. 8091.  <<NOTE: Submission. 50 USC 415a-9 note.>> The Director 
of National Intelligence shall submit to Congress each year, at or about 
the time that the President's budget is submitted to Congress that year 
under section 1105(a) of title 31, United States Code, a future-years 
intelligence program (including associated annexes) reflecting the 
estimated expenditures and proposed appropriations included in that 
budget. Any such future-years intelligence program shall cover the 
fiscal year with respect to which the budget is submitted and at least 
the four succeeding fiscal years.

[[Page 127 STAT. 319]]

    Sec. 8092.  <<NOTE: Definition.>> For the purposes of this Act, the 
term ``congressional intelligence committees'' means the Permanent 
Select Committee on Intelligence of the House of Representatives, the 
Select Committee on Intelligence of the Senate, the Subcommittee on 
Defense of the Committee on Appropriations of the House of 
Representatives, and the Subcommittee on Defense of the Committee on 
Appropriations of the Senate.

    Sec. 8093.  <<NOTE: Reports. Deadlines.>> The Department of Defense 
shall continue to report incremental contingency operations costs for 
Operation New Dawn and Operation Enduring Freedom, or any other named 
operations in the U.S. Central Command area of operation on a monthly 
basis in the Cost of War Execution Report as prescribed in the 
Department of Defense Financial Management Regulation Department of 
Defense Instruction 7000.14, Volume 12, Chapter 23 ``Contingency 
Operations'', Annex 1, dated September 2005.

                      (including transfer of funds)

    Sec. 8094.  During the current fiscal year, not to exceed 
$11,000,000 from each of the appropriations made in title II of this Act 
for ``Operation and Maintenance, Army'', ``Operation and Maintenance, 
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred 
by the military department concerned to its central fund established for 
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United 
States Code.

                      (including transfer of funds)

    Sec. 8095.  Funds appropriated by this Act for operation and 
maintenance may be available for the purpose of making remittances to 
the Defense Acquisition Workforce Development Fund in accordance with 
the requirements of section 1705 of title 10, United States Code.
    Sec. 8096. (a) <<NOTE: Web posting. Reports.>> Any agency receiving 
funds made available in this Act, shall, subject to subsections (b) and 
(c), post on the public Web site of that agency any report required to 
be submitted by the Congress in this or any other Act, upon the 
determination by the head of the agency that it shall serve the national 
interest.

    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.

    (c) <<NOTE: Time period.>> The head of the agency posting such 
report shall do so only after such report has been made available to the 
requesting Committee or Committees of Congress for no less than 45 days.

    Sec. 8097. <<NOTE: Contracts.>> (a) None of the funds appropriated 
or otherwise made available by this Act may be expended for any Federal 
contract for an amount in excess of $1,000,000, unless the contractor 
agrees not to--
            (1) enter into any agreement with any of its employees or 
        independent contractors that requires, as a condition of 
        employment, that the employee or independent contractor agree to 
        resolve through arbitration any claim under title VII of the 
        Civil Rights Act of 1964 or any tort related to or arising out 
        of sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention; or

[[Page 127 STAT. 320]]

            (2) take any action to enforce any provision of an existing 
        agreement with an employee or independent contractor that 
        mandates that the employee or independent contractor resolve 
        through arbitration any claim under title VII of the Civil 
        Rights Act of 1964 or any tort related to or arising out of 
        sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention.

    (b) <<NOTE: Certification.>> None of the funds appropriated or 
otherwise made available by this Act may be expended for any Federal 
contract unless the contractor certifies that it requires each covered 
subcontractor to agree not to enter into, and not to take any action to 
enforce any provision of, any agreement as described in paragraphs (1) 
and (2) of subsection (a), with respect to any employee or independent 
contractor performing work related to such subcontract. For purposes of 
this subsection, a ``covered subcontractor'' is an entity that has a 
subcontract in excess of $1,000,000 on a contract subject to subsection 
(a).

    (c) The prohibitions in this section do not apply with respect to a 
contractor's or subcontractor's agreements with employees or independent 
contractors that may not be enforced in a court of the United States.
    (d) <<NOTE: Waiver authority. Determination.>> The Secretary of 
Defense may waive the application of subsection (a) or (b) to a 
particular contractor or subcontractor for the purposes of a particular 
contract or subcontract if the Secretary or the Deputy Secretary 
personally determines that the waiver is necessary to avoid harm to 
national security interests of the United States, and that the term of 
the contract or subcontract is not longer than necessary to avoid such 
harm. The determination shall set forth with specificity the grounds for 
the waiver and for the contract or subcontract term selected, and shall 
state any alternatives considered in lieu of a waiver and the reasons 
each such alternative would not avoid harm to national security 
interests of the United States. <<NOTE: Public 
information. Deadline.>> The Secretary of Defense shall transmit to 
Congress, and simultaneously make public, any determination under this 
subsection not less than 15 business days before the contract or 
subcontract addressed in the determination may be awarded.

    Sec. 8098.  <<NOTE: ACORN.>> None of the funds made available under 
this Act may be distributed to the Association of Community 
Organizations for Reform Now (ACORN) or its subsidiaries.

                      (including transfer of funds)

    Sec. 8099.  From within the funds appropriated for operation and 
maintenance for the Defense Health Program in this Act, up to 
$139,204,000, shall be available for transfer to the Joint Department of 
Defense-Department of Veterans Affairs Medical Facility Demonstration 
Fund in accordance with the provisions of section 1704 of the National 
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:  
Provided, That for purposes of section 1704(b), the facility operations 
funded are operations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Veterans Affairs 
Medical Center, the Navy Ambulatory Care Center, and supporting 
facilities designated as a combined Federal medical facility as 
described by

[[Page 127 STAT. 321]]

section 706 of <<NOTE: Notification.>> Public Law 110-417:  Provided 
further, That additional funds may be transferred from funds 
appropriated for operation and maintenance for the Defense Health 
Program to the Joint Department of Defense-Department of Veterans 
Affairs Medical Facility Demonstration Fund upon written notification by 
the Secretary of Defense to the Committees on Appropriations of the 
House of Representatives and the Senate.

    Sec. 8100.  The Office of the Director of National Intelligence 
shall not employ more Senior Executive employees than are specified in 
the classified annex.
    Sec. 8101.  None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay a retired 
general or flag officer to serve as a senior mentor advising the 
Department of Defense unless such retired officer files a Standard Form 
278 (or successor form concerning public financial disclosure under part 
2634 of title 5, Code of Federal Regulations) to the Office of 
Government Ethics.
    Sec. 8102.  Appropriations available to the Department of Defense 
may be used for the purchase of heavy and light armored vehicles for the 
physical security of personnel or for force protection purposes up to a 
limit of $250,000 per vehicle, notwithstanding price or other 
limitations applicable to the purchase of passenger carrying vehicles.

                      (including transfer of funds)

    Sec. 8103.  There is hereby established in the Treasury of the 
United States the ``Ship Modernization, Operations and Sustainment 
Fund''. There is appropriated $2,382,100,000, for the ``Ship 
Modernization, Operations and Sustainment Fund'', to remain available 
until September 30, 2014:  Provided, That the Secretary of the Navy 
shall transfer funds from the ``Ship Modernization, Operations and 
Sustainment Fund'' to appropriations for military personnel; operation 
and maintenance; research, development, test and evaluation; and 
procurement, only for the purposes of manning, operating, sustaining, 
equipping and modernizing the Ticonderoga-class guided missile cruisers 
CG-63, CG-64, CG-65, CG-66, CG-68, CG-69, CG-73, and the Whidbey Island-
class dock landing ships LSD-41 and LSD-46:  Provided further, That 
funds transferred shall be merged with and be available for the same 
purposes and for the same time period as the appropriation to which they 
are transferred:  Provided further, That the transfer authority provided 
herein shall be in addition to any other transfer authority available to 
the Department of Defense:  <<NOTE: Deadline. Notification.>> Provided 
further, That the Secretary of the Navy shall, not less than 30 days 
prior to making any transfer from the ``Ship Modernization, Operations 
and Sustainment Fund'', notify the congressional defense committees in 
writing of the details of such transfer.

    Sec. 8104.  None of the funds made available by this Act may be used 
by the Secretary of Defense to take beneficial occupancy of more than 
2,500 parking spaces (other than handicap-reserved spaces) to be 
provided by the BRAC 133 project:  <<NOTE: Waiver 
authority. Certification. Time 
periods. Notification. Deadline.>> Provided, That this limitation may be 
waived in part if: (1) the Secretary of Defense certifies to Congress 
that levels of service at existing intersections in the vicinity of the 
project have not experienced failing levels of service as defined by the 
Transportation Research Board Highway

[[Page 127 STAT. 322]]

Capacity Manual over a consecutive 90-day period; (2) the Department of 
Defense and the Virginia Department of Transportation agree on the 
number of additional parking spaces that may be made available to 
employees of the facility subject to continued 90-day traffic 
monitoring; and (3) the Secretary of Defense notifies the congressional 
defense committees in writing at least 14 days prior to exercising this 
waiver of the number of additional parking spaces to be made available.

    Sec. 8105.  <<NOTE: Deadlines. Reports.>> Not later than 120 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall resume quarterly reporting of the numbers of civilian personnel 
end strength by appropriation account for each and every appropriation 
account used to finance Federal civilian personnel salaries to the 
congressional defense committees within 15 days after the end of each 
fiscal quarter.

    Sec. 8106.  None of the funds appropriated in this or any other Act 
may be used to plan, prepare for, or otherwise take any action to 
undertake or implement the separation of the National Intelligence 
Program budget from the Department of Defense budget.

                      (including transfer of funds)

    Sec. 8107.  <<NOTE: Determination.>> Upon a determination by the 
Director of National Intelligence that such action is necessary and in 
the national interest, the Director may, with the approval of the Office 
of Management and Budget, transfer not to exceed $2,000,000,000 of the 
funds made available in this Act for the National Intelligence Program:  
Provided, That such authority to transfer may not be used unless for 
higher priority items, based on unforeseen intelligence requirements, 
than those for which originally appropriated and in no case where the 
item for which funds are requested has been denied by the Congress: 
<<NOTE: Reprogramming request. Deadline.>> Provided further, That a 
request for multiple reprogrammings of funds using authority provided in 
this section shall be made prior to June 30, 2013.

                      (including transfer of funds)

    Sec. 8108.  In addition to amounts provided elsewhere in the Act, 
there is appropriated $270,000,000 for an additional amount for 
``Operation and Maintenance, Defense-Wide'', to be available until 
expended:  <<NOTE: Grants. Contracts.>> Provided, That such funds shall 
only be available to the Secretary of Defense, acting through the Office 
of Economic Adjustment of the Department of Defense, or for transfer to 
the Secretary of Education, notwithstanding any other provision of law, 
to make grants, conclude cooperative agreements, or supplement other 
Federal funds to construct, renovate, repair, or expand elementary and 
secondary public schools on military installations in order to address 
capacity or facility condition deficiencies at such schools: 
<<NOTE: Determination.>> Provided further, That in making such funds 
available, the Office of Economic Adjustment or the Secretary of 
Education shall give priority consideration to those military 
installations with schools having the most serious capacity or facility 
condition deficiencies as determined by the Secretary of Defense:  
Provided further, That funds may not be made available for a school 
unless its enrollment of Department of Defense-connected children is 
greater than 50 percent.

[[Page 127 STAT. 323]]

    Sec. 8109.  <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> None 
of the funds appropriated or otherwise made available in this or any 
other Act may be used to transfer, release, or assist in the transfer or 
release to or within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department of 
        Defense.

    Sec. 8110. <<NOTE: Cuba. Certification. Deadline.>> (a)(1) Except as 
provided in paragraph (2) and subsection (d), none of the funds 
appropriated or otherwise made available in this or any other Act may be 
used to transfer any individual detained at Guantanamo to the custody or 
control of the individual's country of origin, any other foreign 
country, or any other foreign entity unless the Secretary of Defense 
submits to Congress the certification described in subsection (b) not 
later than 30 days before the transfer of the individual.

    (2) Paragraph (1) shall not apply to any action taken by the 
Secretary to transfer any individual detained at Guantanamo to 
effectuate--
            (A) <<NOTE: Notification.>>  an order affecting the 
        disposition of the individual that is issued by a court or 
        competent tribunal of the United States having lawful 
        jurisdiction (which the Secretary shall notify Congress of 
        promptly after issuance); or
            (B) a pre-trial agreement entered in a military commission 
        case prior to the date of the enactment of this Act.

    (b) <<NOTE: Consultation.>> A certification described in this 
subsection is a written certification made by the Secretary of Defense, 
with the concurrence of the Secretary of State and in consultation with 
the Director of National Intelligence, that--
            (1) the government of the foreign country or the recognized 
        leadership of the foreign entity to which the individual 
        detained at Guantanamo is to be transferred--
                    (A) is not a designated state sponsor of terrorism 
                or a designated foreign terrorist organization;
                    (B) maintains control over each detention facility 
                in which the individual is to be detained if the 
                individual is to be housed in a detention facility;
                    (C) is not, as of the date of the certification, 
                facing a threat that is likely to substantially affect 
                its ability to exercise control over the individual;
                    (D) has taken or agreed to take effective actions to 
                ensure that the individual cannot take action to 
                threaten the United States, its citizens, or its allies 
                in the future;
                    (E) has taken or agreed to take such actions as the 
                Secretary of Defense determines are necessary to ensure 
                that the individual cannot engage or re-engage in any 
                terrorist activity; and
                    (F) has agreed to share with the United States any 
                information that--
                          (i) is related to the individual or any 
                      associates of the individual; and
                          (ii) could affect the security of the United 
                      States, its citizens, or its allies; and
            (2) includes an assessment, in classified or unclassified 
        form, of the capacity, willingness, and past practices (if

[[Page 127 STAT. 324]]

        applicable) of the foreign country or entity in relation to the 
        Secretary's certifications.

    (c)(1) Except as provided in paragraph (2) and subsection (d), none 
of the funds appropriated or otherwise made available in this or any 
other Act may be used to transfer any individual detained at Guantanamo 
to the custody or control of the individual's country of origin, any 
other foreign country, or any other foreign entity if there is a 
confirmed case of any individual who was detained at United States Naval 
Station, Guantanamo Bay, Cuba, at any time after September 11, 2001, who 
was transferred to such foreign country or entity and subsequently 
engaged in any terrorist activity.
    (2) Paragraph (1) shall not apply to any action taken by the 
Secretary to transfer any individual detained at Guantanamo to 
effectuate--
            (A) <<NOTE: Notification.>> an order affecting the 
        disposition of the individual that is issued by a court or 
        competent tribunal of the United States having lawful 
        jurisdiction (which the Secretary shall notify Congress of 
        promptly after issuance); or
            (B) a pre-trial agreement entered in a military commission 
        case prior to the date of the enactment of this Act.

    (d)(1) <<NOTE: Waiver authority. Certification. Determination.>> The 
Secretary of Defense may waive the applicability to a detainee transfer 
of a certification requirement specified in subparagraph (D) or (E) of 
subsection (b)(1) or the prohibition in subsection (c), if the Secretary 
certifies the rest of the criteria required by subsection (b) for 
transfers prohibited by (c) and, with the concurrence of the Secretary 
of State and in consultation with the Director of National Intelligence, 
determines that--
            (A) alternative actions will be taken to address the 
        underlying purpose of the requirement or requirements to be 
        waived;
            (B) in the case of a waiver of subparagraph (D) or (E) of 
        subsection (b)(1), it is not possible to certify that the risks 
        addressed in the paragraph to be waived have been completely 
        eliminated, but the actions to be taken under subparagraph (A) 
        will substantially mitigate such risks with regard to the 
        individual to be transferred;
            (C) in the case of a waiver of subsection (c), the Secretary 
        has considered any confirmed case in which an individual who was 
        transferred to the country subsequently engaged in terrorist 
        activity, and the actions to be taken under subparagraph (A) 
        will substantially mitigate the risk of recidivism with regard 
        to the individual to be transferred; and
            (D) the transfer is in the national security interests of 
        the United States.

    (2) <<NOTE: Deadline. Submissions.>> Whenever the Secretary makes a 
determination under paragraph (1), the Secretary shall submit to the 
appropriate committees of Congress, not later than 30 days before the 
transfer of the individual concerned, the following:
            (A) A copy of the determination and the waiver concerned.
            (B) A statement of the basis for the determination, 
        including--
                    (i) an explanation why the transfer is in the 
                national security interests of the United States; and
                    (ii) in the case of a waiver of subparagraph (D) or 
                (E) of subsection (b)(1), an explanation why it is not 
                possible to certify that the risks addressed in the 
                subparagraph to be waived have been completely 
                eliminated.

[[Page 127 STAT. 325]]

            (C) A summary of the alternative actions to be taken to 
        address the underlying purpose of, and to mitigate the risks 
        addressed in, the subparagraph or subsection to be waived.
            (D) The assessment required by subsection (b)(2).

    (e) <<NOTE: Definitions.>> In this section:
            (1) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Appropriations, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Appropriations, and the Permanent Select Committee on 
                Intelligence of the House of Representatives.
            (2) The term ``individual detained at Guantanamo'' means any 
        individual located at United States Naval Station, Guantanamo 
        Bay, Cuba, as of October 1, 2009, who--
                    (A) is not a citizen of the United States or a 
                member of the Armed Forces of the United States; and
                    (B) is--
                          (i) in the custody or under the control of the 
                      Department of Defense; or
                          (ii) otherwise under detention at United 
                      States Naval Station, Guantanamo Bay, Cuba.
            (3) The term ``foreign terrorist organization'' means any 
        organization so designated by the Secretary of State under 
        section 219 of the Immigration and Nationality Act (8 U.S.C. 
        1189).

    Sec. 8111. (a) None of the funds appropriated or otherwise made 
available in this or any other Act may be used to construct, acquire, or 
modify any facility in the United States, its territories, or 
possessions to house any individual described in subsection (c) for the 
purposes of detention or imprisonment in the custody or under the 
effective control of the Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

    Sec. 8112.  <<NOTE: Corporations. Tax 
liability. Determination.>> None of the funds made available by this Act 
may be used to enter into a contract, memorandum of understanding, or 
cooperative agreement with, make a grant to, or provide a loan or loan 
guarantee to, any corporation that has any unpaid Federal tax liability 
that has been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that is not being paid 
in a timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability, where the awarding agency 
is aware of the unpaid tax liability, unless the agency has considered 
suspension or debarment of the corporation and made a determination that 
this further action is not necessary to protect the interests of the 
Government.

[[Page 127 STAT. 326]]

    Sec. 8113.  <<NOTE: Corporations. Criminal 
violation. Determination.>> None of the funds made available by this Act 
may be used to enter into a contract, memorandum of understanding, or 
cooperative agreement with, make a grant to, or provide a loan or loan 
guarantee to, any corporation that was convicted of a felony criminal 
violation under any Federal law within the preceding 24 months, where 
the awarding agency is aware of the conviction, unless the agency has 
considered suspension or debarment of the corporation and made a 
determination that this further action is not necessary to protect the 
interests of the Government.

    Sec. 8114.  None of the funds made available by this Act may be used 
in contravention of section 1590 or 1591 of title 18, United States 
Code, or in contravention of the requirements of section 106(g) or (h) 
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 
(h)).
    Sec. 8115.  <<NOTE: Country listing. Child soldiers.>> None of the 
funds made available by this Act for International Military education 
and training, foreign military financing, excess defense article, 
assistance under section 1206 of the National Defense Authorization Act 
for Fiscal year 2006 (Public Law 109-163; 119 Stat. 3456) issuance for 
direct commercial sales of military equipment, or peacekeeping 
operations for the countries of Chad, Yemen, Somalia, Sudan, the 
Democratic Republic of the Congo, and Burma may be used to support any 
military training or operation that include child soldiers, as defined 
by the Child Soldiers Prevention Act of 2008, and except if such 
assistance is otherwise permitted under section 404 of the Child 
Soldiers Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1).

    Sec. 8116.  None of the funds made available by this Act may be used 
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
    Sec. 8117.  None of the funds made available by this Act may be used 
to retire, divest, realign, or transfer Air Force aircraft, to 
disestablish or convert units associated with such aircraft, or to 
disestablish or convert any other unit of the Air National Guard or Air 
Force Reserve:  Provided, That this section shall not apply to actions 
affecting C-5, C-17, or E-8 aircraft, or the units associated with 
such <<NOTE: Extension date.>> aircraft:  Provided further, That this 
section shall continue in effect through the date of enactment of an Act 
authorizing appropriations for fiscal year 2013 for military activities 
of the Department of Defense.

    Sec. 8118.  The Secretary of the Air Force shall obligate and expend 
funds previously appropriated for the procurement of RQ-4B Global Hawk 
and C-27J Spartan aircraft for the purposes for which such funds were 
originally appropriated.
    Sec. 8119.  It is the Sense of the Senate that the next available 
capital warship of the U.S. Navy be named the USS Ted Stevens to 
recognize the public service achievements, military service sacrifice, 
and undaunted heroism and courage of the long-serving United States 
Senator for Alaska.
    Sec. 8120.  None of the funds made available by this Act shall be 
used to retire C-23 Sherpa aircraft.
    Sec. 8121.  The total amount available in the Act for pay for 
civilian personnel of the Department of Defense for fiscal year 2013 
shall be the amount otherwise appropriated or made available by this Act 
for such pay reduced by $72,718,000.
    Sec. 8122.  <<NOTE: Contracts.>> None of the funds made available by 
this Act may be used to enter into a contract for UH-60 Leak Proof Drip 
Pans

[[Page 127 STAT. 327]]

using procedures other than competitive procedures (as defined in 
section 2302(2) of title 10, United States Code).

    Sec. 8123.  None of the funds appropriated or otherwise made 
available by this Act or any other Act may be used by the Department of 
Defense or a component thereof in contravention of section 1244 of the 
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1646; 22 U.S.C. 5952 note) or any provision of an Act 
authorizing appropriations for the Department of Defense for fiscal year 
2013 relating to sharing classified ballistic missile defense 
information with Russia.
    Sec. 8124.  None of the Operation and Maintenance funds made 
available in this Act may be used in contravention of section 41106 of 
title 49, United States Code.
    Sec. 8125.  None of the funds made available by this Act may be used 
by the Department of Defense or any other Federal agency to lease or 
purchase new light duty vehicles, for any executive fleet, or for an 
agency's fleet inventory, except in accordance with Presidential 
Memorandum-Federal Fleet Performance, dated May 24, 2011.
    Sec. 8126.  None of the funds made available by this Act may be used 
to enter into a contract with any person or other entity listed in the 
Excluded Parties List System (EPLS)/System for Award Management (SAM) as 
having been convicted of fraud against the Federal Government.
    Sec. 8127.  <<NOTE: Rosoboronexport.>> None of the funds made 
available by this Act for the Department of Defense may be used to enter 
into a contract, memorandum of understanding, or cooperative agreement 
with, make a grant to, or provide a loan or loan guarantee to 
Rosoboronexport:  <<NOTE: Waiver. Certification.>>  Provided, That the 
Secretary of Defense may waive this restriction on a case-by-case basis 
by certifying in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that it is in the national 
security interest to do so.

    Sec. 8128.  None of the funds made available by this Act may be used 
by the Secretary of Defense to implement an enrollment fee for the 
TRICARE for Life program under chapter 55 of title 10, United States 
Code, that does not exist as of the date of the enactment of this Act.
    Sec. 8129. (a) Requirement To Continue Provision of Tuition 
Assistance for Members of the Armed Forces.--The Secretaries of the 
military departments shall carry out tuition assistance programs for 
members of the Armed Forces during the remainder of fiscal year 2013 
using amounts specified in subsection (b).
    (b) Amounts.--The minimum amount used by the Secretary of a military 
department for tuition assistance for members of an Armed Force under 
the jurisdiction of that Secretary pursuant to subsection (a) shall be 
not less than--
            (1) the amount appropriated or otherwise made available by 
        this Act for tuition assistance programs for members of that 
        Armed Force, minus
            (2) an amount that is not more than the percentage of the 
        reduction required to the Operation and Maintenance account for 
        that Armed Force for fiscal year 2013 by the budget sequester 
        required by section 251A of the Balanced Budget and Emergency 
        Deficit Control Act of 1985.

[[Page 127 STAT. 328]]

                                TITLE IX

                     OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$9,790,082,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$774,225,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$1,425,156,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                      Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,286,783,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                         Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$156,893,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                         Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$39,335,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                     Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$24,722,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War

[[Page 127 STAT. 329]]

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$25,348,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$583,804,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                   National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $10,473,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$28,452,018,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$5,839,934,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $4,116,340,000:  Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $9,249,736,000:  Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/

[[Page 127 STAT. 330]]

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,714,079,000:  Provided, That of the funds provided under this 
heading, not to exceed $1,650,000,000, to remain available until 
September 30, 2014, shall be for payments to reimburse key cooperating 
nations for logistical, military, and other support, including access, 
provided to United States military operations in support of Operation 
Enduring Freedom, and post-operation Iraq border security related to the 
activities of the Office of Security Cooperation in Iraq, 
notwithstanding any other provision of law:  Provided 
further, <<NOTE: Consultation. Determination. Time 
period. Notification.>> That such reimbursement payments may be made in 
such amounts as the Secretary of Defense, with the concurrence of the 
Secretary of State, and in consultation with the Director of the Office 
of Management and Budget, may determine, in his discretion, based on 
documentation determined by the Secretary of Defense to adequately 
account for the support provided, and such determination is final and 
conclusive upon the accounting officers of the United States, and 15 
days following notification to the appropriate congressional committees: 
 Provided further, That the requirement under this heading to provide 
notification to the appropriate congressional committees shall not apply 
with respect to a reimbursement for access based on an international 
agreement:  Provided further, <<NOTE: Notification. Time period.>> That 
these funds may be used for the purpose of providing specialized 
training and procuring supplies and specialized equipment and providing 
such supplies and loaning such equipment on a non-reimbursable basis to 
coalition forces supporting United States military operations in 
Afghanistan, and 15 days following notification to the appropriate 
congressional committees:  Provided 
further, <<NOTE: Deadlines. Reports.>> That the Secretary of Defense 
shall provide quarterly reports to the congressional defense committees 
on the use of funds provided in this paragraph:  Provided further, That 
such amount in this section is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                 Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $157,887,000:  Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $55,924,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

[[Page 127 STAT. 331]]

             Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $25,477,000:  Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $60,618,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $392,448,000:  Provided, That such amount is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

              Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $34,500,000:  Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

              Overseas Contingency Operations Transfer Fund

                      (including transfer of funds)

    In addition to amounts provided elsewhere in this Act, there is 
appropriated $582,884,000 for the ``Overseas Contingency Operations 
Transfer Fund'' for expenses directly relating to overseas contingency 
operations by United States military forces, to be available until 
expended:  Provided, That of the funds made available in this section, 
the Secretary of Defense may transfer these funds only to military 
personnel accounts, operation and maintenance accounts, procurement 
accounts, and working capital fund accounts:  Provided further, That the 
funds made available in this paragraph may only be used for programs, 
projects, or activities categorized as Overseas Contingency Operations 
in the fiscal year 2013 budget request for the Department of Defense and 
the justification material and other documentation supporting such 
request:  Provided further, That the funds transferred shall be merged 
with and shall be available for the same purposes and for the same time 
period, as the appropriation to which 
transferred: <<NOTE: Notification. Deadline.>>   Provided further, That 
the Secretary shall notify the congressional defense committees 15 days 
prior to such transfer:  Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority available to the Department of 
Defense: <<NOTE: Determination.>>   Provided further, That upon a 
determination that all or part of the funds

[[Page 127 STAT. 332]]

transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation and shall be available for the same purposes and for the 
same time period as originally appropriated:  Provided further, That 
such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     Afghanistan Infrastructure Fund

                      (including transfer of funds)

    For the ``Afghanistan Infrastructure Fund'', $325,000,000, to remain 
available until September 30, 2014:  Provided, That such funds shall be 
available to the Secretary of Defense for infrastructure projects in 
Afghanistan, notwithstanding any other provision of law, which shall be 
undertaken by the Secretary of State, unless the Secretary of State and 
the Secretary of Defense jointly decide that a specific project will be 
undertaken by the Department of Defense:  Provided further, That the 
infrastructure referred to in the preceding proviso is in support of the 
counterinsurgency strategy, which may require funding for facility and 
infrastructure projects, including, but not limited to, water, power, 
and transportation projects and related maintenance and sustainment 
costs:  Provided further, That the authority to undertake such 
infrastructure projects is in addition to any other authority to provide 
assistance to foreign nations:  Provided further, That any projects 
funded under this heading shall be jointly formulated and concurred in 
by the Secretary of State and Secretary of Defense:  Provided further, 
That funds may be transferred to the Department of State for purposes of 
undertaking projects, which funds shall be considered to be economic 
assistance under the Foreign Assistance Act of 1961 for purposes of 
making available the administrative authorities contained in that Act:  
Provided further, That the transfer authority in the preceding proviso 
is in addition to any other authority available to the Department of 
Defense to transfer funds:  Provided 
further, <<NOTE: Determination.>> That any unexpended funds transferred 
to the Secretary of State under this authority shall be returned to the 
Afghanistan Infrastructure Fund if the Secretary of State, in 
coordination with the Secretary of Defense, determines that the project 
cannot be implemented for any reason, or that the project no longer 
supports the counterinsurgency strategy in Afghanistan:  Provided 
further, That any funds returned to the Secretary of Defense under the 
previous proviso shall be available for use under this appropriation and 
shall be treated in the same manner as funds not transferred to the 
Secretary of State:  Provided further, That contributions of funds for 
the purposes provided herein to the Secretary of State in accordance 
with section 635(d) of the Foreign Assistance Act from any person, 
foreign government, or international organization may be credited to 
this Fund, to remain available until expended, and used for such 
purposes: <<NOTE: Deadline. Notification.>>  Provided further, That the 
Secretary of Defense shall, not fewer than 15 days prior to making 
transfers to or from, or obligations from the Fund, notify the 
appropriate committees of Congress in writing of the details of any such 
transfer:  Provided further, That the ``appropriate committees of 
Congress'' are the Committees on Armed

[[Page 127 STAT. 333]]

Services, Foreign Relations and Appropriations of the Senate and the 
Committees on Armed Services, Foreign Affairs and Appropriations of the 
House of Representatives:  Provided further, That such amount is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                    Afghanistan Security Forces Fund

    For the ``Afghanistan Security Forces Fund'', $5,124,167,000, to 
remain available until September 30, 2014:  Provided, That such funds 
shall be available to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Commander, 
Combined Security Transition Command--Afghanistan, or the Secretary's 
designee, to provide assistance, with the concurrence of the Secretary 
of State, to the security forces of Afghanistan, including the provision 
of equipment, supplies, services, training, facility and infrastructure 
repair, renovation, and construction, and funding:  Provided further, 
That the authority to provide assistance under this heading is in 
addition to any other authority to provide assistance to foreign 
nations:  Provided further, That contributions of funds for the purposes 
provided herein from any person, foreign government, or international 
organization may be credited to this Fund, to remain available until 
expended, and used for such purposes: <<NOTE: Notification.>>  Provided 
further, That the Secretary of Defense shall notify the congressional 
defense committees in writing upon the receipt and upon the obligation 
of any contribution, delineating the sources and amounts of the funds 
received and the specific use of such 
contributions: <<NOTE: Deadline. Notification.>>  Provided further, That 
the Secretary of Defense shall, not fewer than 15 days prior to 
obligating from this appropriation account, notify the congressional 
defense committees in writing of the details of any such 
obligation: <<NOTE: Notification.>>   Provided further, That the 
Secretary of Defense shall notify the congressional defense committees 
of any proposed new projects or transfer of funds between budget sub-
activity groups in excess of $20,000,000:  Provided further, That such 
amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                               PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$550,700,000, to remain available until September 30, 2015:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$67,951,000, to remain available until September 30, 2015:  Provided, 
That such amount is designated by the Congress for Overseas

[[Page 127 STAT. 334]]

Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $15,422,000, to remain available until 
September 30, 2015:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$338,493,000, to remain available until September 30, 2015:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                         Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$1,740,157,000, to remain available until September 30, 2015:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$215,698,000, to remain available until September 30, 2015:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$22,500,000, to remain available until September 30, 2015:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $283,059,000, to remain available until September 30, 
2015:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

[[Page 127 STAT. 335]]

                         Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$98,882,000, to remain available until September 30, 2015:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$822,054,000, to remain available until September 30, 2015:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$305,600,000, to remain available until September 30, 2015:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$34,350,000, to remain available until September 30, 2015:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $116,203,000, to remain available until September 30, 2015:  
Provided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$2,680,270,000, to remain available until September 30, 2015:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$188,099,000, to remain available until September 30, 2015:  Provided, 
That such amount is designated by the Congress for Overseas

[[Page 127 STAT. 336]]

Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons and other procurement for the reserve 
components of the Armed Forces, $1,500,000,000, to remain available for 
obligation until September 30, 2015: <<NOTE: Deadline. Assessment.>>   
Provided, That the Chiefs of National Guard and Reserve components 
shall, not later than 30 days after the enactment of this Act, 
individually submit to the congressional defense committees the 
modernization priority assessment for their respective National Guard or 
Reserve component:  Provided further, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $29,660,000, to remain available until September 30, 
2014:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $52,519,000, to remain available until September 30, 
2014:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

          Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $53,150,000, to remain available until 
September 30, 2014:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $112,387,000, to remain available until 
September 30, 2014:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

[[Page 127 STAT. 337]]

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$243,600,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$993,898,000, which shall be for operation and maintenance:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

         Drug Interdiction and Counter-Drug Activities, Defense

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $469,025,000, to remain available until September 
30, 2014:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

              Joint Improvised Explosive Device Defeat Fund

                      (including transfer of funds)

    For the ``Joint Improvised Explosive Device Defeat Fund'', 
$1,622,614,000, to remain available until September 30, 2015:  Provided, 
That such funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, for the purpose of allowing 
the Director of the Joint Improvised Explosive Device Defeat 
Organization to investigate, develop and provide equipment, supplies, 
services, training, facilities, personnel and funds to assist United 
States forces in the defeat of improvised explosive devices:  Provided 
further, That the Secretary of Defense may transfer funds provided 
herein to appropriations for military personnel; operation and 
maintenance; procurement; research, development, test and evaluation; 
and defense working capital funds to accomplish the purpose provided 
herein:  Provided further, That this transfer authority is in addition 
to any other transfer authority available to the Department of 
Defense: <<NOTE: Deadline. Notification.>>   Provided further, That the 
Secretary of Defense shall, not fewer than 15 days prior to making 
transfers from this appropriation, notify the congressional defense 
committees in writing of the details of any such transfer:  Provided 
further, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

[[Page 127 STAT. 338]]

                     Office of the Inspector General

    For an additional amount for the ``Office of the Inspector 
General'', $10,766,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 9001.  Notwithstanding any other provision of law, funds made 
available in this title are in addition to amounts appropriated or 
otherwise made available for the Department of Defense for fiscal year 
2013.

                      (including transfer of funds)

    Sec. 9002.  Upon <<NOTE: Determination.>> the determination of the 
Secretary of Defense that such action is necessary in the national 
interest, the Secretary may, with the approval of the Office of 
Management and Budget, transfer up to $3,500,000,000 between the 
appropriations or funds made available to the Department of Defense in 
this <<NOTE: Notification.>> title:  Provided, That the Secretary shall 
notify the Congress promptly of each transfer made pursuant to the 
authority in this section:  Provided further, That the authority 
provided in this section is in addition to any other transfer authority 
available to the Department of Defense and is subject to the same terms 
and conditions as the authority provided in the Department of Defense 
Appropriations Act, 2013.

    Sec. 9003.  Supervision and administration costs associated with a 
construction project funded with appropriations available for operation 
and maintenance, ``Afghanistan Infrastructure Fund'', or the 
``Afghanistan Security Forces Fund'' provided in this Act and executed 
in direct support of overseas contingency operations in Afghanistan, may 
be obligated at the time a construction contract is awarded:  Provided, 
That for the purpose of this section, supervision and administration 
costs include all in-house Government costs.
    Sec. 9004.  From funds made available in this title, the Secretary 
of Defense may purchase for use by military and civilian employees of 
the Department of Defense in the U.S. Central Command area of 
responsibility: (a) passenger motor vehicles up to a limit of $75,000 
per vehicle; and (b) heavy and light armored vehicles for the physical 
security of personnel or for force protection purposes up to a limit of 
$250,000 per vehicle, notwithstanding price or other limitations 
applicable to the purchase of passenger carrying vehicles.
    Sec. 9005.  Not <<NOTE: Deadlines.>> to exceed $200,000,000 of the 
amount appropriated in this title under the heading ``Operation and 
Maintenance, Army'' may be used, notwithstanding any other provision of 
law, to fund the Commander's Emergency Response Program (CERP), for the 
purpose of enabling military commanders in Afghanistan to respond to 
urgent, small-scale, humanitarian relief and reconstruction requirements 
within their areas of responsibility:  Provided, That each project 
(including any ancillary or related elements in connection with such 
project) executed under this authority shall not exceed $20,000,000:  
Provided <<NOTE: Reports.>>  further, That not later than 45 days after 
the end of each fiscal year quarter, the

[[Page 127 STAT. 339]]

Secretary of Defense shall submit to the congressional defense 
committees a report regarding the source of funds and the allocation and 
use of funds during that quarter that were made available pursuant to 
the authority provided in this section or under any other provision of 
law for the purposes described <<NOTE: Data Submmissions.>> herein:  
Provided further, That, not later than 30 days after the end of each 
month, the Army shall submit to the congressional defense committees 
monthly commitment, obligation, and expenditure data for the Commander's 
Emergency Response Program 
in <<NOTE: Deadline. Notification.>> Afghanistan:  Provided further, 
That not less than 15 days before making funds available pursuant to the 
authority provided in this section or under any other provision of law 
for the purposes described herein for a project with a total anticipated 
cost for completion of $5,000,000 or more, the Secretary shall submit to 
the congressional defense committees a written notice containing each of 
the following:
            (1) The location, nature and purpose of the proposed 
        project, including how the project is intended to advance the 
        military campaign plan for the country in which it is to be 
        carried out.
            (2) The budget, implementation timeline with milestones, and 
        completion date for the proposed project, including any other 
        CERP funding that has been or is anticipated to be contributed 
        to the completion of the project.
            (3) A <<NOTE: Plans.>> plan for the sustainment of the 
        proposed project, including the agreement with either the host 
        nation, a non-Department of Defense agency of the United States 
        Government or a third-party contributor to finance the 
        sustainment of the activities and maintenance of any equipment 
        or facilities to be provided through the proposed project.

    Sec. 9006.  Funds available to the Department of Defense for 
operation and maintenance may be used, notwithstanding any other 
provision of law, to provide supplies, services, transportation, 
including airlift and sealift, and other logistical support to coalition 
forces supporting military and stability operations in Afghanistan:  
Provided, That <<NOTE: Deadlines. Reports.>>  the Secretary of Defense 
shall provide quarterly reports to the congressional defense committees 
regarding support provided under this section.

    Sec. 9007.  None <<NOTE: Iraq. Afghanistan.>>  of the funds 
appropriated or otherwise made available by this or any other Act shall 
be obligated or expended by the United States Government for a purpose 
as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control over any oil resource 
        of Iraq.
            (3) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Afghanistan.

    Sec. 9008.  None of the funds made available in this Act may be used 
in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at 
New York on December 10, 1984):
            (1) Section 2340A of title 18, United States Code.
            (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 105-277; 112 
        Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed

[[Page 127 STAT. 340]]

        thereto, including regulations under part 208 of title 8, Code 
        of Federal Regulations, and part 95 of title 22, Code of Federal 
        Regulations.
            (3) Sections 1002 and 1003 of the Department of Defense, 
        Emergency Supplemental Appropriations to Address Hurricanes in 
        the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 
        109-148).

    Sec. 9009.  None of the funds provided for the ``Afghanistan 
Security Forces Fund'' (ASFF) may be obligated prior to the approval of 
a financial and activity plan by the Afghanistan Resources Oversight 
Council (AROC) of the Department of Defense:  Provided, That the AROC 
must approve the requirement and acquisition plan for any service 
requirements in excess of $50,000,000 annually and any non-standard 
equipment requirements in excess of $100,000,000 using ASFF:  Provided 
further, That the AROC must approve all projects and the execution plan 
under the ``Afghanistan Infrastructure Fund'' (AIF) and any project in 
excess of $5,000,000 from the Commanders Emergency Response Program 
(CERP):  Provided further, That <<NOTE: Certification.>> the Department 
of Defense must certify to the congressional defense committees that the 
AROC has convened and approved a process for ensuring compliance with 
the requirements in the preceding provisos and accompanying report 
language for the ASFF, AIF, and CERP.

    Sec. 9010.  Funds made available in this title to the Department of 
Defense for operation and maintenance may be used to purchase items 
having an investment unit cost of not more than $250,000:  Provided, 
That, <<NOTE: Determination.>> upon determination by the Secretary of 
Defense that such action is necessary to meet the operational 
requirements of a Commander of a Combatant Command engaged in 
contingency operations overseas, such funds may be used to purchase 
items having an investment item unit cost of not more than $500,000.

    Sec. 9011.  Notwithstanding any other provision of law, up to 
$93,000,000 of funds made available in this title under the heading 
``Operation and Maintenance, Army'' may be obligated and expended for 
purposes of the Task Force for Business and Stability Operations, 
subject to the direction and control of the Secretary of Defense, with 
concurrence of the Secretary of State, to carry out strategic business 
and economic assistance activities in Afghanistan in support of 
Operation Enduring <<NOTE: Deadline. Notification.>>  Freedom:  
Provided, That not less than 15 days before making funds available 
pursuant to the authority provided in this section for any project with 
a total anticipated cost of $5,000,000 or more, the Secretary shall 
submit to the congressional defense committees a written notice 
containing a detailed justification and timeline for each proposed 
project.

    Sec. 9012.  From funds made available to the Department of Defense 
in this title under the heading ``Operation and Maintenance, Air Force'' 
up to $508,000,000 may be used by the Secretary of Defense, 
notwithstanding any other provision of law, to support United States 
Government transition activities in Iraq by funding the operations and 
activities of the Office of Security Cooperation in Iraq and security 
assistance teams, including life support, transportation and personal 
security, and facilities renovation and construction:  Provided, That to 
the extent authorized under the National Defense Authorization Act for 
Fiscal Year 2013, the operations and activities that may be carried out 
by the Office of Security Cooperation in Iraq may, with the concurrence 
of the

[[Page 127 STAT. 341]]

Secretary of State, include non-operational training activities in 
support of Iraqi Ministry of Defense and Counter Terrorism Service 
personnel in an institutional environment to address capability gaps, 
integrate processes relating to intelligence, air sovereignty, combined 
arms, logistics and maintenance, and to manage and integrate defense-
related <<NOTE: Deadline. Plans.>> institutions:  Provided further, That 
not later than 30 days following the enactment of this Act, the 
Secretary of Defense and the Secretary of State shall submit to the 
congressional defense committees a plan for transitioning any such 
training activities that they determine are needed after the end of 
fiscal year 2013, to existing or new contracts for the sale of defense 
articles or defense services consistent with the provisions of the Arms 
Export Control Act (22 U.S.C. 2751 <<NOTE: Deadline. Notification.>> et 
seq.):  Provided further, That not less than 15 days before making funds 
available pursuant to the authority provided in this section, the 
Secretary of Defense shall submit to the congressional defense 
committees a written notification containing a detailed justification 
and timeline for the operations and activities of the Office of Security 
Cooperation in Iraq at each site where such operations and activities 
will be conducted during fiscal year 2013.

                              (rescissions)

    Sec. 9013.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:  Provided, 
That such amounts are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985:
            ``Retroactive Stop Loss Special Pay Program, 2009/XXXX'', 
        $127,200,000;
            ``Afghanistan Security Forces Fund, 2012/2013'', 
        $1,000,000,000;
            ``Other Procurement, Army, 2012/2014'', $207,600,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 2012/
        2014'', $32,176,000;
            ``Procurement, Marine Corps, 2012/2014'', $2,776,000;
            ``Mine Resistant Ambush Protected Vehicle Fund, 2012/2013'', 
        $400,000,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2012/2013'', $50,000,000;
            ``Joint Improvised Explosive Device Defeat Fund, 2012/
        2014'', $40,300,000.

    Sec. 9014. (a) <<NOTE: Pakistan. Certification.>> None of the funds 
appropriated or otherwise made available by this Act under the heading 
``Operation and Maintenance, Defense-Wide'' for payments under section 
1233 of Public Law 110-181 for reimbursement to the Government of 
Pakistan may be made available unless the Secretary of Defense, in 
coordination with the Secretary of State, certifies to the Committees on 
Appropriations that the Government of Pakistan is--
            (1) cooperating with the United States in counterterrorism 
        efforts against the Haqqani Network, the Quetta Shura Taliban, 
        Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other 
        domestic and foreign terrorist organizations, including taking 
        steps to end support for such groups and prevent them from

[[Page 127 STAT. 342]]

        basing and operating in Pakistan and carrying out cross border 
        attacks into neighboring countries;
            (2) not supporting terrorist activities against United 
        States or coalition forces in Afghanistan, and Pakistan's 
        military and intelligence agencies are not intervening extra-
        judicially into political and judicial processes in Pakistan;
            (3) dismantling improvised explosive device (IED) networks 
        and interdicting precursor chemicals used in the manufacture of 
        IEDs;
            (4) preventing the proliferation of nuclear-related material 
        and expertise;
            (5) issuing visas in a timely manner for United States 
        visitors engaged in counterterrorism efforts and assistance 
        programs in Pakistan; and
            (6) providing humanitarian organizations access to 
        detainees, internally displaced persons, and other Pakistani 
        civilians affected by the conflict.

    (b) The <<NOTE: Waiver authority.>>  Secretary of Defense, in 
coordination with the Secretary of State, may waive the restriction in 
paragraph (a) on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest 
to <<NOTE: Reports.>> do so:  Provided, That if the Secretary of 
Defense, in coordination with the Secretary of State, exercises the 
authority of the previous proviso, the Secretaries shall report to the 
Committees on Appropriations on both the justification for the waiver 
and on the requirements of this section that the Government of Pakistan 
was not able to meet:  Provided further, That such report may be 
submitted in classified form if necessary.

     This division may be cited as the ``Department of Defense 
Appropriations Act, 2013''.

 DIVISION D <<NOTE: Department of Homeland Security Appropriations Act, 
2013.>> --DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2013

     The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of Homeland 
Security for the fiscal year ending September 30, 2013, and for other 
purposes, namely:

                                 TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

                         Departmental Operations

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $130,000,000:  Provided, That 
not to exceed $45,000 shall be for official reception and representation 
expenses:  Provided further, That all official costs associated with the 
use of government aircraft by Department of Homeland Security personnel 
to support official travel of the Secretary and the Deputy Secretary 
shall be paid

[[Page 127 STAT. 343]]

from amounts made available for the Immediate Office of the Secretary 
and the Immediate Office of the Deputy <<NOTE: Deadline. Expenditure 
plan.>> Secretary:  Provided further, That the Secretary shall submit to 
the Committees on Appropriations of the Senate and the House of 
Representatives, not later than 90 days after the date of enactment of 
this Act, expenditure plans for the Office of Policy, the Office for 
Intergovernmental Affairs, the Office for Civil Rights and Civil 
Liberties, the Citizenship and Immigration Services Ombudsman, and the 
Privacy Officer.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701 through 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 341 through 345), $218,511,000, of which 
not to exceed $2,250 shall be for official reception and representation 
expenses:  Provided, That of the total amount made available under this 
heading, $5,448,000 shall remain available until September 30, 2017, 
solely for the alteration and improvement of facilities, tenant 
improvements, and relocation costs to consolidate Department 
headquarters operations at the Nebraska Avenue Complex; and $9,680,000 
shall remain available until September 30, 2015, for the Human Resources 
Information Technology program:  Provided further, 
That <<NOTE: Reports. Deadline.>>  the Under Secretary for Management 
shall, pursuant to the requirements contained in House Report 112-331, 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives with the President's budget proposal for fiscal year 
2014, submitted pursuant to the requirements of section 1105(a) of title 
31, United States Code, a Comprehensive Acquisition Status Report, which 
shall include the information required under the heading ``Office of the 
Under Secretary for Management'' under title I of division D of the 
Consolidated Appropriations Act, 2012 (Public Law 112-74), and quarterly 
updates to such report not later than 45 days after the completion of 
each quarter.

                  Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial Officer, 
as authorized by section 103 of the Homeland Security Act of 2002 (6 
U.S.C. 113), $51,500,000, of which $5,000,000 shall remain available 
until September 30, 2014, for financial systems modernization efforts.

                 Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$243,732,000; of which $118,000,000 shall be available for salaries and 
expenses; and of which $125,732,000, to remain available until September 
30, 2015, shall be available for development and acquisition of 
information technology equipment, software, services, and related 
activities for the Department of Homeland Security:  Provided, 
That <<NOTE: Deadline. Plans.>> the Department of Homeland Security 
Chief Information Officer shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, at the 
time that the President's budget is submitted each year under section

[[Page 127 STAT. 344]]

1105(a) of title 31, United States Code, a multi-year investment and 
management plan, to include each of fiscal years 2013 through 2016, for 
all information technology acquisition projects funded under this 
heading or funded by multiple components of the Department of Homeland 
Security through reimbursable agreements, that includes--
            (1) the proposed appropriations included for each project 
        and activity tied to mission requirements, program management 
        capabilities, performance levels, and specific capabilities and 
        services to be delivered;
            (2) the total estimated cost and projected timeline of 
        completion for all multi-year enhancements, modernizations, and 
        new capabilities that are proposed in such budget or underway;
            (3) a detailed accounting of operations and maintenance and 
        contractor services costs; and
            (4) a current acquisition program baseline for each project, 
        that--
                    (A) notes and explains any deviations in cost, 
                performance parameters, schedule, or estimated date of 
                completion from the original acquisition program 
                baseline;
                    (B) aligns the acquisition programs covered by the 
                baseline to mission requirements by defining existing 
                capabilities, identifying known capability gaps between 
                such existing capabilities and stated mission 
                requirements, and explaining how each increment will 
                address such known capability gaps; and
                    (C) defines life-cycle costs for such programs.

                         Analysis and Operations

    For necessary expenses for intelligence analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $322,280,000; of which not 
to exceed $3,825 shall be for official reception and representation 
expenses; and of which $94,359,000 shall remain available until 
September 30, 2014.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $121,164,000, of which not to exceed $300,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General.

                                TITLE II

                SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                          salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, agricultural inspections and regulatory 
activities related to plant and animal imports, and

[[Page 127 STAT. 345]]

transportation of unaccompanied minor aliens; purchase and lease of up 
to 7,500 (6,500 for replacement only) police-type vehicles; and 
contracting with individuals for personal services abroad; 
$8,293,351,000; of which $3,274,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and 
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 
(6 U.S.C. 551(e)(1)); of which not to exceed $34,425 shall be for 
official reception and representation expenses; of which such sums as 
become available in the Customs User Fee Account, except sums subject to 
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; 
of which not to exceed $150,000 shall be available for payment for 
rental space in connection with preclearance operations; and of which 
not to exceed $1,000,000 shall be for awards of compensation to 
informants, to be accounted for solely under the certificate of the 
Secretary of Homeland Security:  Provided, That for fiscal year 2013, 
the overtime limitation prescribed in section 5(c)(1) of the Act of 
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and 
notwithstanding any other provision of law, none of the funds 
appropriated by this Act shall be available to compensate any employee 
of U.S. Customs and Border Protection for overtime, from whatever 
source, in an amount that exceeds such limitation, except in individual 
cases determined by the Secretary of Homeland Security, or the designee 
of the Secretary, to be necessary for national security purposes, to 
prevent excessive costs, or in cases of immigration emergencies:  
Provided further, That the Border Patrol shall maintain an active duty 
presence of not less than 21,370 full-time equivalent agents protecting 
the borders of the United States in the fiscal year.

                        automation modernization

    For necessary expenses for U.S. Customs and Border Protection for 
operation and improvement of automated systems, including salaries and 
expenses, $719,866,000; of which $325,526,000 shall remain available 
until September 30, 2015; and of which not less than $138,794,000 shall 
be for the development of the Automated Commercial Environment.

         border security fencing, infrastructure, and technology

    For expenses for border security fencing, infrastructure, and 
technology, $324,099,000, to remain available until September 30, 2015.

                        air and marine operations

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft systems, and 
other related equipment of the air and marine program, including 
salaries and expenses and operational training and mission-related 
travel, the operations of which include the following: the interdiction 
of narcotics and other goods; the provision of support to Federal, 
State, and local agencies in the enforcement or administration of laws 
enforced by the Department of Homeland

[[Page 127 STAT. 346]]

Security; and, at the discretion of the Secretary of Homeland Security, 
the provision of assistance to Federal, State, and local agencies in 
other law enforcement and emergency humanitarian efforts; $799,006,000; 
of which $283,570,000 shall be available for salaries and expenses; and 
of which $515,436,000 shall remain available 
until <<NOTE: Notification.>> September 30, 2015:  Provided, That no 
aircraft or other related equipment, with the exception of aircraft that 
are one of a kind and have been identified as excess to U.S. Customs and 
Border Protection requirements and aircraft that have been damaged 
beyond repair, shall be transferred to any other Federal agency, 
department, or office outside of the Department of Homeland Security 
during fiscal year 2013 without prior notice to the Committees on 
Appropriations of the Senate and the House of Representatives:  Provided 
further, That the Secretary of <<NOTE: Reports. Deadline.>> Homeland 
Security shall report to the Committees on Appropriations of the Senate 
and the House of Representatives, not later than 90 days after the date 
of enactment of this Act, on any changes to the 5-year strategic plan 
for the air and marine program required under this heading in Public Law 
112-74.

                 construction and facilities management

    For necessary expenses to plan, acquire, construct, renovate, equip, 
furnish, operate, manage, and maintain buildings, facilities, and 
related infrastructure necessary for the administration and enforcement 
of the laws relating to customs, immigration, and border security, 
$233,563,000, to remain available until September 30, 2017:  Provided, 
That the <<NOTE: Deadline. Inventory. Plans.>>  Commissioner of U.S. 
Customs and Border Protection shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, at the 
time that the President's budget proposal is submitted pursuant to the 
requirements of section 1105(a) of title 31, United States Code, an 
inventory of the real property of U.S. Customs and Border Protection and 
a plan for each activity and project proposed for funding under this 
heading that includes the full cost by fiscal year of each activity and 
project proposed and underway in fiscal year 2014.

                U.S. Immigration and Customs Enforcement

                          salaries and expenses

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations, including overseas 
vetted units operations; and purchase and lease of up to 3,790 (2,350 
for replacement only) police-type vehicles; $5,394,402,000; of which not 
to exceed $10,000,000 shall be available until expended for conducting 
special operations under section 3131 of the Customs Enforcement Act of 
1986 (19 U.S.C. 2081); of which not to exceed $11,475 shall be for 
official reception and representation expenses; of which not to exceed 
$2,000,000 shall be for awards of compensation to informants, to be 
accounted for solely under the certificate of the Secretary of Homeland 
Security; of which not less than $305,000 shall be for promotion of 
public awareness of the child pornography tipline and activities to 
counter child exploitation; of which not less than $5,400,000 shall be 
used to facilitate agreements consistent with section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 1357(g)); and of which

[[Page 127 STAT. 347]]

not to exceed $11,216,000 shall be available to fund or reimburse other 
Federal agencies for the costs associated with the care, maintenance, 
and repatriation of smuggled aliens unlawfully present in 
the <<NOTE: Waiver authority.>> United States:  Provided, That none of 
the funds made available under this heading shall be available to 
compensate any employee for overtime in an annual amount in excess of 
$35,000, except that the Secretary of Homeland Security, or the designee 
of the Secretary, may waive that amount as necessary for national 
security purposes and in cases of immigration emergencies:  Provided 
further, That of the total amount provided, $15,770,000 shall be for 
activities to enforce laws against forced child labor, of which not to 
exceed $6,000,000 shall remain available until expended:  Provided 
further, That of the total amount available, not less than 
$1,600,000,000 shall be available to identify aliens convicted of a 
crime who may be deportable, and to remove them from the United States 
once they are judged deportable, of which $138,249,000 shall be for 
completion of Secure Communities deployment:  Provided further, That the 
Assistant <<NOTE: Reports. Deadlines.>>  Secretary of Homeland Security 
for U.S. Immigration and Customs Enforcement shall report to the 
Committees on Appropriations of the Senate and the House of 
Representatives, not later than 45 days after the end of each quarter of 
the fiscal year, on progress in implementing the preceding proviso and 
the funds obligated during that quarter to make <<NOTE: Aliens.>> such 
progress:  Provided further, That the Secretary of Homeland Security 
shall prioritize the identification and removal of aliens convicted of a 
crime by the severity of <<NOTE: Detention beds.>>  that crime:  
Provided further, That funding made available under this heading shall 
maintain a level of not less than 34,000 detention beds through 
September 30, 2013:  Provided further, That of the total amount 
provided, not less than $2,753,610,000 is for detention and removal 
operations, including transportation of unaccompanied minor aliens:  
Provided further, That of the total amount provided, $10,300,000 shall 
remain available until September 30, 2014, for the Visa Security 
Program:  Provided further, That not less than $10,000,000 shall be 
available for investigation of intellectual property rights violations, 
including operation of the National Intellectual Property Rights 
Coordination <<NOTE: Determination.>> Center:  Provided further, That 
none of the funds provided under this heading may be used to continue a 
delegation of law enforcement authority authorized under section 287(g) 
of the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the 
Department of Homeland Security Inspector General determines that the 
terms of the agreement governing the delegation of authority 
have <<NOTE: Contracts.>> been violated:  Provided further, That none of 
the funds provided under this heading may be used to continue any 
contract for the provision of detention services if the two most recent 
overall performance evaluations received by the contracted facility are 
less than ``adequate'' or the equivalent median score in any subsequent 
performance evaluation system:  Provided further, That nothing under 
this heading shall prevent U.S. Immigration and Customs Enforcement from 
exercising those authorities provided under immigration laws (as defined 
in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))) during priority operations pertaining to aliens convicted 
of a crime.

[[Page 127 STAT. 348]]

                        automation modernization

                      (including transfer of funds)

    For expenses of immigration and customs enforcement automated 
systems, $33,500,000, to remain available until September 30, 2015:  
Provided, That of the total amount provided, up to $1,000,000 may be 
transferred to the Department of Justice Executive Office of Immigration 
Review to improve case management and electronic communication with U.S. 
Immigration and Customs Enforcement:  Provided further, That 
no <<NOTE: Deadline. Notification.>> transfer described in the previous 
proviso shall occur until 15 days after the Committees on Appropriations 
of the Senate and the House of Representatives are notified of such 
transfer.

                              construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, $5,000,000, 
to remain available until September 30, 2016.

                 Transportation Security Administration

                            aviation security

    For necessary expenses of the Transportation Security Administration 
related to providing civil aviation security services pursuant to the 
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 
597; 49 U.S.C. 40101 note), $5,052,620,000, to remain available until 
September 30, 2014, of which not to exceed $7,650 shall be for official 
reception and <<NOTE: Explosives detection systems.>> representation 
expenses:  Provided, That of the total amount made available under this 
heading, not to exceed $3,975,517,000 shall be for screening operations, 
of which $408,930,000 shall be available for explosives detection 
systems; $115,204,000 shall be for checkpoint support; and not to exceed 
$1,077,103,000 shall be for aviation security direction and enforcement: 
 Provided further, That of the amount made available in the preceding 
proviso for explosives detection systems, $99,930,000 shall be available 
for the purchase and installation of these systems:  Provided further, 
That any award to deploy explosives detection systems shall be based on 
risk, the airport's current reliance on other screening solutions, lobby 
congestion resulting in increased security concerns, high injury rates, 
airport readiness, and increased cost effectiveness:  Provided further, 
That <<NOTE: Fees.>> security service fees authorized under section 
44940 of title 49, United States Code, shall be credited to this 
appropriation as offsetting collections and shall be available only for 
aviation security:  Provided further, That the sum appropriated under 
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal 
year 2013 so as to result in a final fiscal year appropriation from the 
general fund estimated at not more than $2,982,620,000:  Provided 
further, That any security service fees collected in excess of the 
amount made available under this heading shall become available during 
fiscal year 2014:  Provided further, That notwithstanding section 44923 
of title 49, United States Code, for fiscal year 2013, any funds in the 
Aviation Security Capital Fund established by section 44923(h) of title 
49,

[[Page 127 STAT. 349]]

United States Code, may be used for the procurement and installation of 
explosives detection systems or for the issuance of other transaction 
agreements for the purpose of funding projects described in section 
44923(a) of such title:  Provided further, That none of the funds made 
available in this Act may be used for any recruiting or hiring of 
personnel into the Transportation Security Administration that would 
cause the agency to exceed a staffing level of 46,000 full-time 
equivalent screeners:  Provided further, That the preceding proviso 
shall not apply to personnel hired as part-time employees:  Provided 
further, That <<NOTE: Deadline. Reports.>> not later than 90 days after 
the date of enactment of this Act, the Secretary of Homeland Security 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a detailed report on--
            (1) the Department of Homeland Security efforts and 
        resources being devoted to develop more advanced integrated 
        passenger screening technologies for the most effective security 
        of passengers and baggage at the lowest possible operating and 
        acquisition costs;
            (2) how the Transportation Security Administration is 
        deploying its existing passenger and baggage screener workforce 
        in the most cost effective manner; and
            (3) labor savings from the deployment of improved 
        technologies for passenger and baggage screening and how those 
        savings are being used to offset security costs or reinvested to 
        address security vulnerabilities:

  Provided further, That 
the <<NOTE: Deadline. Procedures. Determination. Notification. 49 USC 
44903 note.>> Administrator of the Transportation Security 
Administration shall, within 270 days of the date of enactment of this 
Act, establish procedures allowing members of cabin flight crews of air 
carriers to participate in the Known Crewmember pilot program, unless 
the Administrator determines that meeting the requirement within this 
timeline is not practicable and informs the Committees on Appropriations 
of the Senate and House of Representatives of the basis for that 
determination and the new timeline for implementing the requirement:  
Provided further, That Members of the United States House of 
Representatives and United States Senate, including the leadership; the 
heads of Federal agencies and commissions, including the Secretary, 
Deputy Secretary, Under Secretaries, and Assistant Secretaries of the 
Department of Homeland Security; the United States Attorney General, 
Deputy Attorney General, Assistant Attorneys General, and the United 
States Attorneys; and senior members of the Executive Office of the 
President, including the Director of the Office of Management and 
Budget, shall not be exempt from Federal passenger and baggage 
screening.

                     surface transportation security

    For necessary expenses of the Transportation Security Administration 
related to surface transportation security activities, $124,418,000, to 
remain available until September 30, 2014.

           transportation threat assessment and credentialing

    For necessary expenses for the development and implementation of 
screening programs of the Office of Transportation Threat Assessment and 
Credentialing, $192,424,000, to remain available until September 30, 
2014.

[[Page 127 STAT. 350]]

                     transportation security support

    For necessary expenses of the Transportation Security Administration 
related to transportation security support and intelligence pursuant to 
the Aviation and Transportation Security Act (Public Law 107-71; 115 
Stat. 597; 49 U.S.C. 40101 note), $954,277,000, to remain available 
until <<NOTE: Expenditure plans.>> September 30, 2014:  Provided, That 
of the funds appropriated under this heading, $20,000,000 may not be 
obligated for headquarters administration until the Administrator of the 
Transportation Security Administration submits to the Committees on 
Appropriations of the Senate and the House of Representatives detailed 
expenditure plans for air cargo security, checkpoint support, and 
explosives detection systems refurbishment, procurement, and 
installations on an airport-by-airport basis for fiscal year 2013: 
<<NOTE: Deadline.>> Provided further, That these plans shall be 
submitted not later than 60 days after the date of enactment of this 
Act.

                          federal air marshals

    For necessary expenses of the Federal Air Marshal Service, 
$907,757,000:  Provided, That the <<NOTE: Deadline. Plans.>> Director of 
the Federal Air Marshal Service shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives not later 
than 45 days after the date of enactment of this Act a detailed, 
classified expenditure and staffing plan for ensuring optimal coverage 
of high risk flights.

                               Coast Guard

                           operating expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement only; 
purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of no more than $700,000) and repairs and 
service-life replacements, not to exceed a total of $31,000,000; 
purchase or lease of boats necessary for overseas deployments and 
activities; minor shore construction projects not exceeding $1,000,000 
in total cost on any location; payments pursuant to section 156 of 
Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation 
and welfare; $7,074,782,000; of which $594,000,000 shall be for defense-
related activities, of which $254,000,000 is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985; of which $24,500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and 
of which not to exceed $15,300 shall be for official reception and 
representation expenses:  Provided, That none of the funds made 
available by this Act shall be for expenses incurred for recreational 
vessels under section 12114 of title 46, United States Code, except to 
the extent fees are collected from owners of yachts and credited to this 
appropriation:  Provided further, That of the funds provided under this 
heading, $75,000,000 shall be withheld from obligation for Coast Guard 
Headquarters Directorates

[[Page 127 STAT. 351]]

until a revised future-years capital investment plan for fiscal years 
2014 through 2018, as specified under the heading Coast Guard 
``Acquisition, Construction, and Improvements'' of this Act is submitted 
to the Committees on Appropriations of the Senate and the House of 
Representatives:  Provided further, That funds made available under this 
heading for Overseas Contingency Operations/Global War on Terrorism may 
be allocated by program, project, and activity, notwithstanding section 
503 of this Act.

                environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance and 
restoration functions of the Coast Guard under chapter 19 of title 14, 
United States Code, $13,151,000, to remain available until September 30, 
2017.

                            reserve training

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the Coast Guard reserve program; 
personnel and training costs; and equipment and services; $132,528,000.

               acquisition, construction, and improvements

    For necessary expenses of acquisition, construction, renovation, and 
improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment; as 
authorized by law; $1,545,393,000; of which $20,000,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)); of which $10,000,000 shall remain available until September 
30, 2017, for military family housing, of which not more than $6,828,691 
shall be derived from the Coast Guard Housing Fund established pursuant 
to 14 U.S.C. 687; of which $1,082,800,000 shall be available until 
September 30, 2017, to acquire, effect major repairs to, renovate, or 
improve vessels, small boats, and related equipment; of which 
$190,500,000 shall be available until September 30, 2017, to acquire, 
effect major repairs to, renovate, or improve aircraft or increase 
aviation capability; of which $64,000,000 shall be available until 
September 30, 2017, for other acquisition programs; of which $84,411,000 
shall be available until September 30, 2017, for shore facilities and 
aids to navigation, including waterfront facilities at Navy 
installations used by the Coast Guard; of which $113,682,000 shall be 
available for personnel compensation and 
benefits <<NOTE: Contracts.>> and related costs:  Provided, That the 
funds provided by this Act shall be immediately available and allotted 
to contract for the production of the sixth National Security Cutter 
notwithstanding the availability of funds for post-production costs:  
Provided further, That the funds <<NOTE: Contracts.>> provided by this 
Act shall be immediately available and allotted to contract for long 
lead time materials, components, and designs for the seventh National 
Security Cutter notwithstanding the availability of funds for production 
costs or post-production <<NOTE: Deadline. Investment plan. 14 USC 663 
note.>>  costs:  Provided further, That the Commandant of the Coast 
Guard shall submit to the Committees on Appropriations of the Senate and 
the House of

[[Page 127 STAT. 352]]

Representatives, at the time that the President's budget is submitted 
each year under section 1105(a) of title 31, United States Code, a 
future-years capital investment plan for the Coast Guard that identifies 
for each requested capital asset--
            (1) the proposed appropriations included in that budget;
            (2) the total estimated cost of completion, including and 
        clearly delineating the costs of associated major acquisition 
        systems infrastructure and transition to operations;
            (3) projected funding levels for each fiscal year for the 
        next 5 fiscal years or until acquisition program baseline or 
        project completion, whichever is earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) a current acquisition program baseline for each capital 
        asset, as applicable, that--
                    (A) includes the total acquisition cost of each 
                asset, subdivided by fiscal year and including a 
                detailed description of the purpose of the proposed 
                funding levels for each fiscal year, including for each 
                fiscal year funds requested for design, pre-acquisition 
                activities, production, structural modifications, 
                missionization, post-delivery, and transition to 
                operations costs;
                    (B) includes a detailed project schedule through 
                completion, subdivided by fiscal year, that details--
                          (i) quantities planned for each fiscal year; 
                      and
                          (ii) major acquisition and project events, 
                      including development of operational requirements, 
                      contracting actions, design reviews, production, 
                      delivery, test and evaluation, and transition to 
                      operations, including necessary training, shore 
                      infrastructure, and logistics;
                    (C) notes and explains any deviations in cost, 
                performance parameters, schedule, or estimated date of 
                completion from the original acquisition program 
                baseline and the most recent baseline approved by the 
                Department of Homeland Security's Acquisition Review 
                Board, if applicable;
                    (D) aligns the acquisition of each asset to mission 
                requirements by defining existing capabilities of 
                comparable legacy assets, identifying known capability 
                gaps between such existing capabilities and stated 
                mission requirements, and explaining how the acquisition 
                of each asset will address such known capability gaps;
                    (E) defines life-cycle costs for each asset and the 
                date of the estimate on which such costs are based, 
                including all associated costs of major acquisitions 
                systems infrastructure and transition to operations, 
                delineated by purpose and fiscal year for the projected 
                service life of the asset;
                    (F) includes the earned value management system 
                summary schedule performance index and cost performance 
                index for each asset, if applicable; and
                    (G) includes a phase-out and decommissioning 
                schedule delineated by fiscal year for each existing 
                legacy asset that each asset is intended to replace or 
                recapitalize:

  Provided further, That the Commandant of the Coast Guard shall ensure 
that amounts specified in the future-years capital investment plan are 
consistent, to the maximum extent practicable, with proposed 
appropriations necessary to support the programs, projects,

[[Page 127 STAT. 353]]

and activities of the Coast Guard in the President's budget as submitted 
under section 1105(a) of title 31, United States Code, for that fiscal 
year:  Provided further, That any inconsistencies between the capital 
investment plan and proposed appropriations shall be identified 
and <<NOTE: Applicability.>> justified:  Provided further, That 
subsections (a) and (b) of section 6402 of Public Law 110-28 shall apply 
with respect to the amounts made available under this heading.

               research, development, test, and evaluation

    For necessary expenses for applied scientific research, development, 
test, and evaluation; and for maintenance, rehabilitation, lease, and 
operation of facilities and equipment; as authorized by law; 
$19,690,000, to remain available until September 30, 2017, of which 
$500,000 shall be derived from the Oil Spill Liability Trust Fund to 
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 
1990 (33 U.S.C. 2712(a)(5)):  Provided, That there may be credited to 
and used for the purposes of this appropriation funds received from 
State and local governments, other public authorities, private sources, 
and foreign countries for expenses incurred for research, development, 
testing, and evaluation.

                               retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under the 
Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization 
Act, and payments for medical care of retired personnel and their 
dependents under chapter 55 of title 10, United States Code, 
$1,423,000,000, to remain available until expended.

                      United States Secret Service

                          salaries and expenses

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 652 vehicles for police-type use for 
replacement only; hire of passenger motor vehicles; purchase of 
motorcycles made in the United States; hire of aircraft; services of 
expert witnesses at such rates as may be determined by the Director of 
the Secret Service; rental of buildings in the District of Columbia, and 
fencing, lighting, guard booths, and other facilities on private or 
other property not in Government ownership or control, as may be 
necessary to perform protective functions; payment of per diem or 
subsistence allowances to employees in cases in which a protective 
assignment on the actual day or days of the visit of a protectee 
requires an employee to work 16 hours per day or to remain overnight at 
a post of duty; conduct of and participation in firearms matches; 
presentation of awards; travel of United States Secret Service employees 
on protective missions without regard to the limitations on such 
expenditures in this or any other Act if approval is obtained in advance 
from the Committees on Appropriations of the Senate and the House of 
Representatives; research and development; grants to conduct behavioral 
research in support of protective research and operations;

[[Page 127 STAT. 354]]

and payment in advance for commercial accommodations as may be necessary 
to perform protective functions; $1,555,913,000; of which not to exceed 
$19,125 shall be for official reception and representation expenses; of 
which not to exceed $100,000 shall be to provide technical assistance 
and equipment to foreign law enforcement organizations in counterfeit 
investigations; of which $2,366,000 shall be for forensic and related 
support of investigations of missing and exploited children; of which 
$6,000,000 shall be for a grant for activities related to investigations 
of missing and exploited children and shall remain available until 
September 30, 2014; and of which $4,000,000 shall be for activities 
related to training in electronic crimes investigations and forensics:  
Provided, That up to $18,000,000 for protective travel shall remain 
available until September 30, 2014:  Provided further, That $4,500,000 
for National Special Security Events shall remain available until 
September 30, 2014:  Provided further, That the United States Secret 
Service is authorized to obligate funds in anticipation of 
reimbursements from Federal agencies and entities, as defined in section 
105 of title 5, United States Code, for personnel receiving training 
sponsored by the James J. Rowley Training Center, except that total 
obligations at the end of the fiscal year shall not exceed total 
budgetary resources available under this heading at the end of the 
fiscal year:  Provided further, That <<NOTE: Waiver authority.>> none of 
the funds made available under this heading shall be available to 
compensate any employee for overtime in an annual amount in excess of 
$35,000, except that the Secretary of Homeland Security, or the designee 
of the Secretary, may waive that amount as necessary for national 
security purposes:  Provided further, That none of the funds made 
available to the United States Secret Service by this Act or by previous 
appropriations Acts may be made available for the protection of the head 
of a Federal agency other than the Secretary of Homeland Security:  
Provided further, That the Director of the United States Secret Service 
may enter into an agreement to provide such protection on a 
fully <<NOTE: Notification. Deadline.>> reimbursable basis:  Provided 
further, That none of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
obligated for the purpose of opening a new permanent domestic or 
overseas office or location unless the Committees on Appropriations of 
the Senate and the House of Representatives are notified 15 days in 
advance of such obligation:  Provided further, That for purposes of 
section 503(b) of this Act, $15,000,000 or 10 percent, whichever is 
less, may be transferred between ``Protection of persons and 
facilities'' and ``Domestic field operations''.

      acquisition, construction, improvements, and related expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of physical and technological 
infrastructure, $56,750,000; of which $4,430,000, to remain available 
until September 30, 2017, shall be for acquisition, construction, 
improvement, and maintenance of facilities; and of which $52,320,000, to 
remain available until September 30, 2015, shall be for information 
integration and technology transformation execution:  Provided, That the 
Director <<NOTE: Deadline. Plans.>> of the United States Secret Service 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives at the time that the President's

[[Page 127 STAT. 355]]

budget proposal for fiscal year 2014 is submitted pursuant to the 
requirements of section 1105(a) of title 31, United States Code, a 
multi-year investment and management plan for its Information 
Integration and Technology Transformation program that describes funding 
for the current fiscal year and the following 3 fiscal years, with 
associated plans for systems acquisition and technology deployment.

                                TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                      management and administration

    For salaries and expenses of the Office of the Under Secretary for 
the National Protection and Programs Directorate, support for 
operations, and information technology, $50,220,000:  Provided, That not 
to exceed $3,825 shall be for official reception and representation 
expenses.

           infrastructure protection and information security

    For necessary expenses for infrastructure protection and information 
security programs and activities, as authorized by title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $1,157,529,000, of 
which $200,000,000, shall remain available until September 30, 2014:  
Provided, That <<NOTE: Expenditure plan. Deadline.>> of the total amount 
provided for the ``Infrastructure security compliance'' program, 
project, and activity, $20,000,000 shall not be available for obligation 
until the Under Secretary for the National Protection and Programs 
Directorate submits to the Committees on Appropriations of the Senate 
and the House of Representatives an expenditure plan for the Chemical 
Facility Anti-Terrorism Standards program that includes the number of 
facilities covered by the program, inspectors on-board, inspections 
pending, and inspections projected to be completed by September 30, 
2013.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses related 
to the protection of federally owned and leased buildings and for the 
operations <<NOTE: Certification. Deadline.>>  of the Federal Protective 
Service:  Provided, That the Secretary of Homeland Security and the 
Director of the Office of Management and Budget shall certify in writing 
to the Committees on Appropriations of the Senate and the House of 
Representatives not later than May 1, 2013, that the operations of the 
Federal Protective Service will be fully funded in fiscal year 2013 
through revenues and collection of security fees, and shall adjust the 
fees to ensure fee collections are sufficient to ensure that the Federal 
Protective Service maintains not fewer than 1,371 full-time equivalent 
staff and 1,007 full-time equivalent Police Officers, Inspectors, Area 
Commanders, and Special Agents who, while working, are directly engaged 
on a daily basis protecting and enforcing laws at Federal buildings 
(referred to as ``in-service field staff''):  Provided further, That 
the <<NOTE: Strategic plan.>>  Director of the Federal

[[Page 127 STAT. 356]]

Protective Service shall include with the submission of the President's 
fiscal year 2014 budget a strategic human capital plan that aligns fee 
collections to personnel requirements based on a current threat 
assessment.

                 office of biometric identity management

    For necessary expenses for the Office of Biometric Identity 
Management, as authorized by section 7208 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), $232,422,000:  
Provided, That of the total amount made available under this heading, 
$113,956,000 shall remain available until September 30, 2015:  Provided 
further, That the Secretary <<NOTE: Deadline. Expenditure plan.>> of 
Homeland Security shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives, not later than 60 days 
after the date of enactment of this Act, an expenditure plan for the 
Office of Biometric Identity Management: 
<<NOTE: Deadline. Plans.>> Provided further, That the Secretary shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives at the time the President's budget is submitted each 
year under section 1105(a) of title 31, United States Code, a multi-year 
investment and management plan for the Office of Biometric Identity 
Management program, to include each fiscal year starting with the 
current fiscal year and the 3 subsequent fiscal years, that provides--
            (1) the proposed appropriation for each activity tied to 
        mission requirements and outcomes, program management 
        capabilities, performance levels, and specific capabilities and 
        services to be delivered, noting any deviations in cost or 
        performance from the prior fiscal years expenditure or 
        investment and management plan for United States Visitor and 
        Immigrant Status Indicator Technology;
            (2) the total estimated cost, projected funding by fiscal 
        year, and projected timeline of completion for all enhancements, 
        modernizations, and new capabilities proposed in such budget and 
        underway, including and clearly delineating associated efforts 
        and funds requested by other agencies within the Department of 
        Homeland Security and in the Federal Government and detailing 
        any deviations in cost, performance, schedule, or estimated date 
        of completion provided in the prior fiscal years expenditure or 
        investment and management plan for United States Visitor and 
        Immigrant Status Indicator Technology; and
            (3) a detailed accounting of operations and maintenance, 
        contractor services, and program costs associated with the 
        management of identity services:

  Provided further, That amounts obligated under Public Law 112-175 for 
National Protection and Programs Directorate, ``United States Visitor 
and Immigrant Status Indicator Technology'' shall be charged to the 
appropriate successor account of the following: National Protection and 
Programs Directorate, ``Office of Biometric Identity Management''; U.S. 
Customs and Border Protection, ``Salaries and Expenses''; or U.S. 
Immigration and Customs Enforcement, ``Salaries and Expenses''.

                        Office of Health Affairs

    For necessary expenses of the Office of Health Affairs, 
$132,499,000; of which $26,702,000 is for salaries and expenses;

[[Page 127 STAT. 357]]

and of which $85,390,000 is for BioWatch operations:  Provided, That of 
the amount made available under this heading, $20,407,000 shall remain 
available until September 30, 2014, for biosurveillance, chemical 
defense, medical and health planning and coordination, and workforce 
health protection:  Provided further, That not to exceed $2,250 shall be 
for official reception and representation expenses.

                   Federal Emergency Management Agency

                          salaries and expenses

    For necessary expenses of the Federal Emergency Management Agency, 
$973,118,000, including activities authorized by the National Flood 
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114 
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 
et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et 
seq.), sections 107 and 303 of the National Security Act of 1947 (50 
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the 
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53), 
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et 
seq.), the Post-Katrina Emergency Management Reform Act of 2006 (Public 
Law 109-295; 120 Stat. 1394), and the Biggert-Waters Flood Insurance 
Reform Act of 2012 (Public Law 112-141, 126 Stat. 917):  Provided, That 
not to exceed $2,250 shall be for official reception and representation 
expenses:  <<NOTE: Disaster evacuation. West Virginia. Pennsylvania. 6 
USC 462 note.>> Provided further, That for fiscal year 2013 and 
thereafter, for purposes of planning, coordination, execution, and 
decision making related to mass evacuation during a disaster, the 
Governors of the State of West Virginia and the Commonwealth of 
Pennsylvania, or their designees, shall be incorporated into efforts to 
integrate the activities of Federal, State, and local governments in the 
National Capital Region, as defined in section 882 of the Homeland 
Security Act of 2002 (Public Law 107-296):  Provided further, That of 
the total amount made available under this heading, $35,180,000 shall be 
for the Urban Search and Rescue Response System, of which none is 
available for Federal Emergency Management Agency administrative costs:  
Provided further, That of the total amount made available under this 
heading, $22,000,000 shall remain available until September 30, 2014, 
for capital improvements and other expenses related to continuity of 
operations at the Mount Weather Emergency Operations Center:  Provided 
further, That of the total amount made available under this heading, 
$5,000,000 shall remain available until September 30, 2014, for expenses 
related to modernization of automated systems: 
<<NOTE: Consultation. Expenditure plan.>> Provided further, That the 
Administrator of the Federal Emergency Management Agency, in 
consultation with the Department of Homeland Security Chief Information 
Officer, shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives an expenditure plan including results 
to date, plans for the program, and a list of projects with associated 
funding provided from prior appropriations and provided by this Act for 
modernization of automated systems.

[[Page 127 STAT. 358]]

                        state and local programs

    For grants contracts, cooperative agreements, and other activities, 
$1,466,082,000, which shall be allocated as follows:
            (1) Not less than $346,600,000 shall be for the State 
        Homeland Security Grant Program under section 2004 of the 
        Homeland Security Act of 2002 (6 U.S.C. 605), of which not less 
        than $46,600,000 shall be for <<NOTE: Puerto Rico.>> Operation 
        Stonegarden:  Provided, That notwithstanding subsection (c)(4) 
        of such section 2004, for fiscal year 2013, the Commonwealth of 
        Puerto Rico shall make available to local and tribal governments 
        amounts provided to the Commonwealth of Puerto Rico under this 
        paragraph in accordance with subsection (c)(1) of such section 
        2004.
            (2) Not less than $500,376,000 shall be for the Urban Area 
        Security Initiative under section 2003 of the Homeland Security 
        Act of 2002 (6 U.S.C. 604), of which not less than $10,000,000 
        shall be for organizations (as described under section 501(c)(3) 
        of the Internal Revenue Code of 1986 and exempt from tax section 
        501(a) of such code) determined by the Secretary of Homeland 
        Security to be at high risk of a terrorist attack.
            (3) Not less than $97,500,000 shall be for Public 
        Transportation Security Assistance and Railroad Security 
        Assistance under sections 1406 and 1513 of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (Public Law 
        110-53; 6 U.S.C. 1135 and 1163), of which not less than 
        $10,000,000 shall be for Amtrak security:  <<NOTE: Security 
        assistance.>> Provided, That such public transportation security 
        assistance shall be provided directly to public transportation 
        agencies.
            (4) Not less than $97,500,000 shall be for Port Security 
        Grants in accordance with 46 U.S.C. 70107.
            (5) Notwithstanding section 503 of this Act, $188,932,000 
        shall be distributed, according to threat, vulnerability, and 
        consequence, at the discretion of the Secretary of Homeland 
        Security based on the following authorities:
                    (A) The State Homeland Security Grant Program under 
                section 2004 of the Homeland Security Act of 2002 (6 
                U.S.C. 605):  Provided, <<NOTE: Puerto Rico.>> That 
                notwithstanding subsection (c)(4) of such section 2004, 
                for fiscal year 2013, the Commonwealth of Puerto Rico 
                shall make available to local and tribal governments 
                amounts provided to the Commonwealth of Puerto Rico 
                under this paragraph in accordance with subsection 
                (c)(1) of such section 2004.
                    (B) Operation Stonegarden.
                    (C) The Urban Area Security Initiative under section 
                2003 of the Homeland Security Act of 2002 (6 U.S.C. 
                604).
                    (D) Organizations (as described under section 
                501(c)(3) of the Internal Revenue Code of 1986 and 
                exempt from tax section 501(a) of such code) determined 
                by the Secretary of Homeland Security to be at high risk 
                of a terrorist attack.
                    (E) Public Transportation Security Assistance and 
                Railroad Security Assistance, under sections 1406 and 
                1513 of the Implementing Recommendations of the 9/11 
                Commission Act of 2007 (6 U.S.C. 1135 and 1163), 
                including <<NOTE: Security assistance.>> Amtrak 
                security:  Provided, That such public transportation

[[Page 127 STAT. 359]]

                security assistance shall be provided directly to public 
                transportation agencies.
                    (F) Port Security Grants in accordance with 46 
                U.S.C. 70107.
                    (G) Over-the-Road Bus Security Assistance under 
                section 1532 of the Implementing Recommendations of the 
                9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 
                1182).
                    (H) The Metropolitan Medical Response System under 
                section 635 of the Post-Katrina Emergency Management 
                Reform Act of 2006 (6 U.S.C. 723).
                    (I) The Citizen Corps Program.
                    (J) The Driver's License Security Grants Program in 
                accordance with section 204 of the REAL ID Act of 2005 
                (49 U.S.C. 30301 note).
                    (K) The Interoperable Emergency Communications Grant 
                Program under section 1809 of the Homeland Security Act 
                of 2002 (6 U.S.C. 579).
                    (L) Emergency Operations Centers under section 614 
                of the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5196c).
                    (M) The Buffer Zone Protection Program Grants.
                    (N) Regional Catastrophic Preparedness Grants.
            (6) $235,174,000 shall be to sustain current operations for 
        training, exercises, technical assistance, and other programs, 
        of which $157,991,000 shall be for training of State, local, and 
        tribal emergency response providers:

  Provided, <<NOTE: Grants. Deadlines.>> That for grants under 
paragraphs (1) through (5), applications for grants shall be made 
available to eligible applicants not later than 60 days after the date 
of enactment of this Act, that eligible applicants shall submit 
applications not later than 80 days after the grant announcement, and 
the Administrator of the Federal Emergency Management Agency shall act 
within 65 days after the receipt of an application:  Provided further, 
That notwithstanding section 2008(a)(11) of the Homeland Security Act of 
2002 (6 U.S.C. 609(a)(11)), or any other provision of law, a grantee may 
not use more than 5 percent of the amount of a grant made available 
under this heading for expenses directly related to administration of 
the grant:  Provided further, That for grants under paragraphs (1) and 
(2), the installation of communications towers is not considered 
construction of a building or 
other <<NOTE: Reports. Determination.>> physical facility:  Provided 
further, That grantees shall provide reports on their use of funds, as 
determined necessary by the Secretary of Homeland Security:  Provided 
further, That <<NOTE: 6 USC 763a.>>  in fiscal year 2013 and thereafter: 
(a) the Center for Domestic Preparedness may provide training to 
emergency response providers from the Federal Government, foreign 
governments, or private entities, if the Center for Domestic 
Preparedness is reimbursed for the cost of such training, and any 
reimbursement under this subsection shall be credited to the account 
from which the expenditure being reimbursed was made and shall be 
available, without fiscal year limitation, for the purposes for which 
amounts in the account may be expended; (b) the head of the Center for 
Domestic Preparedness shall ensure that any training provided under (a) 
does not interfere with the primary mission of the Center to train State 
and local emergency response providers; and (c) subject to (b), nothing 
in (a) prohibits the Center for Domestic Preparedness from providing 
training to

[[Page 127 STAT. 360]]

employees of the Federal Emergency Management Agency in existing 
chemical, biological, radiological, nuclear, explosives, mass casualty, 
and medical surge courses pursuant to 5 U.S.C. 4103 without 
reimbursement for the cost of such training.

                      firefighter assistance grants

    For grants for programs authorized by the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2201 et seq.), $675,000,000, to 
remain available until September 30, 2014, of which $337,500,000 shall 
be available to carry out section 33 of that Act (15 U.S.C. 2229) and 
$337,500,000 shall be available to carry out section 34 of that Act (15 
U.S.C. 2229a).

                 emergency management performance grants

    For emergency management performance grants, as authorized by the 
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. 
App.), $350,000,000.

               radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2013, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security necessary for 
its radiological emergency preparedness program for the next 
fiscal <<NOTE: Fees.>> year:  Provided, That the methodology for 
assessment and collection of fees shall be fair and equitable and shall 
reflect costs of providing such services, including administrative costs 
of collecting such <<NOTE: Effective date.>>  fees:  Provided further, 
That fees received under this heading shall be deposited in this account 
as offsetting collections and will become available for authorized 
purposes on October 1, 2013, and remain available until September 30, 
2015.

                    united states fire administration

    For necessary expenses of the United States Fire Administration and 
for other purposes, as authorized by the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.), $44,000,000.

                          disaster relief fund

                      (including transfer of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$7,007,926,000, to remain available until expended, of which $24,000,000 
shall be transferred to the Department of Homeland Security Office of 
Inspector General for audits and investigations related 
to <<NOTE: Expenditure plan. Deadline.>> disasters:  Provided, That the 
Administrator of the

[[Page 127 STAT. 361]]

Federal Emergency Management Agency shall submit an expenditure plan to 
the Committees on Appropriations of the Senate and the House of 
Representatives detailing the use of the funds made available in this or 
any other Act for disaster readiness and support not later than 60 days 
after the date of enactment of this Act:  Provided further, 
That <<NOTE: Deadlines. Reports.>> the Administrator of the Federal 
Emergency Management Agency shall submit to such Committees a quarterly 
report detailing obligations against the expenditure plan and a 
justification for any changes from the initial plan:  
Provided <<NOTE: Reports.>>  further, That the Administrator of the 
Federal Emergency Management Agency shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives the 
following reports, including a specific description of the methodology 
and the source data used in developing such reports:
            (1) an estimate of the following amounts shall be submitted 
        for the budget year at the time that the President's budget is 
        submitted each year under section 1105(a) of title 31, United 
        States Code:
                    (A) the unobligated balance of funds to be carried 
                over from the prior fiscal year to the budget year;
                    (B) the unobligated balance of funds to be carried 
                over from the budget year to the budget year plus 1;
                    (C) the amount of obligations for non-catastrophic 
                events for the budget year;
                    (D) the amount of obligations for the budget year 
                for catastrophic events delineated by event and by 
                State;
                    (E) the total amount that has been previously 
                obligated or will be required for catastrophic events 
                delineated by event and by State for all prior years, 
                the current year, the budget year, the budget year plus 
                1, the budget year plus 2, and the budget year plus 3 
                and beyond;
                    (F) the amount of previously obligated funds that 
                will be recovered for the budget year;
                    (G) the amount that will be required for obligations 
                for emergencies, as described in section 102(1) of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5122(1)), major disasters, as 
                described in section 102(2) of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5122(2)), fire management assistance grants, as 
                described in section 420 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5187), surge activities, and disaster readiness and 
                support activities;
                    (H) the amount required for activities not covered 
                under section 251(b)(2)(D)(iii) of the Balanced Budget 
                and Emergency Deficit Control Act of 1985 (2 U.S.C. 
                901(b)(2)(D)(iii); Public Law 99-177);
            (2) <<NOTE: Deadlines.>> an estimate or actual amounts, if 
        available, of the following for the current fiscal year shall be 
        submitted not later than the fifth day of each month:
                    (A) a summary of the amount of appropriations made 
                available by source, the transfers executed, the 
                previously allocated funds recovered, and the 
                commitments, allocations, and obligations made;
                    (B) a table of disaster relief activity delineated 
                by month, including--
                          (i) the beginning and ending balances;

[[Page 127 STAT. 362]]

                          (ii) the total obligations to include amounts 
                      obligated for fire assistance, emergencies, surge, 
                      and disaster support activities;
                          (iii) the obligations for catastrophic events 
                      delineated by event and by State; and
                          (iv) the amount of previously obligated funds 
                      that are recovered;
                    (C) a summary of allocations, obligations, and 
                expenditures for catastrophic events delineated by 
                event; and
                    (D) the date on which funds appropriated will be 
                exhausted:

  Provided further, That of the amount provided under this heading, 
$6,400,000,000 is for major disasters declared pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.):  Provided further, That the amount in the preceding proviso is 
designated by the Congress as being for disaster relief pursuant to 
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

             flood hazard mapping and risk analysis program

    For necessary expenses, including administrative costs, under 
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4101) and under sections 100215, 100216, 100226, 100230, and 100246 of 
the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-
141, 126 Stat. 917), $95,329,000, and such additional sums as may be 
provided by State and local governments or other political subdivisions 
for cost-shared mapping activities under section 1360(f)(2) of such Act 
(42 U.S.C. 4101(f)(2)), to remain available until expended.

                      national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), and the Biggert-Waters Flood Insurance Reform Act 
of 2012 (Public Law 112-141, 126 Stat. 917), $171,000,000, which shall 
be derived from offsetting amounts collected under section 1308(d) of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which 
not to exceed $22,000,000 shall be available for salaries and expenses 
associated with flood mitigation and flood insurance operations; and not 
less than $149,000,000 shall be available for flood plain management and 
flood mapping, to remain available until September 30, 2014:  Provided, 
That any additional fees collected pursuant to section 1308(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be 
credited as an offsetting collection to this account, to be available 
for flood plain management and flood mapping:  Provided further, That in 
fiscal year 2013, no funds shall be available from the National Flood 
Insurance Fund under section 1310 of that Act (42 U.S.C. 4017) in excess 
of:
            (1) $132,000,000 for operating expenses;
            (2) $1,056,602,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $120,000,000, which shall remain available until 
        expended, for flood mitigation actions under section 1366 of the 
        National Flood Insurance Act of 1968 (42 U.S.C. 4104c):

[[Page 127 STAT. 363]]

         Provided further, That the amounts collected under section 102 
        of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) 
        and section 1366(e) of the National Flood Insurance Act of 1968 
        shall be deposited in the National Flood Insurance Fund to 
        supplement other amounts specified as available for section 1366 
        of the National Flood Insurance Act of 1968, notwithstanding 
        subsection (f)(8) of such section 102 (42 U.S.C. 4012a(f)(8)) 
        and subsection 1366(e) and paragraphs (2) and (3) of section 
        1367(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 
        4104c(e), 4104d(b)(2)-(3)):  Provided further, That total 
        administrative costs shall not exceed 4 percent of the total 
        appropriation.

                  national predisaster mitigation fund

    For the predisaster mitigation grant program under section 203 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5133), $25,000,000, to remain available until expended.

                       emergency food and shelter

    To carry out the emergency food and shelter program pursuant to 
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 
et seq.), $120,000,000, to remain available until expended:  Provided, 
That total administrative costs shall not exceed 3.5 percent of the 
total amount made available under this heading.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$111,924,000 for the E-Verify Program, as described in section 403(a) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note), to assist United States employers with 
maintaining a legal workforce:  Provided, That notwithstanding any other 
provision of law, funds otherwise made available to United States 
Citizenship and Immigration Services may be used to acquire, operate, 
equip, and dispose of up to 5 vehicles, for replacement only, for areas 
where the Administrator of General Services does not provide vehicles 
for lease:  Provided further, That the Director of United States 
Citizenship and Immigration Services may authorize employees who are 
assigned to those areas to use such vehicles to travel between the 
employees' residences and places of employment.

                 Federal Law Enforcement Training Center

                          salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law enforcement 
basic training; the purchase of not to exceed 117 vehicles for police-
type use and hire of passenger motor vehicles; expenses for student 
athletic and related activities; the conduct

[[Page 127 STAT. 364]]

of and participation in firearms matches and presentation of awards; 
public awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal mobile phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $228,467,000; of which up to $44,758,000 shall 
remain available until September 30, 2014, for materials and support 
costs of Federal law enforcement basic training; of which $300,000 shall 
remain available until expended to be distributed to Federal law 
enforcement agencies for expenses incurred participating in training 
accreditation; and of which not to exceed $9,180 shall be for official 
reception and representation expenses:  Provided, That the Center is 
authorized to obligate funds in anticipation of reimbursements from 
agencies receiving training sponsored by the Center, except that total 
obligations at the end of the fiscal year shall not exceed total 
budgetary resources available at the end of the fiscal year:  Provided 
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771 
note), as amended by Public Law 112-74, is further amended by striking 
``December 31, 2014'' and inserting ``December 31, 2015'':  Provided 
further, That the Director of the Federal Law Enforcement Training 
Center shall schedule basic or advanced law enforcement training, or 
both, at all four training facilities under the control of the Federal 
Law Enforcement Training Center to ensure that such training facilities 
are operated at the highest capacity throughout the fiscal year:  
Provided further, That the Federal Law Enforcement Training 
Accreditation Board, including representatives from the Federal law 
enforcement community and non-Federal accreditation experts involved in 
law enforcement training, shall lead the Federal law enforcement 
training accreditation process to continue the implementation of 
measuring and assessing the quality and effectiveness of Federal law 
enforcement training programs, facilities, and instructors.

     acquisitions, construction, improvements, and related expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $28,385,000, to remain available until September 30, 
2017:  Provided, That the Center is authorized to accept reimbursement 
to this appropriation from government agencies requesting the 
construction of special use facilities.

                         Science and Technology

                      management and administration

    For salaries and expenses of the Office of the Under Secretary for 
Science and Technology and for management and administration of programs 
and activities, as authorized by title III of the Homeland Security Act 
of 2002 (6 U.S.C. 181 et seq.), $132,000,000:  Provided, That not to 
exceed $7,650 shall be for official reception and representation 
expenses.

[[Page 127 STAT. 365]]

           research, development, acquisition, and operations

    For necessary expenses for science and technology research, 
including advanced research projects, development, test and evaluation, 
acquisition, and operations as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease 
of not to exceed 5 vehicles, $703,471,000; of which $538,539,000 shall 
remain available until September 30, 2015; and of which $164,932,000 
shall remain available until September 30, 2017, solely for operation 
and construction of laboratory facilities.

                    Domestic Nuclear Detection Office

                      management and administration

    For salaries and expenses of the Domestic Nuclear Detection Office, 
as authorized by title XIX of the Homeland Security Act of 2002 (6 
U.S.C. 591 et seq.), for management and administration of programs and 
activities, $39,650,000:  Provided, That not to exceed $2,250 shall be 
for official reception and representation expenses:  Provided further, 
That <<NOTE: Deadline. Strategic plan.>> not later than 60 days after 
the date of enactment of this Act, the Secretary of Homeland Security 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a strategic plan of investments necessary to 
implement the Department of Homeland Security's responsibilities under 
the domestic component of the global nuclear detection architecture that 
shall:
            (1) define the role and responsibilities of each 
        Departmental component in support of the domestic detection 
        architecture, including any existing or planned programs to pre-
        screen cargo or conveyances overseas;
            (2) identify and describe the specific investments being 
        made by each Departmental component in fiscal year 2013 and 
        planned for fiscal year 2014 to support the domestic 
        architecture and the security of sea, land, and air pathways 
        into the United States;
            (3) describe the investments necessary to close known 
        vulnerabilities and gaps, including associated costs and 
        timeframes, and estimates of feasibility and cost effectiveness; 
        and
            (4) explain how the Department's research and development 
        funding is furthering the implementation of the domestic nuclear 
        detection architecture, including specific investments planned 
        for each of fiscal years 2013 and 2014.

                  research, development, and operations

    For necessary expenses for radiological and nuclear research, 
development, testing, evaluation, and operations, $226,830,000, to 
remain available until September 30, 2014.

                           systems acquisition

    For expenses for the Domestic Nuclear Detection Office acquisition 
and deployment of radiological detection systems in accordance with the 
global nuclear detection architecture, $51,455,000, to remain available 
until September 30, 2015.

[[Page 127 STAT. 366]]

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds in 
the applicable established accounts, and thereafter may be accounted for 
as one fund for the same time period as originally enacted.
    Sec. 503. <<NOTE: Notifications. Deadlines.>> (a) None of the funds 
provided by this Act, provided by previous appropriations Acts to the 
agencies in or transferred to the Department of Homeland Security that 
remain available for obligation or expenditure in fiscal year 2013, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a reprogramming 
of funds that:
            (1) creates a new program, project, or activity;
            (2) eliminates a program, project, office, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by the Congress;
            (4) proposes to use funds directed for a specific activity 
        by either of the Committees on Appropriations of the Senate or 
        the House of Representatives for a different purpose; or
            (5) contracts out any function or activity for which funding 
        levels were requested for Federal full-time equivalents in the 
        object classification tables contained in the fiscal year 2013 
        Budget Appendix for the Department of Homeland Security, as 
        modified by the joint explanatory statement accompanying this 
        Act, unless the Committees on Appropriations of the Senate and 
        the House of Representatives are notified 15 days in advance of 
        such reprogramming of funds.

    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or expenditure 
in fiscal year 2013, or provided from any accounts in the Treasury of 
the United States derived by the collection of fees or proceeds 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that:
            (1) augments existing programs, projects, or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity;
            (3) reduces by 10 percent the numbers of personnel approved 
        by the Congress; or
            (4) results from any general savings from a reduction in 
        personnel that would result in a change in existing programs, 
        projects, or activities as approved by the Congress, unless the 
        Committees on Appropriations of the Senate and the House of 
        Representatives are notified 15 days in advance of such 
        reprogramming of funds.

[[Page 127 STAT. 367]]

    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers:  Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) and shall not be available for obligation unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances that 
imminently threaten the safety of human life or the protection of 
property.
    (e) <<NOTE: Applicability.>> The notification thresholds and 
procedures set forth in this section shall apply to any use of 
deobligated balances of funds provided in previous Department of 
Homeland Security Appropriations Acts.

    Sec. 504.  The Department of Homeland Security Working Capital Fund, 
established pursuant to section 403 of Public Law 103-356 (31 U.S.C. 501 
note), shall continue operations as a permanent working capital fund for 
fiscal year 2013:  Provided, That none of the funds appropriated or 
otherwise made available to the Department of Homeland Security may be 
used to make payments to the Working Capital Fund, except for the 
activities and amounts allowed in the President's fiscal year 2013 
budget:  Provided further, That funds provided to the Working Capital 
Fund shall be available for obligation until expended to carry out the 
purposes of the Working Capital Fund:  Provided further, That all 
departmental components shall be charged only for direct usage of each 
Working Capital Fund service:  Provided further, That funds provided to 
the Working Capital Fund shall be used only for purposes consistent with 
the contributing component:  Provided further, That the Working Capital 
Fund shall be paid in advance or reimbursed at rates which will return 
the full cost of each service:  Provided further, That the Working 
Capital Fund shall be subject to the requirements of section 503 of this 
Act.
    Sec. 505.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2013 from appropriations for salaries and expenses for 
fiscal year 2013 in this Act shall remain available through September 
30, 2014, in the account and for the purposes for which the 
appropriations were <<NOTE: Approval request.>> provided:  Provided, 
That prior to the obligation of such funds, a request shall be submitted 
to the Committees on Appropriations of the Senate and the House of 
Representatives for approval in accordance with section 503 of this Act.

    Sec. 506.  Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2013 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2013.
    Sec. 507. <<NOTE: Grants. Contracts. Notifications. Deadlines.>> (a) 
Except as provided in subsections (b) and (c), none of the funds made 
available by this Act may be used to--
            (1) make or award a grant allocation, grant, contract, other 
        transaction agreement, task or delivery order on a Department

[[Page 127 STAT. 368]]

        of Homeland Security multiple award contract, or to issue a 
        letter of intent totaling in excess of $1,000,000;
            (2) award a task or delivery order requiring an obligation 
        of funds in an amount greater than $10,000,000 from multi-year 
        Department of Homeland Security funds or a task or delivery 
        order that would cause cumulative obligations of multi-year 
        funds in a single account to exceed 50 percent of the total 
        amount appropriated;
            (3) make a sole-source grant award; or
            (4) announce publicly the intention to make or award items 
        under paragraph (1), (2), or (3) including a contract covered by 
        the Federal Acquisition Regulation.

    (b) <<NOTE: Waiver authority.>> The Secretary of Homeland Security 
may waive the prohibition under subsection (a) if the Secretary notifies 
the Committees on Appropriations of the Senate and the House of 
Representatives at least 3 full business days in advance of making an 
award or issuing a letter as described in that subsection.

    (c) <<NOTE: Determination.>> If the Secretary of Homeland Security 
determines that compliance with this section would pose a substantial 
risk to human life, health, or safety, an award may be made without 
notification, and the Secretary shall notify the Committees on 
Appropriations of the Senate and the House of Representatives not later 
than 5 full business days after such an award is made or letter issued.

    (d) A notification under this section--
            (1) may not involve funds that are not available for 
        obligation; and
            (2) shall include the amount of the award; the fiscal year 
        for which the funds for the award were appropriated; type of 
        contract; and the account and each program, project, and 
        activity from which the funds are being drawn.

    (e) <<NOTE: Briefing. Deadline.>> The Administrator of the Federal 
Emergency Management Agency shall brief the Committees on Appropriations 
of the Senate and the House of Representatives 5 full business days in 
advance of announcing publicly the intention of making an award under 
``State and Local Programs''.

    Sec. 508.  <<NOTE: Contracts.>> Notwithstanding any other provision 
of law, no agency shall purchase, construct, or lease any additional 
facilities, except within or contiguous to existing locations, to be 
used for the purpose of conducting Federal law enforcement training 
without the advance approval of the Committees on Appropriations of the 
Senate and the House of Representatives, except that the Federal Law 
Enforcement Training Center is authorized to obtain the temporary use of 
additional facilities by lease, contract, or other agreement for 
training that cannot be accommodated in existing Center facilities.

    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, has 
not been approved, except that necessary funds may be expended for each 
project for required expenses for the development of a proposed 
prospectus.
    Sec. 510. <<NOTE: Applicability.>> (a) Sections 520, 522, and 530 of 
the Department of Homeland Security Appropriations Act, 2008 (division E 
of Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with respect 
to funds made available in this Act in the same manner as such sections 
applied to funds made available in that Act.

[[Page 127 STAT. 369]]

    (b) The third proviso of section 537 of the Department of Homeland 
Security Appropriations Act, 2006 (6 U.S.C. 114), shall not apply with 
respect to funds made available in this Act.
    Sec. 511.  None of the funds made available in this Act may be used 
in contravention of the applicable provisions of the Buy American Act. 
For purposes of the preceding sentence, the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.
    Sec. 512.  None of the funds made available in this Act may be used 
by any person other than the Privacy Officer appointed under subsection 
(a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C. 
142(a)) to alter, direct that changes be made to, delay, or prohibit the 
transmission to Congress of any report prepared under paragraph (6) of 
such subsection.
    Sec. 513.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 514.  <<NOTE: Deadlines. Budget. Reports.>> Within 45 days 
after the end of each month, the Chief Financial Officer of the 
Department of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a monthly 
budget and staffing report for that month that includes total 
obligations, on-board versus funded full-time equivalent staffing 
levels, and the number of contract employees for each office of the 
Department.

    Sec. 515.  <<NOTE: Explosives detection systems.>> Except as 
provided in section 44945 of title 49, United States Code, funds 
appropriated or transferred to Transportation Security Administration 
``Aviation Security'', ``Administration'', and ``Transportation Security 
Support'' for fiscal years 2004 and 2005 that are recovered or 
deobligated shall be available only for the procurement or installation 
of explosives detection systems, air cargo, baggage, and checkpoint 
screening systems, subject to notification:  Provided, 
That <<NOTE: Deadlines. Reports.>> quarterly reports shall be submitted 
to the Committees on Appropriations of the Senate and the House of 
Representatives on any funds that are recovered or deobligated.

    Sec. 516.  None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided as of June 1, 2004, by employees 
(including employees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 517.  Any funds appropriated to Coast Guard ``Acquisition, 
Construction, and Improvements'' for fiscal years 2002, 2003, 2004, 
2005, and 2006 for the 110-123 foot patrol boat conversion that are 
recovered, collected, or otherwise received as the result of 
negotiation, mediation, or litigation, shall be available until expended 
for the Fast Response Cutter program.
    Sec. 518.  Section 532(a) of Public Law 109-295 (120 Stat. 1384) is 
amended by striking ``2012'' and inserting ``2013''.
    Sec. 519.  <<NOTE: Classified information.>> The functions of the 
Federal Law Enforcement Training Center instructor staff shall be 
classified as inherently governmental for the purpose of the Federal 
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).

    Sec. 520. <<NOTE: Grants. Contracts.>> (a) Except as provided in 
subsection (b), none of the funds appropriated in this or any other Act 
to the ``Office of the Secretary and Executive Management'', the 
``Office of the

[[Page 127 STAT. 370]]

Under Secretary for Management'', or the ``Office of the Chief Financial 
Officer'', may be obligated for a grant or contract funded under such 
headings by any means other than full and open competition.

    (b) Subsection (a) does not apply to obligation of funds for a 
contract awarded--
            (1) by a means that is required by a Federal statute, 
        including obligation for a purchase made under a mandated 
        preferential program, including the AbilityOne Program, that is 
        authorized under chapter 85 of title 41, United States Code;
            (2) pursuant to the Small Business Act (15 U.S.C. 631 et 
        seq.);
            (3) in an amount less than the simplified acquisition 
        threshold described under section 3101 (b) of title 41, United 
        States Code; or
            (4) by another Federal agency using funds provided through 
        an interagency agreement.

    (c)(1) <<NOTE: Waiver authority.>> Subject to paragraph (2), the 
Secretary of Homeland Security may waive the application of this section 
for the award of a contract in the interest of national security or if 
failure to do so would pose a substantial risk to human health or 
welfare.

    (2) <<NOTE: Deadline. Notification.>> Not later than 5 days after 
the date on which the Secretary of Homeland Security issues a waiver 
under this subsection, the Secretary shall submit notification of that 
waiver to the Committees on Appropriations of the Senate and the House 
of Representatives, including a description of the applicable contract 
to which the waiver applies and an explanation of why the waiver 
authority was used:  Provided, That the Secretary may not delegate the 
authority to grant such a waiver.

    (d) <<NOTE: Reviews. 5 USC app. 8I note.>> In addition to the 
requirements established by subsections (a), (b), and (c) of this 
section, the Inspector General of the Department of Homeland Security 
shall review departmental contracts awarded through means other than a 
full and open competition to assess departmental compliance with 
applicable laws and regulations:  Provided, That the Inspector General 
shall review selected contracts awarded in the previous 3 fiscal years 
through means other than a full and open competition:  Provided further, 
That in selecting which contracts to review, the Inspector General shall 
consider the cost and complexity of the goods and services to be 
provided under the contract, the criticality of the contract to 
fulfilling Department missions, past performance problems on similar 
contracts or by the selected vendor, complaints received about the award 
process or contractor performance, and such other factors as the 
Inspector General deems relevant:  
Provided <<NOTE: Reports. Deadlines.>>  further, That the Inspector 
General shall report the results of the reviews to the Committees on 
Appropriations of the Senate and the House of Representatives no later 
than February 4, 2015, and every 3 years thereafter.

    Sec. 521.  <<NOTE: Deadlines.>> None of the funds provided by this 
or previous appropriations Acts shall be used to fund any position 
designated as a Principal Federal Official (or the successor thereto) 
for any Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) declared disasters or emergencies unless--
            (1) the responsibilities of the Principal Federal Official 
        do not include operational functions related to incident 
        management, including coordination of operations, and are 
        consistent with the requirements of section 509(c) and sections 
        503(c)(3) and 503(c)(4)(A) of the Homeland Security Act of 2002 
        (6 U.S.C.

[[Page 127 STAT. 371]]

        319(c) and 313(c)(3) and 313(c)(4)(A)) and section 302 of the 
        Robert T. Stafford Disaster Relief and Assistance Act (42 U.S.C. 
        5143);
            (2) <<NOTE: Notification.>> not later than 10 business days 
        after the latter of the date on which the Secretary of Homeland 
        Security appoints the Principal Federal Official and the date on 
        which the President issues a declaration under section 401 or 
        section 501 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170 and 5191, 
        respectively), the Secretary of Homeland Security shall submit a 
        notification of the appointment of the Principal Federal 
        Official and a description of the responsibilities of such 
        Official and how such responsibilities are consistent with 
        paragraph (1) to the Committees on Appropriations of the Senate 
        and the House of Representatives, the Transportation and 
        Infrastructure Committee of the House of Representatives, and 
        the Homeland Security and Governmental Affairs Committee of the 
        Senate; and
            (3) <<NOTE: Reports.>> not later than 60 days after the date 
        of enactment of this Act, the Secretary shall provide a report 
        specifying timeframes and milestones regarding the update of 
        operations, planning and policy documents, and training and 
        exercise protocols, to ensure consistency with paragraph (1) of 
        this section.

    Sec. 522.  None of the funds provided or otherwise made available in 
this Act shall be available to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452).
    Sec. 523.  Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may be 
used to reduce operations within any Civil Engineering Unit unless 
specifically authorized by a statute enacted after the date of enactment 
of this Act.
    Sec. 524.  None of the funds made available in this Act may be used 
by United States Citizenship and Immigration Services to grant an 
immigration benefit unless the results of background checks required by 
law to be completed prior to the granting of the benefit have been 
received by United States Citizenship and Immigration Services, and the 
results do not preclude the granting of the benefit.
    Sec. 525.  Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is amended--
            (1) in subsection (a), by striking ``Until September 30, 
        2012,'' and inserting ``Until September 30, 2013,'';
            (2) in subsection (c)(1), by striking ``September 30, 
        2012,'' and inserting ``September 30, 2013,''.

    Sec. 526.  <<NOTE: Contracts. Fees.>> The Secretary of Homeland 
Security shall require that all contracts of the Department of Homeland 
Security that provide award fees link such fees to successful 
acquisition outcomes (which outcomes shall be specified in terms of 
cost, schedule, and performance).

    Sec. 527.  <<NOTE: Consultation.>> Notwithstanding any other 
provision of law, none of the funds provided in this or any other Act 
shall be used to approve a waiver of the navigation and vessel-
inspection laws pursuant to 46 U.S.C. 501(b) for the transportation of 
crude oil distributed from the Strategic Petroleum Reserve until the 
Secretary of Homeland Security, after consultation with the Secretaries

[[Page 127 STAT. 372]]

of the Departments of Energy and Transportation and representatives from 
the United States flag maritime industry, takes adequate measures to 
ensure the use of United States flag vessels: 
<<NOTE: Notification. Deadline.>> Provided, That the Secretary shall 
notify the Committees on Appropriations of the Senate and the House of 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Transportation and Infrastructure of 
the House of Representatives within 2 business days of any request for 
waivers of navigation and vessel-inspection laws pursuant to 46 U.S.C. 
501(b).

    Sec. 528.  None of the funds made available to the Office of the 
Secretary and Executive Management under this Act may be expended for 
any new hires by the Department of Homeland Security that are not 
verified through the E-Verify Program as described in section 403(a) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note).
    Sec. 529.  None of the funds in this Act shall be used to reduce the 
United States Coast Guard's Operations Systems Center mission or its 
government-employed or contract staff levels.
    Sec. 530.  <<NOTE: Drugs and drug abuse. Canada.>> None of the funds 
made available in this Act for U.S. Customs and Border Protection may be 
used to prevent an individual not in the business of importing a 
prescription drug (within the meaning of section 801(g) of the Federal 
Food, Drug, and Cosmetic Act) from importing a prescription drug from 
Canada that complies with the Federal Food, Drug, and Cosmetic Act:  
Provided, That <<NOTE: Applicability.>> this section shall apply only to 
individuals transporting on their person a personal-use quantity of the 
prescription drug, not to exceed a 90-day supply:  Provided further, 
That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).

    Sec. 531.  None of the funds appropriated by this Act may be used to 
conduct, or to implement the results of, a competition under Office of 
Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 532.  <<NOTE: Consultation. Notification.>> The Secretary of 
Homeland Security, in consultation with the Secretary of the Treasury, 
shall notify the Committees on Appropriations of the Senate and the 
House of Representatives of any proposed transfers of funds available 
under section 9703.1(g)(4)(B) of title 31, United States Code (as added 
by Public Law 102-393) from the Department of the Treasury Forfeiture 
Fund to any agency within the Department of Homeland Security:  
Provided, That none of the funds identified for such a transfer may be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives approve the proposed transfers.

    Sec. 533.  <<NOTE: National identification card.>> None of the funds 
made available in this Act may be used for planning, testing, piloting, 
or developing a national identification card.

    Sec. 534.  <<NOTE: Determination. Certification.>> If the 
Administrator of the Transportation Security Administration determines 
that an airport does not need to participate in the E-Verify Program as 
described in section 403(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), the 
Administrator shall certify to

[[Page 127 STAT. 373]]

the Committees on Appropriations of the Senate and the House of 
Representatives that no security risks will result from such non-
participation.

    Sec. 535. <<NOTE: Deadline. President. Determination. Web 
posting. Reports.>> (a) Notwithstanding any other provision of this Act, 
except as provided in subsection (b), and 30 days after the date on 
which the President determines whether to declare a major disaster 
because of an event and any appeal is completed, the Administrator shall 
publish on the Web site of the Federal Emergency Management Agency a 
report regarding that decision that shall summarize damage assessment 
information used to determine whether to declare a major disaster.

    (b) The Administrator may redact from a report under subsection (a) 
any data that the Administrator determines would compromise national 
security.
    (c) <<NOTE: Definitions.>> In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency; and
            (2) the term ``major disaster'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).

    Sec. 536.  Any official that is required by this Act to report or to 
certify to the Committees on Appropriations of the Senate and the House 
of Representatives may not delegate such authority to perform that act 
unless specifically authorized herein.
    Sec. 537.  Section 550(b) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note), as 
amended by section 550 of the Department of Homeland Security 
Appropriations Act, 2010 (Public Law 111-83), is further amended by 
striking ``on October 4, 2012'' and inserting ``on October 4, 2013''.
    Sec. 538.  <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> None 
of the funds appropriated or otherwise made available in this or any 
other Act may be used to transfer, release, or assist in the transfer or 
release to or within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department of 
        Defense.

    Sec. 539.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301.10-124 of title 41, 
Code of Federal Regulations.
    Sec. 540.  <<NOTE: 6 USC 416.>> None of the funds made available in 
this or any other Act for fiscal year 2013 and thereafter may be used to 
propose or effect a disciplinary or adverse action, with respect to any 
Department of Homeland Security employee who engages regularly with the 
public in the performance of his or her official duties solely because 
that employee elects to utilize protective equipment or measures, 
including but not limited to surgical masks, N95 respirators, gloves, or 
hand-sanitizers, where use of such equipment or measures is in accord 
with Department of Homeland Security policy, and Centers for Disease 
Control and Prevention and Office of Personnel Management guidance.

[[Page 127 STAT. 374]]

    Sec. 541.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 542. <<NOTE: Privacy.>> (a) Any company that collects or 
retains personal information directly from any individual who 
participates in the Registered Traveler or successor program of the 
Transportation Security Administration shall safeguard and dispose of 
such information in accordance with the requirements in--
            (1) the National Institute for Standards and Technology 
        Special Publication 800-30, entitled ``Risk Management Guide for 
        Information Technology Systems'';
            (2) the National Institute for Standards and Technology 
        Special Publication 800-53, Revision 3, entitled ``Recommended 
        Security Controls for Federal Information Systems and 
        Organizations''; and
            (3) any supplemental standards established by the 
        Administrator of the Transportation Security Administration 
        (referred to in this section as the ``Administrator'').

    (b) The airport authority or air carrier operator that sponsors the 
company under the Registered Traveler program shall be known as the 
``Sponsoring Entity''.
    (c) <<NOTE: Deadline. Certification.>> The Administrator shall 
require any company covered by subsection (a) to provide, not later than 
30 days after the date of enactment of this Act, to the Sponsoring 
Entity written certification that the procedures used by the company to 
safeguard and dispose of information are in compliance with the 
requirements under subsection (a). Such certification shall include a 
description of the procedures used by the company to comply with such 
requirements.

    Sec. 543.  <<NOTE: Contracts.>> Notwithstanding any other provision 
of this Act, none of the funds appropriated or otherwise made available 
by this Act may be used to pay award or incentive fees for contractor 
performance that has been judged to be below satisfactory performance or 
performance that does not meet the basic requirements of a contract.

    Sec. 544. <<NOTE: Deadline. Reports.>> (a) Not later than 180 days 
after the date of enactment of this Act, the Administrator of the 
Transportation Security Administration shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, a report 
that either--
            (1) <<NOTE: Certification.>> certifies that the requirement 
        for screening all air cargo on passenger aircraft by the 
        deadline under section 44901(g) of title 49, United States Code, 
        has been met; or
            (2) includes a strategy to comply with the requirements 
        under title 44901(g) of title 49, United States Code, 
        including--
                    (A) a plan to meet the requirement under section 
                44901(g) of title 49, United States Code, to screen 100 
                percent of air cargo transported on passenger aircraft 
                arriving in the United States in foreign air 
                transportation (as that term is defined in section 40102 
                of that title); and
                    (B) specification of--
                          (i) the percentage of such air cargo that is 
                      being screened; and
                          (ii) the schedule for achieving screening of 
                      100 percent of such air cargo.

[[Page 127 STAT. 375]]

    (b) <<NOTE: Reports. Deadline. Certification.>> The Administrator 
shall continue to submit reports described in subsection (a)(2) every 
180 days thereafter until the Administrator certifies that the 
Transportation Security Administration has achieved screening of 100 
percent of such air cargo.

    Sec. 545.  In developing any process to screen aviation passengers 
and crews for transportation or national security purposes, the 
Secretary of Homeland Security shall ensure that all such processes take 
into consideration such passengers' and crews' privacy and civil 
liberties consistent with applicable laws, regulations, and guidance.
    Sec. 546. (a) Notwithstanding section 1356(n) of title 8, United 
States Code, of the funds deposited into the Immigration Examinations 
Fee Account, $7,500,000 shall be allocated by United States Citizenship 
and Immigration Services in fiscal year 2013 for the purpose of 
providing an immigrant integration grants program.
    (b) For an additional amount for ``United States Citizenship and 
Immigration Services'' for the purpose of providing immigrant 
integration grants, $2,500,000.
    (c) None of the funds made available to United States Citizenship 
and Immigration Services for grants for immigrant integration may be 
used to provide services to aliens who have not been lawfully admitted 
for permanent residence.
    Sec. 547.  For an additional amount for necessary expenses for 
reimbursement of the actual costs to State and local governments for 
providing emergency management, public safety, and security at events, 
as determined by the Administrator of the Federal Emergency Management 
Agency, related to the presence of a National Special Security Event, 
$5,000,000, to remain available until September 30, 2014.
    Sec. 548.  Notwithstanding the 10 percent limitation contained in 
section 503(c) of this Act, the Secretary of Homeland Security may 
transfer to the fund established by 8 U.S.C. 1101 note, up to 
$20,000,000 from appropriations available to the Department of 
Homeland <<NOTE: Notification. Deadline.>> Security:  Provided, That the 
Secretary shall notify the Committees on Appropriations of the Senate 
and the House of Representatives 5 days in advance of such transfer.

    Sec. 549.  <<NOTE: Contracts.>> None of the funds appropriated or 
otherwise made available by this Act may be used by the Department of 
Homeland Security to enter into any Federal contract unless such 
contract is entered into in accordance with the requirements of subtitle 
I of title 41, United States Code or chapter 137 of title 10, United 
States Code, and the Federal Acquisition Regulation, unless such 
contract is otherwise authorized by statute to be entered into without 
regard to the above referenced statutes.

    Sec. 550. (a) For an additional amount for data center migration, 
$55,000,000.
    (b) Funds made available in subsection (a) for data center migration 
may be transferred by the Secretary of Homeland Security between 
appropriations for the same purpose, notwithstanding section 503 of this 
Act.
    (c) <<NOTE: Deadline. Notification.>> No transfer described in 
subsection (b) shall occur until 15 days after the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified of such transfer.

    Sec. 551.  <<NOTE: Determination. Detention facilities. Real 
property.>> Notwithstanding any other provision of law, if the Secretary 
of Homeland Security determines that specific U.S. Immigration and 
Customs Enforcement Service Processing Centers

[[Page 127 STAT. 376]]

or other U.S. Immigration and Customs Enforcement owned detention 
facilities no longer meet the mission need, the Secretary is authorized 
to dispose of individual Service Processing Centers or other U.S. 
Immigration and Customs Enforcement owned detention facilities by 
directing the Administrator of General Services to sell all real and 
related personal property which support Service Processing Centers or 
other U.S. Immigration and Customs Enforcement owned detention 
facilities, subject to such terms and conditions as necessary to protect 
Government interests and meet program requirements:  Provided, That the 
proceeds, net of the costs of sale incurred by the General Services 
Administration and U.S. Immigration and Customs Enforcement, shall be 
deposited as offsetting collections into a separate account that shall 
be available, subject to appropriation, until expended for other real 
property capital asset needs of existing U.S. Immigration and Customs 
Enforcement assets, excluding daily operations and maintenance costs, as 
the Secretary deems appropriate:  Provided further, That any sale or 
collocation of federally owned detention facilities shall not result in 
the maintenance of fewer than 34,000 detention beds:  Provided further, 
That <<NOTE: Notification. Deadline.>> the Committees on Appropriations 
of the Senate and the House of Representatives shall be notified 15 days 
prior to the announcement of any proposed sale or collocation.

    Sec. 552.  For an additional amount for the ``Office of the Under 
Secretary for Management'', $29,000,000, to remain available until 
expended, for necessary expenses to plan, acquire, design, construct, 
renovate, remediate, equip, furnish, improve infrastructure, and occupy 
buildings and facilities for the department headquarters consolidation 
project and associated mission support consolidation:  Provided, 
That <<NOTE: Expenditure plan. Deadline.>>  the Committees on 
Appropriations of the Senate and the House of Representatives shall 
receive an expenditure plan not later than 90 days after the date of 
enactment of this Act detailing the allocation of these funds.

    Sec. 553.  In making grants under the heading ``Firefighter 
Assistance Grants'', the Secretary may grant waivers from the 
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), 
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229a).
    Sec. 554.  <<NOTE: ACORN.>> None of the funds made available under 
this Act or any prior appropriations Act may be provided to the 
Association of Community Organizations for Reform Now (ACORN), or any of 
its affiliates, subsidiaries, or allied organizations.

    Sec. 555.  <<NOTE: Deadlines. Plans.>> The Commissioner of U.S. 
Customs and Border Protection and the Assistant Secretary of Homeland 
Security for U.S. Immigration and Customs Enforcement shall, with 
respect to fiscal years 2013, 2014, 2015, and 2016, submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, at the time that the President's budget proposal for 
fiscal year 2014 is submitted pursuant to the requirements of section 
1105(a) of title 31, United States Code, the information required in the 
multi-year investment and management plans required, respectively, under 
the headings U.S. Customs and Border Protection, ``Salaries and 
Expenses'' under title II of division D of the Consolidated 
Appropriations Act, 2012 (Public Law 112-74), and U.S. Customs and 
Border Protection, ``Border Security Fencing, Infrastructure, and 
Technology'' under such title, and section 568 of such Act.

[[Page 127 STAT. 377]]

    Sec. 556.  The Secretary of Homeland Security shall ensure 
enforcement of immigration laws (as defined in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
    Sec. 557. (a) <<NOTE: Contracts. 14 USC 577 note.>> Notwithstanding 
Office of Management and Budget Circular A-11, funds made available in 
fiscal year 2013, or any fiscal year thereafter, under Department of 
Homeland Security, Coast Guard, ``Acquisition, Construction, and 
Improvements'' for--
            (1) long lead time materials, components, and designs of a 
        vessel of the Coast Guard shall be immediately available and 
        allotted to make a contract award notwithstanding the 
        availability of funds for production, outfitting, post-delivery 
        activities, and spare or repair parts; and
            (2) production of a vessel of the Coast Guard shall be 
        immediately available and allotted to make a contract award 
        notwithstanding the availability of funds for outfitting, post-
        delivery activities, and spare or repair parts.

    (b) The Secretary of Homeland Security shall develop fiscal policy 
that prescribes Coast Guard budgetary policies, procedures and technical 
direction necessary to comply with subsection (a) of this section and 
consistent with the Department of Defense Financial Management 
Regulation (Volume 2A, Chapter 1 C. Procedures for Full Funding) to 
include the costs associated with outfitting and post-delivery 
activities; spare and repair parts; and long lead time materials. The 
requirement set forth in this section shall not preclude the immediate 
availability or allotment of funds for fiscal year 2013, pursuant to 
subsection (a).
    (c) <<NOTE: Definitions.>> In this section--
            (1) the term ``long lead time items'' means components, 
        parts, material, or effort which must be procured in advance of 
        the production award in order to maintain the production 
        schedule;
            (2) the term ``outfitting'' means procurement or 
        installation of onboard repair parts, other secondary items, 
        equipage, and recreation items; precommissioning crew support; 
        general use consumables furnished to the shipbuilder; the 
        fitting out activity to fill a vessel's initial allowances; and 
        contractor-furnished spares; and
            (3) the term ``post-delivery activities'' means design, 
        planning, Government-furnished material, and related labor for 
        non-production and non-long lead time items contract activities 
        and other work, including certifications, full operational 
        capability activities and other equipment installation; spares, 
        logistics, technical analysis, and support; correction of 
        Government-responsible defects and deficiencies identified 
        during builders trials, acceptance trials, and testing during 
        the post-delivery period; costs of all work required to correct 
        defects or deficiencies identified during the post-delivery 
        period; and costs of all work required to correct trial card 
        deficiencies on a vessel of a particular class, as well as on 
        subsequent vessels of that class (whether or not delivered) 
        until the corrective action for that cutter class is completed.

    Sec. 558. <<NOTE: Deadlines. 44 USC 3541 note.>> (a) Of the amounts 
made available by this Act for National Protection and Programs 
Directorate, ``Infrastructure Protection and Information Security'', 
$202,000,000 for the ``Federal Network Security'' program, project, and 
activity shall be used to deploy on Federal systems technology to 
improve the information

[[Page 127 STAT. 378]]

security of agency information systems covered by section 3543(a) of 
title 44, United States Code:  Provided, That funds made available under 
this section shall be used to assist and support Government-wide and 
agency-specific efforts to provide adequate, risk-based, and cost-
effective cybersecurity to address escalating and rapidly evolving 
threats to information security, including the acquisition and operation 
of a continuous monitoring and diagnostics program, in collaboration 
with departments and agencies, that includes equipment, software, and 
Department of Homeland Security supplied services:  Provided further, 
That <<NOTE: Reports.>> not later than April 1, 2013, and quarterly 
thereafter, the Under Secretary of Homeland Security of the National 
Protection and Programs Directorate shall submit to the Committees on 
Appropriations of the Senate and House of Representatives a report on 
the obligation and expenditure of funds made available under this 
section:  Provided further, That continuous monitoring and diagnostics 
software procured by the funds made available by this section shall not 
transmit to the Department of Homeland Security any personally 
identifiable information or content of network communications of other 
agencies' users:  Provided further, That such software shall be 
installed, maintained, and operated in accordance with all applicable 
privacy laws and agency-specific policies regarding network content.

    (b) Funds made available under this section may not be used to 
supplant funds provided for any such system within an agency budget.
    (c) <<NOTE: Expenditure plans.>> Not later than July 1, 2013, the 
heads of all Federal agencies shall submit to the Committees on 
Appropriations of the Senate and House of Representatives expenditure 
plans for necessary cybersecurity improvements to address known 
vulnerabilities to information systems described in subsection (a).

    (d) <<NOTE: Reports.>> Not later than October 1, 2013, and quarterly 
thereafter, the head of each Federal agency shall submit to the Director 
of the Office of Management and Budget a report on the execution of the 
expenditure plan for that agency required by subsection (c):  Provided, 
That the Director of the Office of Management and Budget shall summarize 
such execution reports and annually submit such summaries to Congress in 
conjunction with the annual progress report on implementation of the E-
Government Act of 2002 (Public Law 107-347), as required by section 3606 
of title 44, United States Code.

    (e) <<NOTE: Applicability.>> This section shall not apply to the 
legislative and judicial branches of the Federal Government and shall 
apply to all Federal agencies within the executive branch except for the 
Department of Defense, the Central Intelligence Agency, and the Office 
of the Director of National Intelligence.

    Sec. 559. <<NOTE: Pornography.>> (a) None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 560. <<NOTE: Contracts. Time period.>> (a) Notwithstanding 
sections 58c(e) and 1451 of title 19, United States Code, upon the 
request of any persons, the Commissioner of U.S. Customs and Border 
Protection may enter into reimbursable fee agreements for a period of up 
to 5 years

[[Page 127 STAT. 379]]

with such persons for the provision of U.S. Customs and Border 
Protection services and any other costs incurred by U.S. Customs and 
Border Protection relating to such services. Such requests may include 
additional U.S. Customs and Border Protection services at existing U.S. 
Customs and Border Protection-serviced facilities (including but not 
limited to payment for overtime), the provision of U.S. Customs and 
Border Protection services at new facilities, and expanded U.S. Customs 
and Border Protection services at land border facilities.
            (1) <<NOTE: Deadline.>> By December 31, 2013, the 
        Commissioner may enter into not more than 5 agreements under 
        this section.
            (2) The Commissioner shall not enter into such an agreement 
        if it would unduly and permanently impact services funded in 
        this or any other appropriations Acts, or provided from any 
        accounts in the Treasury of the United States derived by the 
        collection of fees.

    (b) Funds collected pursuant to any agreement entered into under 
this section shall be deposited in a newly established account as 
offsetting collections and remain available until expended, without 
fiscal year limitation, and shall directly reimburse each appropriation 
for the amount paid out of that appropriation for any expenses incurred 
by U.S. Customs and Border Protection in providing U.S. Customs and 
Border Protection services and any other costs incurred by U.S. Customs 
and Border Protection relating to such services.
    (c) The amount of the fee to be charged pursuant to an agreement 
authorized under subsection (a) of this section shall be paid by each 
person requesting U.S. Customs and Border Protection services and shall 
include, but shall not be limited to, the salaries and expenses of 
individuals employed by U.S. Customs and Border Protection to provide 
such U.S. Customs and Border Protection services and other costs 
incurred by U.S. Customs and Border Protection relating to those 
services, such as temporary placement or permanent relocation of those 
individuals.
    (d) <<NOTE: Termination. Notification.>> U.S. Customs and Border 
Protection shall terminate the provision of services pursuant to an 
agreement entered into under subsection (a) with a person that, after 
receiving notice from the Commissioner that a fee imposed under 
subsection (a) is due, fails to pay the fee in a timely manner. In the 
event of such termination, all costs incurred by U.S. Customs and Border 
Protection, which have not been reimbursed, will become immediately due 
and payable. Interest on unpaid fees will accrue based on current U.S. 
Treasury borrowing rates. Additionally, any person who, after notice and 
demand for payment of any fee charged under subsection (a) of this 
section, fails to pay such fee in a timely manner shall be liable for a 
penalty or liquidated damage equal to two times the amount of the fee. 
Any amount collected pursuant to any agreement entered into under this 
subsection shall be deposited into the account specified under 
subsection (b) of this section and shall be available as described 
therein.

    (e) Each facility at which such U.S. Customs and Border Protection 
services are performed shall provide, maintain, and equip, without cost 
to the Government, facilities in accordance with U.S. Customs and Border 
Protection specifications.
    (f) The authority found in this section may not be used to enter 
into agreements to expand or begin to provide U.S. Customs and Border 
Protection services outside of the United States.

[[Page 127 STAT. 380]]

    (g) The authority found in this section may not be used at existing 
U.S. Customs and Border Protection-serviced air facilities to enter into 
agreements for costs other than payment of overtime.
    (h) <<NOTE: Notification. Deadline. Records.>> The Commissioner 
shall notify the appropriate Committees of Congress 15 days prior to 
entering into any agreement under the authority of this section and 
shall provide a copy of the agreement to the appropriate Committees of 
Congress.

    (i) <<NOTE: Definitions.>> For purposes of this section the terms:
            (1) U.S. Customs and Border Protection ``services'' means 
        any activities of any employee or contractor of U.S. Customs and 
        Border Protection pertaining to customs and immigration 
        inspection-related matters.
            (2) ``Person'' means any natural person or any corporation, 
        partnership, trust, association, or any other public or private 
        entity, or any officer, employee, or agent thereof.
            (3) ``Appropriate Committees of Congress'' means the 
        Committees on Appropriations; Finance; Judiciary; and Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committees on Appropriations; Judiciary; Ways and Means; and 
        Homeland Security of the House of Representatives.

    Sec. 561.  <<NOTE: Firearms.>> None of the funds made available 
under this Act may be used by a Federal law enforcement officer to 
facilitate the transfer of an operable firearm to an individual if the 
Federal law enforcement officer knows or suspects that the individual is 
an agent of a drug cartel unless law enforcement personnel of the United 
States continuously monitor or control the firearm at all times.

    Sec. 562.  <<NOTE: Obligation availability. Deadline.>> Twenty 
percent of each of the appropriations provided in this Act for the 
``Office of the Secretary and Executive Management'', the ``Office of 
the Under Secretary for Management'', and the ``Office of the Chief 
Financial Officer'' shall be withheld from obligation until the reports 
and plans required in this Act to be submitted on or before May 1, 2013, 
are received by the Committees on Appropriations of the Senate and the 
House of Representatives.

    Sec. 563.  <<NOTE: Time period. 8 USC 1154 note.>> Notwithstanding 
any other provision of this Act or any other provision of law, during 
the period beginning on October 1, 2013, and ending on September 30, 
2014, section 204(a)(1)(I) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(I)) is amended by adding at the end the following:
                          ``(iv) Each petition to compete for 
                      consideration for a visa under section 1153(c) of 
                      this title shall be accompanied by a fee equal to 
                      $30. All amounts collected under this clause shall 
                      be deposited into the Treasury as miscellaneous 
                      receipts.'':

  Provided, <<NOTE: Consultation. Reports. Deadline.>> That the 
Department of State, in consultation with the Department of Homeland 
Security, shall report to the Committees on Appropriations of the Senate 
and the House of Representatives not later than 90 days after the date 
of enactment of this Act on the steps being taken to implement the 
recommendations of GAO-07-1174.

    Sec. 564.  <<NOTE: Cancellation. Loans.>> The Administrator of the 
Federal Emergency Management Agency shall cancel the liquidated balances 
of all remaining uncancelled or partially cancelled loans disbursed 
under the Community Disaster Loan Act of 2005 (Public Law 109-88) and 
the Emergency Supplemental Appropriations Act for Defense, the Global 
War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234), as 
amended by section 4502 of the U.S. Troop Readiness,

[[Page 127 STAT. 381]]

Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations 
Act, 2007 (Public Law 110-28) to the extent that revenues of the local 
government during the period following the major disaster are 
insufficient to meet the budget of the local government, including 
additional disaster-related expenses of a municipal character. In 
calculating a community's revenues while determining cancellation, the 
Administrator shall exclude revenues for special districts and any other 
revenues that are required by law to be disbursed to other units of 
local government or used for specific purposes more limited than the 
scope allowed by the General Fund. In calculating a community's 
expenses, the Administrator shall include disaster-related capital 
expenses for which the community has not been reimbursed by Federal or 
insurance proceeds, debt service expenses, and accrued but unpaid 
uncompensated absences (vacation and sick pay). In calculating the 
operating deficit of the local government, the Administrator shall also 
consider all interfund transfers. When considering the period following 
the disaster, the Administrator may consider a period of 3, 5, or 7 full 
fiscal years after the disaster, beginning on the date of the 
declaration, in determining eligibility for cancellation. The criteria 
for cancellation do not apply to those loans 
already <<NOTE: Deadlines. Determinations. Appeals.>> cancelled in full. 
Applicants shall submit supplemental documentation in support of their 
applications for cancellation on or before April 30, 2014, and the 
Administrator shall issue determinations and resolve any appeals on or 
before April 30, 2015. Loans not cancelled <<NOTE: Deadline.>>  in full 
shall be repaid not later than September 30, 2035. The Administrator may 
use funds provided under Public Law 109-88 to reimburse those 
communities that have repaid all or a portion of loans, including 
interest, provided as Special Community Disaster Loans under Public Law 
109-88 or Public Law 109-234, as amended by section 4502 of Public Law 
110-28. Further, the Administrator may use funds provided under Public 
Law 109-88 for necessary expenses to carry out this provision.

    Sec. 565.  <<NOTE: Review. Deadline.>> The Inspector General shall 
review the applications for public assistance provided through the 
Disaster Relief Fund with a project cost that exceeds $10,000,000 and 
the resulting decisions issued by the Federal Emergency Management 
Agency for category A debris removal for DR-1786 upon receipt of a 
request from an applicant made no earlier than 90 days after filing an 
appeal with the Federal Emergency Management Agency without regard to 
whether the Administrator of the Federal Emergency Management Agency has 
issued a final agency determination on the application for assistance:  
Provided, That not <<NOTE: Deadline. Determination. Claims.>> later than 
180 days after the date of such request, the Inspector General shall 
determine whether the Federal Emergency Management Agency correctly 
applied its rules and regulations to determine eligibility of the 
applicant's claim:  Provided <<NOTE: Deadline.>>  further, That if the 
Inspector General finds that the Federal Emergency Management Agency 
determinations related to eligibility and cost involved a misapplication 
of its rules and regulations, the applicant may submit the dispute to 
the arbitration process established under the authority granted under 
section 601 of Public Law 111-5 not later than 15 days after the date of 
issuance of the Inspector General's finding in the previous proviso:  
Provided further, That if the Inspector General finds that the Federal 
Emergency Management Agency provided unauthorized funding, that the 
Federal Emergency Management Agency shall take corrective action.

[[Page 127 STAT. 382]]

    Sec. 566.  None of the funds provided in this or any other Act may 
be obligated to implement the National Preparedness Grant Program or any 
other successor grant programs unless explicitly authorized by Congress.
    Sec. 567.  None of the funds made available by this Act may be used 
to provide funding for the position of Public Advocate within U.S. 
Immigration and Customs Enforcement.
    Sec. 568.  None of the funds made available in this Act may be used 
to reimburse any Federal department or agency for its participation in a 
National Special Security Event.
    Sec. 569.  <<NOTE: Determination. Notification. Deadline.>> None of 
the funds made available in this Act may be used to pay for the travel 
to or attendance of more than 50 employees of a single component of the 
Department of Homeland Security, who are stationed in the United States, 
at a single international conference unless the Secretary of Homeland 
Security determines that such attendance is in the national interest and 
notifies the Committees on Appropriations of the Senate and the House of 
Representatives within at least 10 days of that determination and the 
basis for that <<NOTE: Definition.>> determination:  Provided, That for 
purposes of this section the term ``international conference'' shall 
mean a conference occurring outside of the United States attended by 
representatives of the United States Government and of foreign 
governments, international organizations, or nongovernmental 
organizations.

                              (rescissions)

    Sec. 570.  Of the funds appropriated to the Department of Homeland 
Security, the following funds are hereby rescinded from the following 
accounts and programs in the specified amounts:  Provided, That no 
amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to a concurrent resolution 
on the budget or the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended:
            (1) $1,800,000 from Public Law 112-74 under the heading 
        ``Analysis and Operations'';
            (2) $73,232,000 from funds made available in Public Law 112-
        10 and Public Law 112-74 under the heading U.S. Customs and 
        Border Protection, ``Border Security Fencing, Infrastructure, 
        and Technology'';
            (3) $3,108,311 from unobligated prior year balances from 
        U.S. Immigration and Customs Enforcement, ``Construction'';
            (4) $25,000,000 from Public Law 110-329 under the heading 
        Coast Guard ``Acquisition, Construction, and Improvements'';
            (5) $43,000,000 from Public Law 111-83 under the heading 
        Coast Guard ``Acquisition, Construction, and Improvements'';
            (6) $63,500,000 from Public Law 112-10 under the heading 
        Coast Guard ``Acquisition, Construction, and Improvements'';
            (7) $23,000,000 from Public Law 112-74 under the heading 
        Coast Guard ``Acquisition, Construction, and Improvements''; and
            (8) $21,667,000 from Public Law 112-74 under the heading 
        Transportation Security Administration, ``Surface Transportation 
        Security''.

[[Page 127 STAT. 383]]

                              (rescission)

    Sec. 571.  Of the funds provided in Public Law 110-161, Public Law 
110-329, and Public Law 111-83, under the heading ``National Predisaster 
Mitigation Fund'' for congressionally directed spending items, 
$12,000,000 are rescinded from projects for which no applications were 
submitted or from projects which were completed for an amount less than 
that appropriated.

                              (rescissions)

    Sec. 572.  Of the funds transferred to the Department of Homeland 
Security when it was created in 2003, the following funds are hereby 
rescinded from the following accounts and programs in the specified 
amounts:
            (1) $199,657 from ``Operations'';
            (2) $445,328 from U.S. Customs and Border Protection 
        ``Salaries and Expenses'';
            (3) $63,045 from U.S. Customs and Border Protection 
        ``Violent Crime Reduction Programs'';
            (4) $86,597 from U.S. Immigration and Customs Enforcement 
        ``Violent Crime Reduction Programs'';
            (5) $1,739 from Coast Guard ``Acquisition, Construction, and 
        Improvements'';
            (6) $1,329,239 from Federal Emergency Management Agency 
        ``Office of Domestic Preparedness'';
            (7) $3,262,677 from Federal Emergency Management Agency 
        ``National Predisaster Mitigation Fund''; and
            (8) $2,291,844 from Transportation Security Administration 
        ``Administration''.

                              (rescissions)

    Sec. 573.  The following unobligated balances made available to the 
Department of Homeland Security pursuant to section 505 of the 
Department of Homeland Security Appropriations Act, 2012 (Public Law 
112-74; 125 Stat. 984) are rescinded:
            (1) $314,674 from ``Office of the Secretary and Executive 
        Management'';
            (2) $185,813 from ``Office of the Under Secretary for 
        Management'';
            (3) $114,391 from ``Office of the Chief Financial Officer'';
            (4) $59,507 from ``Office of the Chief Information 
        Officer'';
            (5) $568,188 from ``Analysis and Operations'';
            (6) $45,525 from ``Office of Inspector General'';
            (7) $568,480 from U.S. Customs and Border Protection 
        ``Salaries and Expenses'';
            (8) $3,581,483 from U.S. Immigration and Customs Enforcement 
        ``Salaries and Expenses'';
            (9) $1,075,942 from Transportation Security Administration 
        ``Federal Air Marshals'';
            (10) $18,142,454 from Coast Guard ``Operating Expenses'';
            (11) $991,520 from Coast Guard ``Reserve Training'';
            (12) $1,033,599 from Coast Guard ``Acquisition, 
        Construction, and Improvements'';
            (13) $2,371,377 from United States Secret Service ``Salaries 
        and Expenses'';

[[Page 127 STAT. 384]]

            (14) $82,084 from National Protection and Programs 
        Directorate ``Management and Administration'';
            (15) $1,683,470 from National Protection and Programs 
        Directorate ``Infrastructure Protection and Information 
        Security'';
            (16) $184,583 from National Protection and Programs 
        Directorate ``United States Visitor and Immigrant Status 
        Indicator Technology'';
            (17) $259,874 from Federal Emergency Management Agency 
        ``Salaries and Expenses'';
            (18) $206,722 from Federal Emergency Management Agency 
        ``State and Local Programs'';
            (19) $450,017 from Office of Health Affairs;
            (20) $205,799 from United States Citizenship and Immigration 
        Services;
            (21) $512,660 from Federal Law Enforcement Training Center 
        ``Salaries and Expenses'';
            (22) $244,553 from Science and Technology ``Management and 
        Administration''; and
            (23) $128,565 from Domestic Nuclear Detection Office 
        ``Management and Administration''.

    Sec. 574.  <<NOTE: Deadline. Reports.>> Fourteen days after the 
Secretary of Homeland Security submits a report required under this 
division to the Committees on Appropriations of the Senate and the House 
of Representatives, the Secretary shall submit a copy of that report to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the House of 
Representatives.

    This division may be cited as the ``Department of Homeland Security 
Appropriations Act, 2013''.

  DIVISION E-- <<NOTE: Military Construction and Veterans Affairs, and 
 Related Agencies Appropriations Act, 2013.>> MILITARY CONSTRUCTION AND 
VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2013

     The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for military construction, the 
Department of Veterans Affairs, and related agencies for the fiscal year 
ending September 30, 2013, and for other purposes, namely:

                                 TITLE I

                          DEPARTMENT OF DEFENSE

                       Military Construction, Army

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facilities, 
and real property for the Army as currently authorized by law, including 
personnel in the Army Corps of Engineers and other personal services 
necessary for the purposes of this appropriation, and for construction 
and operation of facilities in support of the functions of the Commander 
in Chief, $1,684,323,000, to remain available until 
September <<NOTE: Determination. Notification.>> 30, 2017:  Provided, 
That of this amount, not to exceed $80,173,000 shall be available for 
study, planning, design, architect and engineer services, and host 
nation support, as authorized by law, unless the Secretary of Army 
determines

[[Page 127 STAT. 385]]

that additional obligations are necessary for such purposes and notifies 
the Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor.

              Military Construction, Navy and Marine Corps

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy and Marine Corps as currently authorized 
by law, including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this 
appropriation, $1,549,164,000, to remain available until September 30, 
2017:  Provided, That of <<NOTE: Determination. Notification.>> this 
amount, not to exceed $102,619,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Secretary of Navy determines that additional obligations 
are necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor.

                    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facilities, 
and real property for the Air Force as currently authorized by law, 
$322,543,000, to remain available until September 30, 2017:  Provided, 
That of this <<NOTE: Determination. Notification.>> amount, not to 
exceed $18,635,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Secretary of Air Force determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor.

                   Military Construction, Defense-Wide

                      (including transfer of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and real 
property for activities and agencies of the Department of Defense (other 
than the military departments), as currently authorized by law, 
$3,582,423,000, to remain available until September 30, 2017:  Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with and to be 
available for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred:  Provided further, That of 
the <<NOTE: Determination. Notification.>> amount appropriated, not to 
exceed $315,562,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Secretary of Defense determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor:  Provided further, That of the amount appropriated, 
notwithstanding any other provision of law, $26,969,000 shall be 
available for payments to the North Atlantic

[[Page 127 STAT. 386]]

Treaty Organization for the planning, design, and construction of a new 
North Atlantic Treaty Organization headquarters.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Army 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $613,799,000, to remain available until September 
30, 2017:  Provided, That of 
the <<NOTE: Determination. Notification.>> amount appropriated, not to 
exceed $26,622,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Director of the Army National Guard determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor.

                Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $42,386,000, to remain available until September 30, 
2017:  Provided, That of 
the <<NOTE: Determination. Notification.>> amount appropriated, not to 
exceed $4,000,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Director of the Air National Guard determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor.

                   Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Army 
Reserve as authorized by chapter 1803 of title 10, United States Code, 
and Military Construction Authorization Acts, $305,846,000, to remain 
available <<NOTE: Determination. Notification.>> until September 30, 
2017:  Provided, That of the amount appropriated, not to exceed 
$15,951,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the Chief 
of the Army Reserve determines that additional obligations are necessary 
for such purposes and notifies the Committees on Appropriations of both 
Houses of Congress of the determination and the reasons therefor.

                   Military Construction, Navy Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $49,532,000, to remain available until September 30, 
2017:  Provided, That <<NOTE: Determination. Notification.>>  of the 
amount appropriated, not to exceed $2,118,000 shall be available for 
study, planning, design, and architect and engineer services, as 
authorized

[[Page 127 STAT. 387]]

by law, unless the Secretary of the Navy determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $10,979,000, to 
remain available <<NOTE: Determination. Notification.>> until September 
30, 2017:  Provided, That of the amount appropriated, not to exceed 
$2,879,000 shall be available for study, planning, design, and architect 
and engineer services, as authorized by law, unless the Chief of the Air 
Force Reserve determines that additional obligations are necessary for 
such purposes and notifies the Committees on Appropriations of both 
Houses of Congress of the determination and the reasons therefor.

                   North Atlantic Treaty Organization
                       Security Investment Program

    For the United States share of the cost of the North Atlantic Treaty 
Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military Construction 
Authorization Acts, $254,163,000, to remain available until expended.

                    Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $4,641,000, to remain available until 
September 30, 2017.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized by 
law, $530,051,000.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $102,182,000, to remain 
available until September 30, 2017.

     Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing,

[[Page 127 STAT. 388]]

minor construction, principal and interest charges, and insurance 
premiums, as authorized by law, $378,230,000.

                 Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $83,824,000, to remain available until 
September 30, 2017.

           Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized by 
law, $497,829,000.

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $52,238,000.

          Department of Defense Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$1,786,000, to remain available until expended, for family housing 
initiatives undertaken pursuant to section 2883 of title 10, United 
States Code, providing alternative means of acquiring and improving 
military family housing and supporting facilities.

          Chemical Demilitarization Construction, Defense-Wide

    For expenses of construction, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal chemical 
agents and munitions in accordance with section 1412 of the Department 
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the 
destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, as currently authorized by law, $151,000,000, 
to remain available until September 30, 2017, which shall be only for 
the Assembled Chemical Weapons Alternatives program.

             Department of Defense Base Closure Account 1990

    For deposit into the Department of Defense Base Closure Account 
1990, established by section 2906(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $409,396,000, to remain 
available until expended.

             Department of Defense Base Closure Account 2005

    For deposit into the Department of Defense Base Closure Account 
2005, established by section 2906A(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $126,697,000, to remain 
available <<NOTE: Notification. Deadline.>> until expended:  Provided, 
That the Department of Defense shall notify the Committees on 
Appropriations of both Houses of Congress 14 days prior to obligating

[[Page 127 STAT. 389]]

an amount for a construction project that exceeds or reduces the amount 
identified for that project in the most recently submitted budget 
request for this account by 20 percent or $2,000,000, whichever is less: 
 Provided further, That the previous proviso shall not apply to projects 
costing less than $5,000,000, except for those projects not previously 
identified in any budget submission for this account and exceeding the 
minor construction threshold under section 2805 of title 10, United 
States Code.

                        Administrative Provisions

    Sec. 101.  <<NOTE: Contracts.>> None of the funds made available in 
this title shall be expended for payments under a cost-plus-a-fixed-fee 
contract for construction, where cost estimates exceed $25,000, to be 
performed within the United States, except Alaska, without the specific 
approval in writing of the Secretary of Defense setting forth the 
reasons therefor.

    Sec. 102.  Funds made available in this title for construction shall 
be available for hire of passenger motor vehicles.
    Sec. 103.  <<NOTE: Certification.>> Funds made available in this 
title for construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the construction of 
access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to the 
national defense by the Secretary of Defense.

    Sec. 104.  None of the funds made available in this title may be 
used to begin construction of new bases in the United States for which 
specific appropriations have not been made.
    Sec. 105.  None of the funds made available in this title shall be 
used for purchase of land or land easements in excess of 100 percent of 
the value as determined by the Army Corps of Engineers or the Naval 
Facilities Engineering Command, except: (1) where there is a 
determination of value by a Federal court; (2) purchases negotiated by 
the Attorney General or the designee of the Attorney General; (3) where 
the estimated value is less than $25,000; or (4) as otherwise determined 
by the Secretary of Defense to be in the public interest.
    Sec. 106.  None of the funds made available in this title shall be 
used to: (1) acquire land; (2) provide for site preparation; or (3) 
install utilities for any family housing, except housing for which funds 
have been made available in annual Acts making appropriations for 
military construction.
    Sec. 107.  <<NOTE: Notification.>> None of the funds made available 
in this title for minor construction may be used to transfer or relocate 
any activity from one base or installation to another, without prior 
notification to the Committees on Appropriations of both Houses of 
Congress.

    Sec. 108.  <<NOTE: Steel.>> None of the funds made available in this 
title may be used for the procurement of steel for any construction 
project or activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for such steel 
procurement.

    Sec. 109.  None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.

[[Page 127 STAT. 390]]

    Sec. 110.  <<NOTE: Notification.>> None of the funds made available 
in this title may be used to initiate a new installation overseas 
without prior notification to the Committees on Appropriations of both 
Houses of Congress.

    Sec. 111.  <<NOTE: Contracts. Japan.>> None of the funds made 
available in this title may be obligated for architect and engineer 
contracts estimated by the Government to exceed $500,000 for projects to 
be accomplished in Japan, in any North Atlantic Treaty Organization 
member country, or in countries bordering the Arabian Sea, unless such 
contracts are awarded to United States firms or United States firms in 
joint venture with host nation firms.

    Sec. 112.  <<NOTE: Contracts. Kwajalein Atoll.>> None of the funds 
made available in this title for military construction in the United 
States territories and possessions in the Pacific and on Kwajalein 
Atoll, or in countries bordering the Arabian Sea, may be used to award 
any contract estimated by the Government to exceed $1,000,000 to a 
foreign contractor:  Provided, That this section shall not be applicable 
to contract awards for which the lowest responsive and responsible bid 
of a United States contractor exceeds the lowest responsive and 
responsible bid of a foreign contractor by greater than 20 percent:  
Provided further, That this section shall not apply to contract awards 
for military construction on Kwajalein Atoll for which the lowest 
responsive and responsible bid is submitted by a Marshallese contractor.

    Sec. 113.  <<NOTE: Notification. Military exercise. Deadline.>> The 
Secretary of Defense shall inform the appropriate committees of both 
Houses of Congress, including the Committees on Appropriations, of plans 
and scope of any proposed military exercise involving United States 
personnel 30 days prior to its occurring, if amounts expended for 
construction, either temporary or permanent, are anticipated to exceed 
$100,000.

    Sec. 114.  Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 115.  Not more than 20 percent of the funds made available in 
this title which are limited for obligation during the current fiscal 
year shall be obligated during the last 2 months of the fiscal year.
    Sec. 116.  For military construction or family housing projects that 
are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 117.  Notwithstanding any other provision of law, any funds 
made available to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were made available, if 
the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.

[[Page 127 STAT. 391]]

                      (including transfer of funds)

    Sec. 118.  In addition to any other transfer authority available to 
the Department of Defense, proceeds deposited to the Department of 
Defense Base Closure Account established by section 207(a)(1) of the 
Defense Authorization Amendments and Base Closure and Realignment Act 
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may 
be transferred to the account established by section 2906(a)(1) of the 
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
to be merged with, and to be available for the same purposes and the 
same time period as that account.

                      (including transfer of funds)

    Sec. 119.  <<NOTE: Deadline. Notification.>> Subject to 30 days 
prior notification, or 14 days for a notification provided in an 
electronic medium pursuant to sections 480 and 2883 of title 10, United 
States Code, to the Committees on Appropriations of both Houses of 
Congress, such additional amounts as may be determined by the Secretary 
of Defense may be transferred to: (1) the Department of Defense Family 
Housing Improvement Fund from amounts appropriated for construction in 
``Family Housing'' accounts, to be merged with and to be available for 
the same purposes and for the same period of time as amounts 
appropriated directly to the Fund; or (2) the Department of Defense 
Military Unaccompanied Housing Improvement Fund from amounts 
appropriated for construction of military unaccompanied housing in 
``Military Construction'' accounts, to be merged with and to be 
available for the same purposes and for the same period of time as 
amounts appropriated directly to the Fund:  Provided, That 
appropriations made available to the Funds shall be available to cover 
the costs, as defined in section 502(5) of the Congressional Budget Act 
of 1974, of direct loans or loan guarantees issued by the Department of 
Defense pursuant to the provisions of subchapter IV of chapter 169 of 
title 10, United States Code, pertaining to alternative means of 
acquiring and improving military family housing, military unaccompanied 
housing, and supporting facilities.

                      (including transfer of funds)

    Sec. 120.  In addition to any other transfer authority available to 
the Department of Defense, amounts may be transferred from the accounts 
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base 
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund 
established by section 1013(d) of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Program incurred 
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged 
with and be available for the same purposes and for the same time period 
as the fund to which transferred.
    Sec. 121.  <<NOTE: 10 USC 2821 note.>> Notwithstanding any other 
provision of law, funds made available in this title for operation and 
maintenance of family housing shall be the exclusive source of funds for 
repair and maintenance of all family housing units, including general or 
flag officer quarters:  Provided, 
That <<NOTE: Deadline. Notification.>> not more than $35,000 per unit 
may be spent annually for the maintenance and repair of any general

[[Page 127 STAT. 392]]

or flag officer quarters without 30 days prior notification, or 14 days 
for a notification provided in an electronic medium pursuant to sections 
480 and 2883 of title 10, United States Code, to the Committees on 
Appropriations of both Houses of Congress, except that an after-the-fact 
notification shall be submitted if the limitation is exceeded solely due 
to costs associated with environmental remediation that could not be 
reasonably anticipated at the time of the budget submission:  
Provided <<NOTE: Reports. Deadline.>>  further, That the Under Secretary 
of Defense (Comptroller) is to report annually to the Committees on 
Appropriations of both Houses of Congress all operation and maintenance 
expenditures for each individual general or flag officer quarters for 
the prior fiscal year.

    Sec. 122.  Amounts contained in the Ford Island Improvement Account 
established by subsection (h) of section 2814 of title 10, United States 
Code, are appropriated and shall be available until expended for the 
purposes specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section.
    Sec. 123.  <<NOTE: Certification.>> None of the funds made available 
in this title, or in any Act making appropriations for military 
construction which remain available for obligation, may be obligated or 
expended to carry out a military construction, land acquisition, or 
family housing project at or for a military installation approved for 
closure, or at a military installation for the purposes of supporting a 
function that has been approved for realignment to another installation, 
in 2005 under the Defense Base Closure and Realignment Act of 1990 (part 
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), unless such 
a project at a military installation approved for realignment will 
support a continuing mission or function at that installation or a new 
mission or function that is planned for that installation, or unless the 
Secretary of Defense certifies that the cost to the United States of 
carrying out such project would be less than the cost to the United 
States of cancelling such project, or if the project is at an active 
component base that shall be established as an enclave or in the case of 
projects having multi-agency use, that another Government agency has 
indicated it will assume ownership of the completed project. The 
Secretary of Defense may not transfer funds made available as a result 
of this limitation from any military construction project, land 
acquisition, or family housing project to another account or use such 
funds for another purpose or project without the prior approval of the 
Committees on Appropriations of both Houses of Congress. This section 
shall not apply to military construction projects, land acquisition, or 
family housing projects for which the project is vital to the national 
security or the protection of health, safety, or 
environmental <<NOTE: Notification. Deadline.>> quality:  Provided, That 
the Secretary of Defense shall notify the congressional defense 
committees within seven days of a decision to carry out such a military 
construction project.

                      (including transfer of funds)

    Sec. 124.  <<NOTE: Time period. Determination.>> During the 5-year 
period after appropriations available in this Act to the Department of 
Defense for military construction and family housing operation and 
maintenance and construction have expired for obligation, upon a 
determination that such appropriations will not be necessary for the 
liquidation of obligations or for making authorized adjustments to such 
appropriations for

[[Page 127 STAT. 393]]

obligations incurred during the period of availability of such 
appropriations, unobligated balances of such appropriations may be 
transferred into the appropriation ``Foreign Currency Fluctuations, 
Construction, Defense'', to be merged with and to be available for the 
same time period and for the same purposes as the appropriation to which 
transferred.

    Sec. 125.  None of the funds made available by this Act may be used 
by the Secretary of Defense to take beneficial occupancy of more than 
2,500 parking spaces (other than handicap-reserved spaces) to be 
provided by the BRAC 133 <<NOTE: Waiver authority. Certification. Time 
period. Notification. Deadline.>> project:  Provided, That this 
limitation may be waived in part if: (1) the Secretary of Defense 
certifies to Congress that levels of service at existing intersections 
in the vicinity of the project have not experienced failing levels of 
service as defined by the Transportation Research Board Highway Capacity 
Manual over a consecutive 90-day period; (2) the Department of Defense 
and the Virginia Department of Transportation agree on the number of 
additional parking spaces that may be made available to employees of the 
facility subject to continued 90-day traffic monitoring; and (3) the 
Secretary of Defense notifies the congressional defense committees in 
writing at least 14 days prior to exercising this waiver of the number 
of additional parking spaces to be made available.

    Sec. 126.  <<NOTE: Colorado.>> None of the funds made available by 
this Act may be used for any action that relates to or promotes the 
expansion of the boundaries or size of the Pinon Canyon Maneuver Site, 
Colorado.

    Sec. 127.  Amounts appropriated or otherwise made available in an 
account funded under the headings in this title may be transferred among 
projects and activities within the account in accordance with the 
reprogramming guidelines for military construction and family housing 
construction contained in Department of Defense Financial Management 
Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in 
effect on the date of enactment of this Act.
    Sec. 128. (a) Except as provided in subsection (b), none of the 
funds made available in this Act may be used by the Secretary of the 
Army to relocate a unit in the Army that--
            (1) performs a testing mission or function that is not 
        performed by any other unit in the Army and is specifically 
        stipulated in title 10, United States Code; and
            (2) is located at a military installation at which the total 
        number of civilian employees of the Department of the Army and 
        Army contractor personnel employed exceeds 10 percent of the 
        total number of members of the regular and reserve components of 
        the Army assigned to the installation.

    (b) <<NOTE: Certification.>>  Exception.--Subsection (a) shall not 
apply if the Secretary of the Army certifies to the congressional 
defense committees that in proposing the relocation of the unit of the 
Army, the Secretary complied with Army Regulation 5-10 relating to the 
policy, procedures, and responsibilities for Army stationing actions.

    Sec. 129.  Notwithstanding any other provision of law, none of the 
funds made available to the Department of Defense for military 
construction in this or any other Act, may be obligated or expended for 
planning and design and construction of projects at Arlington National 
Cemetery.

[[Page 127 STAT. 394]]

                     (including rescission of funds)

    Sec. 130.  Of the unobligated balances available for ``Military 
Construction, Defense-Wide'', from prior appropriations Acts, 
$20,000,000 are hereby cancelled:  Provided, That no amounts may be 
cancelled from amounts that were designated by Congress as an emergency 
requirement or for Overseas Contingency Operations/Global War on 
Terrorism pursuant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                     (including rescission of funds)

    Sec. 131.  Of the unobligated balances available for ``Department of 
Defense Base Closure Account 2005'', from prior appropriations Acts, 
$132,513,000 are hereby cancelled:  Provided, That no amounts may be 
cancelled from amounts that were designated by Congress as an emergency 
requirement or for Overseas Contingency Operations/Global War on 
Terrorism pursuant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                      (including transfer of funds)

    Sec. 132.  Of the proceeds credited to the Department of Defense 
Family Housing Improvement Fund pursuant to subsection (c)(1)(C) of 
section 2883 of title 10, United States Code, from a Department of Navy 
land conveyance, the Secretary of Defense shall transfer $10,500,000 to 
the Secretary of the Navy under paragraph (3) of subsection (d) of such 
section for use by the Secretary of the Navy as provided in paragraph 
(1) of such subsection until expended.

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                        compensation and pensions

                      (including transfer of funds)

    For the payment of compensation benefits to or on behalf of veterans 
and a pilot program for disability examinations as authorized by section 
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United 
States Code; pension benefits to or on behalf of veterans as authorized 
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and 
burial benefits, the Reinstated Entitlement Program for Survivors, 
emergency and other officers' retirement pay, adjusted-service credits 
and certificates, payment of premiums due on commercial life insurance 
policies guaranteed under the provisions of title IV of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for 
other benefits as authorized by sections 107, 1312, 1977, and 2106, and 
chapters 23, 51, 53, 55, and 61 of title 38, United States Code, 
$60,599,855,000, to remain available until expended:  Provided, That not 
to exceed $9,204,000 of the amount appropriated under this heading shall

[[Page 127 STAT. 395]]

be reimbursed to ``General operating expenses, Veterans Benefits 
Administration'', ``Medical support and compliance'', and ``Information 
technology systems'' for necessary expenses in implementing the 
provisions of chapters 51, 53, and 55 of title 38, United States Code, 
the funding source for which is specifically provided as the 
``Compensation and pensions'' appropriation:  Provided further, That 
such sums as may be earned on an actual qualifying patient basis, shall 
be reimbursed to ``Medical care collections fund'' to augment the 
funding of individual medical facilities for nursing home care provided 
to pensioners as authorized.

                          readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or on 
behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36, 
39, 41, 51, 53, 55, and 61 of title 38, United States Code, and for the 
payment of benefits under the Veterans Retraining Assistance Program, 
$12,023,458,000, to remain available until expended:  Provided, That 
expenses for rehabilitation program services and assistance which the 
Secretary is authorized to provide under subsection (a) of section 3104 
of title 38, United States Code, other than under paragraphs (1), (2), 
(5), and (11) of that subsection, shall be charged to this account.

                   veterans insurance and indemnities

    For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by chapters 19 and 21, 
title 38, United States Code, $104,600,000, to remain available until 
expended.

                  veterans housing benefit program fund

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by subchapters I 
through III of chapter 37 of title 38, United States Code:  Provided, 
That such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974:  
Provided further, That during fiscal year 2013, within the resources 
available, not to exceed $500,000 in gross obligations for direct loans 
are authorized for specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, $157,814,000.

             vocational rehabilitation loans program account

    For the cost of direct loans, $19,000, as authorized by chapter 31 
of title 38, United States Code:  Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974:  Provided further, That funds made 
available under this heading are available to subsidize gross 
obligations for the principal amount of direct loans not to exceed 
$2,729,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $346,000, which may be paid to the

[[Page 127 STAT. 396]]

appropriation for ``General operating expenses, Veterans Benefits 
Administration''.

          native american veteran housing loan program account

    For administrative expenses to carry out the direct loan program 
authorized by subchapter V of chapter 37 of title 38, United States 
Code, $1,089,000.

                     Veterans Health Administration

                            medical services

    For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of the 
Department of Veterans Affairs and veterans described in section 1705(a) 
of title 38, United States Code, including care and treatment in 
facilities not under the jurisdiction of the Department, and including 
medical supplies and equipment, bioengineering services, food services, 
and salaries and expenses of healthcare employees hired under title 38, 
United States Code, aid to State homes as authorized by section 1741 of 
title 38, United States Code, assistance and support services for 
caregivers as authorized by section 1720G of title 38, United States 
Code, loan repayments authorized by section 604 of the Caregivers and 
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124 
Stat. 1174; 38 U.S.C. 7681 note), and hospital care and medical services 
authorized by section 1787 of title 38, United States Code; 
$155,000,000, which shall be in addition to funds previously 
appropriated under this heading that become available on October 1, 
2012; and in addition, $43,557,000,000, plus reimbursements, shall 
become available on October 1, 2013, and shall remain available until 
September 30, 2014:  Provided, 
That <<NOTE: Priorities.>> notwithstanding any other provision of law, 
the Secretary of Veterans Affairs shall establish a priority for the 
provision of medical treatment for veterans who have service-connected 
disabilities, lower income, or have <<NOTE: Priorities.>> special needs: 
 Provided further, That notwithstanding any other provision of law, the 
Secretary of Veterans Affairs shall give priority funding for the 
provision of basic medical benefits to veterans in enrollment priority 
groups 1 <<NOTE: Drugs and drug abuse. Requirements.>> through 6:  
Provided further, That notwithstanding any other provision of law, the 
Secretary of Veterans Affairs may authorize the dispensing of 
prescription drugs from Veterans Health Administration facilities to 
enrolled veterans with privately written prescriptions based on 
requirements established by the Secretary:  Provided further, That the 
implementation of the program described in the previous proviso shall 
incur no additional cost to the Department of Veterans Affairs.

                     medical support and compliance

    For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
capital policy activities; and administrative and legal expenses of the 
Department for collecting and recovering amounts owed the Department as 
authorized under chapter 17 of title 38, United States Code, and the 
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.); 
$6,033,000,000, plus reimbursements, shall

[[Page 127 STAT. 397]]

become available on October 1, 2013, and shall remain available until 
September 30, 2014.

                           medical facilities

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, domiciliary facilities, and other necessary 
facilities of the Veterans Health Administration; for administrative 
expenses in support of planning, design, project management, real 
property acquisition and disposition, construction, and renovation of 
any facility under the jurisdiction or for the use of the Department; 
for oversight, engineering, and architectural activities not charged to 
project costs; for repairing, altering, improving, or providing 
facilities in the several hospitals and homes under the jurisdiction of 
the Department, not otherwise provided for, either by contract or by the 
hire of temporary employees and purchase of materials; for leases of 
facilities; and for laundry services, $4,872,000,000, plus 
reimbursements, shall become available on October 1, 2013, and shall 
remain available until September 30, 2014.

                     medical and prosthetic research

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of title 
38, United States Code, $582,674,000, plus reimbursements, shall remain 
available until September 30, 2014.

                    National Cemetery Administration

    For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; hire of passenger motor vehicles; and repair, alteration or 
improvement of facilities under the jurisdiction of the National 
Cemetery Administration, $258,284,000, of which not to exceed 
$25,828,000 shall remain available until September 30, 2014: 
<<NOTE: Strategy. Urban and rural areas.>> Provided, That none of the 
funds under this heading may be used to expand the Urban Initiative 
project beyond those sites outlined in the fiscal year 2012 or previous 
budget submissions or any other rural strategy, other than the Rural 
Initiative included in the fiscal year 2013 budget submission, until the 
Secretary of Veterans Affairs submits to the Committees on 
Appropriations of both Houses of Congress a strategy to serve the burial 
needs of veterans residing in rural and highly rural areas and that 
strategy has been approved by the Committees:  Provided further, That 
the strategy shall include: (1) A review of previous policies of the 
National Cemetery Administration regarding establishment of new national 
cemeteries, including whether the guidelines of the Administration for 
establishing national cemetery annexes remain valid; (2) Data 
identifying the number of and geographic areas where rural veterans are 
not currently served by national or existing State cemeteries and 
identification of areas with the largest unserved populations, broken 
down by veterans residing in urban versus rural and highly rural; (3) 
Identification of the number of veterans who reside within the 75-mile 
radius of a cemetery that is limited to cremations or of a State 
cemetery

[[Page 127 STAT. 398]]

which has residency restrictions, as well as an examination of how many 
communities that fall under a 75-mile radius have an actual driving 
distance greater than 75 miles; (4) Reassessment of the gaps in service, 
factoring in the above conditions that limit rural and highly rural 
veteran burial options; (5) An assessment of the adequacy of the policy 
of the Administration on establishing new cemeteries proposed in the 
fiscal year 2013 budget request; (6) Recommendations for an appropriate 
policy on new national cemeteries to serve rural or highly rural areas; 
(7) Development of a national map showing the locations and number of 
all unserved veterans; and (8) A time line for the implementation of 
such strategy and cost estimates for using the strategy to establish new 
burial sites in at least five rural or highly <<NOTE: Review.>> rural 
locations:  Provided further, That the Comptroller General of the United 
States shall review the strategy to ensure that it includes the elements 
listed above:  Provided further, That this <<NOTE: Deadline.>> strategy 
shall be submitted no later than 180 days after the 
date <<NOTE: Guidelines.>> of enactment of this Act:  Provided further, 
That the Secretary of Veterans Affairs shall issue guidelines on 
committal services held at cemeteries under the jurisdiction of the 
National Cemetery Administration to ensure that: (1) veterans' families 
may arrange to hold committal services with any religious or secular 
content they desire; (2) the choice by a family of an honor guard and 
the content and presentation of military honors may not be interfered 
with; and (3) attendance at committal services by outside organizations 
dedicated to the support of veterans will not be constrained except at 
the request of family members:  Provided further, That the Department 
shall not edit, control, or exercise prior restraints on the content of 
religious speech and expression by speakers at events at veterans 
national cemeteries except as provided in section 2413 of title 38, 
United States Code:  Provided further, That actions permitted by the 
foregoing provisos shall be subject to compliance with Department 
security, safety, and law enforcement regulations.

                       Departmental Administration

                         general administration

                      (including transfer of funds)

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of Department-Wide capital planning, management and policy 
activities, uniforms, or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, $424,737,000, of which not to exceed 
$20,837,000 shall remain available until September 30, 2014:  Provided, 
That the Board of Veterans Appeals shall be funded at not less than 
$86,006,000:  Provided further, That of the funds made available under 
this heading, such sums as may be necessary shall be available to the 
Secretary of Veterans Affairs to comply with the Department's energy 
management requirements under section 543(f)(7) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(f)(7)):  Provided further, That 
funds provided under this heading may be transferred to ``General 
operating expenses, Veterans Benefits Administration''.

[[Page 127 STAT. 399]]

      general operating expenses, veterans benefits administration

    For necessary operating expenses of the Veterans Benefits 
Administration, not otherwise provided for, including hire of passenger 
motor vehicles, reimbursement of the General Services Administration for 
security guard services, and reimbursement of the Department of Defense 
for the cost of overseas employee mail, $2,164,074,000:  Provided, That 
expenses <<NOTE: Determination.>> for services and assistance authorized 
under paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, 
United States Code, that the Secretary of Veterans Affairs determines 
are necessary to enable entitled veterans: (1) to the maximum extent 
feasible, to become employable and to obtain and maintain suitable 
employment; or (2) to achieve maximum independence in daily living, 
shall be charged to this account:  Provided further, That of the funds 
made available under this heading, not to exceed $113,000,000 shall 
remain available until September 30, 2014.

                     information technology systems

                      (including transfer of funds)

    For necessary expenses for information technology systems and 
telecommunications support, including developmental information systems 
and operational information systems; for pay and associated costs; and 
for the capital asset acquisition of information technology systems, 
including management and related contractual costs of said acquisitions, 
including contractual costs associated with operations authorized by 
section 3109 of title 5, United States Code, $3,327,444,000, plus 
reimbursements:  Provided, That $1,021,000,000 shall be for pay and 
associated costs, of which not to exceed $30,630,000 shall remain 
available until September 30, 2014:  Provided further, That 
$1,812,045,000 shall be for operations and maintenance, of which not to 
exceed $126,000,000 shall remain available until September 30, 2014:  
Provided further, That $494,399,000 shall be for information technology 
systems development, modernization, and enhancement, and shall remain 
available until September 30, 2014:  Provided further, 
That <<NOTE: Certification.>> amounts made available for information 
technology systems development, modernization, and enhancement may not 
be obligated or expended until the Secretary of Veterans Affairs or the 
Chief Information Officer of the Department of Veterans Affairs submits 
to the Committees on Appropriations of both Houses of Congress a 
certification of the amounts, in parts or in full, to be obligated and 
expended for each development project:  Provided further, That amounts 
made available for salaries and expenses, operations and maintenance, 
and information technology systems development, modernization, and 
enhancement may be transferred among the three sub-accounts after the 
Secretary of Veterans Affairs requests from the Committees on 
Appropriations of both Houses of Congress the authority to make the 
transfer and an approval is issued:  Provided further, That amounts made 
available for the ``Information technology systems'' account for 
development, modernization, and enhancement may be transferred between 
projects or to newly defined projects:  Provided <<NOTE: Time period.>>  
further, That no project may be increased or decreased by more than 
$1,000,000 of cost prior to submitting a request to the Committees on 
Appropriations of both Houses

[[Page 127 STAT. 400]]

of Congress to make the transfer and an approval is issued, or absent a 
response, a period of 30 days has elapsed:  Provided <<NOTE: Expenditure 
plan.>>  further, That of the funds provided for information technology 
systems development, modernization, and enhancement for the development 
of a joint Department of Defense--Department of Veterans Affairs (DOD-
VA) integrated electronic health record (iEHR), not more than 25 percent 
may be obligated until the DOD-VA Interagency Program Office submits to 
the Committees on Appropriations of both Houses of Congress, and such 
Committees approve, a plan for expenditure that: (1) defines the budget 
and cost baseline for development of the integrated Electronic Health 
Record; (2) identifies the deployment timeline for the system for both 
Agencies; (3) breaks out annual and total spending for each Department; 
(4) relays detailed cost-sharing business rules; (5) establishes data 
standardization schedules between the Departments; (6) has been 
submitted to the Government Accountability Office for review; and (7) 
complies with the acquisition rules, requirements, guidelines, and 
systems acquisition management practices of the Federal Government:  
Provided further, That the funds made available under this heading for 
information technology systems development, modernization, and 
enhancement, shall be for the projects, and in the amounts, specified 
under this heading in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act).

                       office of inspector general

    For necessary expenses of the Office of Inspector General, to 
include information technology, in carrying out the provisions of the 
Inspector General Act of 1978 (5 U.S.C. App.), $115,000,000, of which 
$6,000,000 shall remain available until September 30, 2014.

                      construction, major projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, or for any of the 
purposes set forth in sections 316, 2404, 2406, and chapter 81 of title 
38, United States Code, not otherwise provided for, including planning, 
architectural and engineering services, construction management 
services, maintenance or guarantee period services costs associated with 
equipment guarantees provided under the project, services of claims 
analysts, offsite utility and storm drainage system construction costs, 
and site acquisition, where the estimated cost of a project is more than 
the amount set forth in section 8104(a)(3)(A) of title 38, United States 
Code, or where funds for a project were made available in a previous 
major project appropriation, $532,470,000, of which $502,470,000 shall 
remain available until September 30, 2017, and of which $30,000,000 
shall remain available until expended:  Provided, That $5,000,000 shall 
be to make reimbursements as provided in section 7108 of title 41, 
United States Code, for claims paid for contract disputes:  Provided 
further, That except for advance planning activities, including needs 
assessments which may or may not lead to capital investments, and other 
capital asset management related activities, including portfolio 
development and management activities, and investment strategy studies 
funded through the advance

[[Page 127 STAT. 401]]

planning fund and the planning and design activities funded through the 
design fund, including needs assessments which may or may not lead to 
capital investments, and salaries and associated costs of the resident 
engineers who oversee those capital investments funded through this 
account, and funds provided for the purchase of land for the National 
Cemetery Administration through the land acquisition line item, none of 
the funds made available under this heading shall be used for any 
project which has not been approved by the Congress in 
the <<NOTE: Contracts. Deadlines.>> budgetary process:  Provided 
further, That funds made available under this heading for fiscal year 
2013, for each approved project shall be obligated: (1) by the awarding 
of a construction documents contract by September 30, 2013; and (2) by 
the awarding of a construction contract by September 30, 2014:  Provided 
further, That the <<NOTE: Reports.>> Secretary of Veterans Affairs shall 
promptly submit to the Committees on Appropriations of both Houses of 
Congress a written report on any approved major construction project for 
which obligations are not incurred within the time limitations 
established above.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, including planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm drainage 
system construction costs, and site acquisition, or for any of the 
purposes set forth in sections 316, 2404, 2406, and chapter 81 of title 
38, United States Code, not otherwise provided for, where the estimated 
cost of a project is equal to or less than the amount set forth in 
section 8104(a)(3)(A) of title 38, United States Code, $607,530,000, to 
remain available until September 30, 2017, along with unobligated 
balances of previous ``Construction, minor projects'' appropriations 
which are hereby made available for any project where the estimated cost 
is equal to or less than the amount set forth in such section:  
Provided, That funds made available under this heading shall be for: (1) 
repairs to any of the nonmedical facilities under the jurisdiction or 
for the use of the Department which are necessary because of loss or 
damage caused by any natural disaster or catastrophe; and (2) temporary 
measures necessary to prevent or to minimize further loss by such 
causes.

        grants for construction of state extended care facilities

    For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify, or alter 
existing hospital, nursing home, and domiciliary facilities in State 
homes, for furnishing care to veterans as authorized by sections 8131 
through 8137 of title 38, United States Code, $85,000,000, to remain 
available until expended.

             grants for construction of veterans cemeteries

    For grants to assist States and tribal governments in establishing, 
expanding, or improving veterans cemeteries as authorized

[[Page 127 STAT. 402]]

by section 2408 of title 38, United States Code, $46,000,000, to remain 
available until expended.

                        Administrative Provisions

                      (including transfer of funds)

    Sec. 201.  Any appropriation for fiscal year 2013 for ``Compensation 
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and 
indemnities'' may be transferred as necessary to any other of the 
mentioned <<NOTE: Authority request. Time period.>> appropriations:  
Provided, That before a transfer may take place, the Secretary of 
Veterans Affairs shall request from the Committees on Appropriations of 
both Houses of Congress the authority to make the transfer and such 
Committees issue an approval, or absent a response, a period of 30 days 
has elapsed.

                      (including transfer of funds)

    Sec. 202.  <<NOTE: Authority requests.>> Amounts made available for 
the Department of Veterans Affairs for fiscal year 2013, in this Act or 
any other Act, under the ``Medical services'', ``Medical support and 
compliance'', and ``Medical facilities'' accounts may be transferred 
among the accounts:  Provided, That any <<NOTE: Notification.>>  
transfers between the ``Medical services'' and ``Medical support and 
compliance'' accounts of 1 percent or less of the total amount 
appropriated to the account in this or any other Act may take place 
subject to notification from the Secretary of Veterans Affairs to the 
Committees on Appropriations of both Houses of Congress of the amount 
and purpose of the transfer:  Provided further, That any transfers 
between the ``Medical services'' and ``Medical support and compliance'' 
accounts in excess of 1 percent, or exceeding the cumulative 1 percent 
for the fiscal year, may take place only after the Secretary requests 
from the Committees on Appropriations of both Houses of Congress the 
authority to make the transfer and an approval is issued:  Provided 
further, That any transfers to or from the ``Medical facilities'' 
account may take place only after the Secretary requests from the 
Committees on Appropriations of both Houses of Congress the authority to 
make the transfer and an approval is issued.

    Sec. 203.  Appropriations available in this title for salaries and 
expenses shall be available for services authorized by section 3109 of 
title 5, United States Code; hire of passenger motor vehicles; lease of 
a facility or land or both; and uniforms or allowances therefore, as 
authorized by sections 5901 through 5902 of title 5, United States Code.
    Sec. 204.  No appropriations in this title (except the 
appropriations for ``Construction, major projects'', and ``Construction, 
minor projects'') shall be available for the purchase of any site for or 
toward the construction of any new hospital or home.
    Sec. 205.  No appropriations in this title shall be available for 
hospitalization or examination of any persons (except beneficiaries 
entitled to such hospitalization or examination under the laws providing 
such benefits to veterans, and persons receiving such treatment under 
sections 7901 through 7904 of title 5, United States Code, or the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.)), unless reimbursement of the cost of such hospitalization or 
examination is made

[[Page 127 STAT. 403]]

to the ``Medical services'' account at such rates as may be fixed by the 
Secretary of Veterans Affairs.
    Sec. 206.  Appropriations available in this title for ``Compensation 
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and 
indemnities'' shall be available for payment of prior year accrued 
obligations required to be recorded by law against the corresponding 
prior year accounts within the last quarter of fiscal year 2012.
    Sec. 207.  Appropriations available in this title shall be available 
to pay prior year obligations of corresponding prior year appropriations 
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, 
United States Code, except that if such obligations are from trust fund 
accounts they shall be payable only from ``Compensation and pensions''.

                      (including transfer of funds)

    Sec. 208.  <<NOTE: Reimbursement.>> Notwithstanding any other 
provision of law, during fiscal year 2013, the Secretary of Veterans 
Affairs shall, from the National Service Life Insurance Fund under 
section 1920 of title 38, United States Code, the Veterans' Special Life 
Insurance Fund under section 1923 of title 38, United States Code, and 
the United States Government Life Insurance Fund under section 1955 of 
title 38, United States Code, reimburse the ``General operating 
expenses, Veterans Benefits Administration'' and ``Information 
technology systems'' accounts for the cost of administration of the 
insurance programs financed through those accounts:  Provided, That 
reimbursement shall be made only from the surplus earnings accumulated 
in such an insurance program during fiscal year 2013 that are available 
for dividends in that program after claims have been paid and 
actuarially determined reserves have been set aside:  Provided further, 
That if the cost of administration of such an insurance program exceeds 
the amount of surplus earnings accumulated in that program, 
reimbursement shall be made only to the extent of 
such <<NOTE: Determination.>> surplus earnings:  Provided further, That 
the Secretary shall determine the cost of administration for fiscal year 
2013 which is properly allocable to the provision of each such insurance 
program and to the provision of any total disability income insurance 
included in that insurance program.

    Sec. 209.  Amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services, may be 
obligated during the fiscal year in which the proceeds are received.

                      (including transfer of funds)

    Sec. 210.  Funds available in this title or funds for salaries and 
other administrative expenses shall also be available to reimburse the 
Office of Resolution Management of the Department of Veterans Affairs 
and the Office of Employment Discrimination Complaint Adjudication under 
section 319 of title 38, United States Code, for all services provided 
at rates which will recover actual costs but not to exceed $42,904,000 
for the Office of Resolution Management and $3,360,000 for the Office of 
Employment and Discrimination Complaint Adjudication:  Provided, That 
payments may be made in advance for services to be furnished based on 
estimated costs:  Provided further, That amounts received shall be

[[Page 127 STAT. 404]]

credited to the ``General administration'' and ``Information technology 
systems'' accounts for use by the office that provided the service.
    Sec. 211.  <<NOTE: Contracts. Reports. Deadline.>> No appropriations 
in this title shall be available to enter into any new lease of real 
property if the estimated annual rental cost is more than $1,000,000, 
unless the Secretary submits a report which the Committees on 
Appropriations of both Houses of Congress approve within 30 days 
following the date on which the report is received.

    Sec. 212.  No funds of the Department of Veterans Affairs shall be 
available for hospital care, nursing home care, or medical services 
provided to any person under chapter 17 of title 38, United States Code, 
for a non-service-connected disability described in section 1729(a)(2) 
of such title, unless that person has disclosed to the Secretary of 
Veterans Affairs, in such form as the Secretary may require, current, 
accurate third-party reimbursement information for purposes of section 
1729 of such title:  Provided, That the Secretary may recover, in the 
same manner as any other debt due the United States, the reasonable 
charges for such care or services from any person who does not make such 
disclosure as required:  Provided further, That any amounts so recovered 
for care or services provided in a prior fiscal year may be obligated by 
the Secretary during the fiscal year in which amounts are received.

                      (including transfer of funds)

    Sec. 213.  Notwithstanding any other provision of law, proceeds or 
revenues derived from enhanced-use leasing activities (including 
disposal) may be deposited into the ``Construction, major projects'' and 
``Construction, minor projects'' accounts and be used for construction 
(including site acquisition and disposition), alterations, and 
improvements of any medical facility under the jurisdiction or for the 
use of the Department of Veterans Affairs. Such sums as realized are in 
addition to the amount provided for in ``Construction, major projects'' 
and ``Construction, minor projects''.
    Sec. 214.  Amounts made available under ``Medical services'' are 
available--
            (1) for furnishing recreational facilities, supplies, and 
        equipment; and
            (2) for funeral expenses, burial expenses, and other 
        expenses incidental to funerals and burials for beneficiaries 
        receiving care in the Department.

                      (including transfer of funds)

    Sec. 215.  Such sums as may be deposited to the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, may be transferred to ``Medical services'', to remain available 
until expended for the purposes of that account.
    Sec. 216.  <<NOTE: Contracts. Native Americans.>> The Secretary of 
Veterans Affairs may enter into agreements with Indian tribes and tribal 
organizations which are party to the Alaska Native Health Compact with 
the Indian Health Service, and Indian tribes and tribal organizations 
serving rural Alaska which have entered into contracts with the Indian 
Health Service under the Indian Self Determination and Educational 
Assistance Act, to provide healthcare, including behavioral health and 
dental care. The <<NOTE: Requirements. Regulations.>> Secretary shall 
require participating veterans and facilities to comply with all 
appropriate rules and regulations,

[[Page 127 STAT. 405]]

as established by the Secretary. The <<NOTE: Definition.>>  term ``rural 
Alaska'' shall mean those lands sited within the external boundaries of 
the Alaska Native regions specified in sections 7(a)(1)-(4) and (7)-(12) 
of the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606), 
and those lands within the Alaska Native regions specified in sections 
7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement Act, as 
amended (43 U.S.C. 1606), which are not within the boundaries of the 
municipality of Anchorage, the Fairbanks North Star Borough, the Kenai 
Peninsula Borough or the Matanuska Susitna Borough.

                      (including transfer of funds)

    Sec. 217.  Such sums as may be deposited to the Department of 
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 
38, United States Code, may be transferred to the ``Construction, major 
projects'' and ``Construction, minor projects'' accounts, to remain 
available until expended for the purposes of these accounts.
    Sec. 218.  None of the funds made available in this title may be 
used to implement any policy prohibiting the Directors of the Veterans 
Integrated Services Networks from conducting outreach or marketing to 
enroll new veterans within their respective Networks.
    Sec. 219.  <<NOTE: Deadlines. Reports.>> The Secretary of Veterans 
Affairs shall submit to the Committees on Appropriations of both Houses 
of Congress a quarterly report on the financial status of the Veterans 
Health Administration.

                      (including transfer of funds)

    Sec. 220.  Amounts made available under the ``Medical services'', 
``Medical support and compliance'', ``Medical facilities'', ``General 
operating expenses, Veterans Benefits Administration'', ``General 
administration'', and ``National Cemetery Administration'' accounts for 
fiscal year 2013, may be transferred to or from the ``Information 
technology systems'' account:  Provided, <<NOTE: Authority 
request.>> That before a transfer may take place, the Secretary of 
Veterans Affairs shall request from the Committees on Appropriations of 
both Houses of Congress the authority to make the transfer and an 
approval is issued.

    Sec. 221.  None of the funds appropriated or otherwise made 
available by this Act or any other Act for the Department of Veterans 
Affairs may be used in a manner that is inconsistent with: (1) section 
842 of the Transportation, Treasury, Housing and Urban Development, the 
Judiciary, the District of Columbia, and Independent Agencies 
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2) 
section 8110(a)(5) of title 38, United States Code.
    Sec. 222.  Of the amounts made available to the Department of 
Veterans Affairs for fiscal year 2013, in this Act or any other Act, 
under the ``Medical facilities'' account for nonrecurring maintenance, 
not more than 20 percent of the funds made available shall be obligated 
during the last 2 months of that fiscal year:  Provided, 
That <<NOTE: Waiver authority. Notification.>> the Secretary may waive 
this requirement after providing written notice to the Committees on 
Appropriations of both Houses of Congress.

[[Page 127 STAT. 406]]

                      (including transfer of funds)

    Sec. 223.  Of the amounts appropriated to the Department of Veterans 
Affairs for fiscal year 2013 for ``Medical services'', ``Medical support 
and compliance'', ``Medical facilities'', ``Construction, minor 
projects'', and ``Information technology systems'', up to $247,356,000, 
plus reimbursements, may be transferred to the Joint Department of 
Defense-Department of Veterans Affairs Medical Facility Demonstration 
Fund, established by section 1704 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be 
used for operation of the facilities designated as combined Federal 
medical facilities as described by section 706 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4500):  Provided, <<NOTE: Notification.>> That additional 
funds may be transferred from accounts designated in this section to the 
Joint Department of Defense-Department of Veterans Affairs Medical 
Facility Demonstration Fund upon written notification by the Secretary 
of Veterans Affairs to the Committees on Appropriations of both Houses 
of Congress.

                      (including transfer of funds)

    Sec. 224.  Such sums as may be deposited to the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, for healthcare provided at facilities designated as combined 
Federal medical facilities as described by section 706 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer 
to the Joint Department of Defense-Department of Veterans Affairs 
Medical Facility Demonstration Fund, established by section 1704 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571); and (2) for operations of the facilities designated 
as combined Federal medical facilities as described by section 706 of 
the Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110-417; 122 Stat. 4500).

                      (including transfer of funds)

    Sec. 225.  Of the amounts available in this title for ``Medical 
services'', ``Medical support and compliance'', and ``Medical 
facilities'', a minimum of $15,000,000, shall be transferred to the DOD-
VA Health Care Sharing Incentive Fund, as authorized by section 8111(d) 
of title 38, United States Code, to remain available until expended, for 
any purpose authorized by section 8111 of title 38, United States Code.

                    (including rescissions of funds)

    Sec. 226. (a) Of the funds appropriated in title II of division H of 
Public Law 112-74, the following amounts which became available on 
October 1, 2012, are hereby rescinded from the following accounts in the 
amounts specified:
            (1) ``Department of Veterans Affairs, Medical services'', 
        $1,500,000,000.
            (2) ``Department of Veterans Affairs, Medical support and 
        compliance'', $200,000,000.

[[Page 127 STAT. 407]]

            (3) ``Department of Veterans Affairs, Medical facilities'', 
        $250,000,000.

    (b) In addition to amounts provided elsewhere in this Act, an 
additional amount is appropriated to the following accounts in the 
amounts specified to remain available until September 30, 2014:
    (1) ``Department of Veterans Affairs, Medical services'', 
$1,500,000,000.
    (2) ``Department of Veterans Affairs, Medical support and 
compliance'', $200,000,000.
    (3) ``Department of Veterans Affairs, Medical facilities'', 
$250,000,000.
    Sec. 227.  <<NOTE: Notifications. Contracts. Deadlines.>> The 
Secretary of the Department of Veterans Affairs shall notify the 
Committees on Appropriations of both Houses of Congress of all bid 
savings in major construction projects that total at least $5,000,000, 
or 5 percent of the programmed amount of the project, whichever is less: 
 Provided, That such notification shall occur within 14 days of a 
contract identifying the programmed amount:  Provided further, That the 
Secretary shall notify the Committees on Appropriations of both Houses 
of Congress 14 days prior to the obligation of such bid savings and 
shall describe the anticipated use of such savings.

    Sec. 228.  The scope of work for a project included in 
``Construction, major projects'' may not be increased above the scope 
specified for that project in the original justification data provided 
to the Congress as part of the request for appropriations.
    Sec. 229.  <<NOTE: Deadlines. Notification.>> The Secretary of the 
Department of Veterans Affairs shall provide on a quarterly basis to the 
Committees on Appropriations of both Houses of Congress notification of 
any single national outreach and awareness marketing campaign in which 
obligations exceed $2,000,000.

    Sec. 230.  <<NOTE: Reprogramming request.>> The Secretary shall 
submit to the Committees on Appropriations of both Houses of Congress a 
reprogramming request if at any point during fiscal year 2013, the 
funding allocated for a medical care initiative identified in the fiscal 
year 2013 expenditure plan is adjusted by more than $25,000,000 from the 
allocation shown in the corresponding congressional budget 
justification. Such <<NOTE: Time period.>>  a reprogramming request may 
go forward only if the Committees on Appropriations of both Houses of 
Congress approve the request or if a period of 14 days has elapsed.

    Sec. 231.  <<NOTE: Contracts.>> None of the funds made available in 
this Act may be used to enter into a contract using procedures that do 
not give to small business concerns owned and controlled by veterans (as 
that term is defined in section 3(q)(3) of the Small Business Act (15 
U.S.C. 632(q)(3)) that are included in the database under section 
8127(f) of title 38, United States Code, any preference available with 
respect to such contract, except for a preference given to small 
business concerns owned and controlled by service-disabled veterans (as 
defined in section 3(q)(2) of the Small Business Act (15 U.S.C. 
632(q)(2)).

    Sec. 232.  Funds made available under the heading ``Medical 
services'' in title II of division H of Public Law 112-74 may be used to 
carry out section 1787 of title 38, United States Code.

[[Page 127 STAT. 408]]

                                TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission

                          salaries and expenses

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, including the acquisition of land or 
interest in land in foreign countries; purchases and repair of uniforms 
for caretakers of national cemeteries and monuments outside of the 
United States and its territories and possessions; rent of office and 
garage space in foreign countries; purchase (one-for-one replacement 
basis only) and hire of passenger motor vehicles; not to exceed $7,500 
for official reception and representation expenses; and insurance of 
official motor vehicles in foreign countries, when required by law of 
such countries, $62,929,000, to remain available until expended.

                  foreign currency fluctuations account

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, such sums as may be necessary, to remain 
available until expended, for purposes authorized by section 2109 of 
title 36, United States Code.

           United States Court of Appeals for Veterans Claims

                          salaries and expenses

    For necessary expenses for the operation of the United States Court 
of Appeals for Veterans Claims as authorized by sections 7251 through 
7298 of title 38, United States Code, $32,481,000:  Provided, That 
$2,726,000 shall be available for the purpose of providing financial 
assistance as described, and in accordance with the process and 
reporting procedures set forth, under this heading in Public Law 102-
229.

                      Department of Defense--Civil

                        Cemeterial Expenses, Army

                          salaries and expenses

    For necessary expenses for maintenance, operation, and improvement 
of Arlington National Cemetery and Soldiers' and Airmen's Home National 
Cemetery, including the purchase or lease of passenger motor vehicles 
for replacement on a one-for-one basis only, and not to exceed $1,000 
for official reception and representation expenses, $65,800,000, of 
which not to exceed $27,000,000 shall remain available until September 
30, 2015. In addition, such sums as may be necessary for parking 
maintenance, repairs and replacement, to be derived from the ``Lease of 
Department of Defense Real Property for Defense Agencies'' account.

[[Page 127 STAT. 409]]

                              construction

    For necessary expenses for planning and design and construction at 
Arlington National Cemetery and Soldiers' and Airmen's Home National 
Cemetery, $103,000,000, to remain available until September 30, 2017, of 
which, $84,000,000 shall be for planning and design and construction 
associated with the Millennium Project at Arlington National Cemetery; 
and $19,000,000 shall be for study, planning, design, and architect and 
engineer services for future expansion of burial space at Arlington 
National Cemetery.

                      Armed Forces Retirement Home

                               trust fund

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington, 
District of Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi, to be paid from funds available in the Armed Forces 
Retirement Home Trust Fund, $67,590,000, of which $2,000,000 shall 
remain available until expended for construction and renovation of the 
physical plants at the Armed Forces Retirement Home--Washington, 
District of Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi.

                        Administrative Provision

    Sec. 301.  Funds appropriated in this Act under the heading, 
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be 
provided to Arlington County, Virginia, for the relocation of the 
federally owned water main at Arlington National Cemetery, making 
additional land available for ground burials.

                                TITLE IV

                     OVERSEAS CONTINGENCY OPERATIONS

                          Department of Defense

              Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy and 
Marine Corps'', $150,768,000, to remain available until September 30, 
2013:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                        Administrative Provision

                     (including rescission of funds)

    Sec. 401.  Of the unobligated balances in section 2005 in title X, 
of Public Law 112-10 and division H in title IV of Public Law 112-74, 
$150,768,000 are hereby rescinded:  Provided, That such amount is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

[[Page 127 STAT. 410]]

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  None of the funds made available in this Act may be used 
for any program, project, or activity, when it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 503.  <<NOTE: Lobbying.>>  No part of any funds appropriated in 
this Act shall be used by an agency of the executive branch, other than 
for normal and recognized executive-legislative relationships, for 
publicity or propaganda purposes, and for the preparation, distribution, 
or use of any kit, pamphlet, booklet, publication, radio, television, or 
film presentation designed to support or defeat legislation pending 
before Congress, except in presentation to Congress itself.

    Sec. 504.  All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory authorities and 
funding, to expand their use of ``E-Commerce'' technologies and 
procedures in the conduct of their business practices and public service 
activities.
    Sec. 505.  <<NOTE: Submissions.>>  Unless stated otherwise, all 
reports and notifications required by this Act shall be submitted to the 
Subcommittee on Military Construction and Veterans Affairs, and Related 
Agencies of the Committee on Appropriations of the House of 
Representatives and the Subcommittee on Military Construction and 
Veterans Affairs, and Related Agencies of the Committee on 
Appropriations of the Senate.

    Sec. 506.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this or any other appropriations Act.
    Sec. 507.  None of the funds made available in this Act may be used 
for a project or program named for an individual serving as a Member, 
Delegate, or Resident Commissioner of the United States House of 
Representatives.
    Sec. 508. <<NOTE: Web posting. Public 
information. Reports. Determination.>>  (a) Any agency receiving funds 
made available in this Act, shall, subject to subsections (b) and (c), 
post on the public website of that agency any report required to be 
submitted by the Congress in this or any other Act, upon the 
determination by the head of the agency that it shall serve the national 
interest.

    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains confidential or proprietary 
        information.

    (c) <<NOTE: Time period.>> The head of the agency posting such 
report shall do so only after such report has been made available to the 
requesting Committee or Committees of Congress for no less than 45 days.

    Sec. 509. <<NOTE: Pornography.>>  (a) None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless

[[Page 127 STAT. 411]]

such network blocks the viewing, downloading, and exchanging of 
pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 510.  <<NOTE: ACORN.>>  None of the funds made available in 
this Act may be distributed to the Association of Community 
Organizations for Reform Now (ACORN) or its subsidiaries or successors.

    Sec. 511. (a) In General.--None of 
the <<NOTE: Detainees. Cuba.>> funds appropriated or otherwise made 
available to the Department of Defense in this Act may be used to 
construct, renovate, or expand any facility in the United States, its 
territories, or possessions to house any individual detained at United 
States Naval Station, Guantanamo Bay, Cuba, for the purposes of 
detention or imprisonment in the custody or under the control of the 
Department of Defense.

    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

    Sec. 512.  None of the funds appropriated or otherwise made 
available in this Act may be used by an agency of the executive branch 
to pay for first-class travel by an employee of the agency in 
contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.
    Sec. 513.  <<NOTE: Contracts.>>  None of the funds provided in this 
Act may be used to execute a contract for goods or services, including 
construction services, where the contractor has not complied with 
Executive Order No. 12989.

    Sec. 514.  <<NOTE: Corporations. Criminal 
violation. Determination.>>  None of the funds made available by this 
Act may be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a loan or 
loan guarantee to, any corporation that was convicted of a felony 
criminal violation under any Federal law within the preceding 24 months, 
where the awarding agency is aware of the conviction, unless the agency 
has considered suspension or debarment of the corporation and made a 
determination that this further action is not necessary to protect the 
interests of the Government.

    Sec. 515.  <<NOTE: Corporations. Tax liability. Determination.>>  
None of the funds made available by this Act may be used to enter into a 
contract, memorandum of understanding, or cooperative agreement with, 
make a grant to, or provide a loan or loan guarantee to, any corporation 
that has any unpaid Federal tax liability that has been assessed, for 
which all judicial and administrative remedies have been exhausted or 
have lapsed, and that is not being paid in a timely manner pursuant to 
an agreement with the authority responsible for collecting the tax 
liability, where the awarding agency is aware of the unpaid tax 
liability, unless the agency has considered suspension or debarment

[[Page 127 STAT. 412]]

of the corporation and made a determination that this further action is 
not necessary to protect the interests of the Government.

    Sec. 516.  <<NOTE: Pay raises.>>  Such sums as may be necessary for 
fiscal year 2013 for pay raises for programs funded by this Act shall be 
absorbed within the levels appropriated in this Act.

    Sec. 517.  <<NOTE: Reports. Deadline.>>  None of the funds made 
available in this Act may be used to send or otherwise pay for the 
attendance of more than 50 employees from a Federal department or agency 
that are stationed within the United States at any single conference 
occurring outside a state of the United States, except for employees of 
the Department of Veterans Affairs stationed in the Philippines, unless 
the relevant Secretary reports to the Committees on Appropriations of 
both Houses of Congress at least 5 days in advance that such attendance 
is important to the national interest.

     This division may be cited as the ``Military Construction and 
Veterans Affairs, and Related Agencies Appropriations Act, 2013''.

     DIVISION F-- <<NOTE: Full-Year Continuing Appropriations Act, 
2013.>> FURTHER CONTINUING APPROPRIATIONS ACT, 2013

     The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, and out of applicable corporate or 
other revenues, receipts, and funds, for the several departments, 
agencies, corporations, and other organizational units of Government for 
fiscal year 2013, and for other purposes, namely:

                                 TITLE I

                           GENERAL PROVISIONS

    Sec. 1101. (a) Such amounts as may be necessary, at the level 
specified in subsection (c) and under the authority and conditions 
provided in applicable appropriations Acts for fiscal year 2012, for 
projects or activities (including the costs of direct loans and loan 
guarantees) that are not otherwise specifically provided for, and for 
which appropriations, funds, or other authority were made available in 
the following appropriations Acts:
            (1) The Energy and Water Development and Related Agencies 
        Appropriations Act, 2012 (division B of Public Law 112-74).
            (2) The Financial Services and General Government 
        Appropriations Act, 2012 (division C of Public Law 112-74).
            (3) The Department of the Interior, Environment, and Related 
        Agencies Appropriations Act, 2012 (division E of Public Law 112-
        74).
            (4) The Departments of Labor, Health and Human Services, and 
        Education, and Related Agencies Appropriations Act, 2012 
        (division F of Public Law 112-74).
            (5) The Legislative Branch Appropriations Act, 2012 
        (division G of Public Law 112-74).
            (6) The Department of State, Foreign Operations, and Related 
        Programs Appropriations Act, 2012 (division I of Public Law 112-
        74).
            (7) The Transportation, Housing and Urban Development, and 
        Related Agencies Appropriations Act, 2012 (division C of Public 
        Law 112-55), except for the appropriations designated by the 
        Congress as being for disaster relief under the heading

[[Page 127 STAT. 413]]

        ``Department of Transportation, Federal Highway Administration, 
        Emergency Relief'' and in the last proviso of section 239 of 
        such Act.
            (8) The Disaster Relief Appropriations Act, 2012 (Public Law 
        112-77), except for appropriations under the heading ``Corps of 
        Engineers--Civil''.

    (b) <<NOTE: Definition.>> For purposes of this division, the term 
``level'' means an amount.

    (c) The level referred to in subsection (a) shall be the amounts 
appropriated in the appropriations Acts referred to in such subsection, 
including transfers and obligation limitations, except that such level 
shall be calculated without regard to any rescission or cancellation of 
funds or contract authority, other than--
            (1) the 0.16 percent across-the-board rescission in section 
        436 of division E of Public Law 112-74 (relating to the 
        Department of the Interior, Environment, and Related Agencies); 
        and
            (2) the 0.189 percent across-the-board rescission in section 
        527 of division F of Public Law 112-74, (relating to the 
        Departments of Labor, Health and Human Services, and Education, 
        and Related Agencies).

    Sec. 1102.  Appropriations made by section 1101 shall be available 
to the extent and in the manner that would be provided by the pertinent 
appropriations Act.
    Sec. 1103.  Appropriations provided by this division that, in the 
applicable appropriations Act for fiscal year 2012, carried a multiple-
year or no-year period of availability shall retain a comparable period 
of availability.
    Sec. 1104.  No appropriation or funds made available or authority 
granted pursuant to section 1101 shall be used to initiate or resume any 
project or activity for which appropriations, funds, or other authority 
were not available during fiscal year 2012.
    Sec. 1105.  Except as otherwise expressly provided in this division, 
the requirements, authorities, conditions, limitations, and other 
provisions of the appropriations Acts referred to in section 1101 shall 
continue in effect through the date specified in section 1106.
    Sec. 1106.  Unless otherwise provided for in this division or in the 
applicable appropriations Act, appropriations and funds made available 
and authority granted pursuant to this division shall be available 
through September 30, 2013.
    Sec. 1107.  Expenditures made pursuant to the Continuing 
Appropriations Resolution, 2013 (Public Law 112-175) shall be charged to 
the applicable appropriation, fund, or authorization provided by this 
division.
    Sec. 1108.  Funds appropriated by this division may be obligated and 
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 
2412), section 15 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2680), and section 313 of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212).
    Sec. 1109. (a) For entitlements and other mandatory payments whose 
budget authority was provided in appropriations Acts for fiscal year 
2012, and for activities under the Food and Nutrition Act of 2008, the 
levels established by section 1101 shall be the amounts necessary to 
maintain program levels under current law and under the authority and 
conditions provided in the applicable appropriations Acts for fiscal 
year 2012.

[[Page 127 STAT. 414]]

    (b) In addition to the amounts otherwise provided by section 1101, 
the following amounts shall be available for the following accounts for 
advance payments for the first quarter of fiscal year 2014:
            (1) ``Department of Labor, Office of Workers' Compensation 
        Programs, Special Benefits for Disabled Coal Miners'', for 
        benefit payments under title IV of the Federal Mine Safety and 
        Health Act of 1977, $40,000,000, to remain available until 
        expended.
            (2) ``Department of Health and Human Services, Centers for 
        Medicare and Medicaid Services, Grants to States for Medicaid'', 
        for payments to States or in the case of section 1928 on behalf 
        of States under title XIX of the Social Security Act, 
        $106,335,631,000, to remain available until expended.
            (3) ``Department of Health and Human Services, 
        Administration for Children and Families, Payments to States for 
        Child Support Enforcement and Family Support Programs'', for 
        payments to States or other non-Federal entities under titles I, 
        IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act 
        of July 5, 1960 (24 U.S.C. ch. 9), $1,100,000,000, to remain 
        available until expended.
            (4) ``Department of Health and Human Services, 
        Administration for Children and Families, Payments for Foster 
        Care and Permanency'', for payments to States or other non-
        Federal entities under title IV-E of the Social Security Act, 
        $2,200,000,000.
            (5) ``Social Security Administration, Supplemental Security 
        Income Program'', for benefit payments under title XVI of the 
        Social Security Act, $19,300,000,000, to remain available until 
        expended.

    Sec. 1110.  Each amount made available in this division by reference 
to an appropriation that was previously designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 or as being for disaster relief pursuant to section 
251(b)(2)(D) of such Act is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A) of such Act or as being for disaster relief pursuant to 
section 251(b)(2)(D) of such Act, respectively.
    Sec. 1111.  With respect to any discretionary account for which 
advance appropriations were provided for fiscal year 2013 or 2014 in an 
appropriations Act for fiscal year 2012, in addition to amounts 
otherwise made available by this division, advance appropriations are 
provided in the same amount for fiscal year 2014 or 2015, respectively, 
with a comparable period of availability.
    Sec. 1112. (a) Section 147 of the Continuing Appropriations Act, 
2011 (Public Law 111-242), as added by section 1(a)(2) of the Continuing 
Appropriations and Surface Transportation Extensions Act, 2011 (Public 
Law 111-322; 5 U.S.C. 5303 note), is amended--
    (1) in subsection (b)(1), by striking the matter after ``ending on'' 
and before ``shall be made'' and inserting ``December 31, 2013,''; and
    (2) in subsection (c), by striking the matter after ``ending on'' 
and before ``no senior executive'' and inserting ``December 31, 2013,''.

[[Page 127 STAT. 415]]

    (b) <<NOTE: Repeal.>>  Section 114 of the Continuing Appropriations 
Resolution, 2013 (Public Law 112-175; 5 U.S.C. 5303 note) is repealed.

    Sec. 1113. (a) <<NOTE: Deadline. Plans.>>  Not later than 30 days 
after the date of the enactment of this division, each department and 
agency in subsection (c) shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a 
spending, expenditure, or operating plan for fiscal year 2013--
            (1) at the program, project, or activity level (or, for 
        foreign assistance programs funded in titles III, IV and VIII of 
        the Department of State, Foreign Operations, and Related 
        Programs Appropriations Act, at the country, regional, and 
        central program level, and for any international organization); 
        or
            (2) as applicable, at any greater level of detail required 
        for funds covered by such a plan in an appropriations Act 
        referred to in section 1101, in the joint explanatory statement 
        accompanying such Act, or in committee report language 
        incorporated by reference in such joint explanatory statement.

    (b) If a sequestration is ordered by the President under section 
251A of the Balanced Budget and Emergency Deficit Control Act of 1985, 
the spending, expenditure, or operating plan required by this section 
shall reflect such sequestration.
    (c) <<NOTE: Applicability.>>  The departments and agencies to which 
this section applies are as follows:
            (1) The Department of Agriculture.
            (2) The Department of Commerce.
            (3) The Department of Education.
            (4) The Department of Energy.
            (5) The Department of Health and Human Services.
            (6) The Department of Homeland Security.
            (7) The Department of Housing and Urban Development.
            (8) The Department of the Interior.
            (9) The Department of Justice.
            (10) The Department of Labor.
            (11) The Department of State and United States Agency for 
        International Development.
            (12) The Department of Transportation.
            (13) The Department of the Treasury.
            (14) The National Aeronautics and Space Administration.
            (15) The National Science Foundation.
            (16) The Judiciary.
            (17) With respect to amounts made available under the 
        heading ``Executive Office of the President and Funds 
        Appropriated to the President'', agencies funded under such 
        heading.
            (18) The Federal Communications Commission.
            (19) The General Services Administration.
            (20) The Office of Personnel Management.
            (21) The National Archives and Records Administration.
            (22) The Securities and Exchange Commission.
            (23) The Small Business Administration.
            (24) The Environmental Protection Agency.
            (25) The Indian Health Service.
            (26) The Smithsonian Institution.
            (27) The Social Security Administration.
            (28) The Corporation for National and Community Service.
            (29) The Corporation for Public Broadcasting.
            (30) The Food and Drug Administration.
            (31) The Commodity Futures Trading Commission.

[[Page 127 STAT. 416]]

    Sec. 1114.  <<NOTE: Deadlines. Reports.>>  Not later than May 15, 
2013, and each month thereafter through November 1, 2013, the Director 
of the Office of Management and Budget shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on all obligations incurred in fiscal year 2013, by each department and 
agency, using funds made available by this division. Such report shall--
            (1) set forth obligations by account; and
            (2) compare the obligations incurred in the period covered 
        by the report to the obligations incurred in the same period in 
        fiscal year 2012.

     This division may be cited as the ``Full-Year Continuing 
Appropriations Act, 2013''.

                                TITLE II

                      ENERGY AND WATER DEVELOPMENT

    Sec. 1201.  The amounts available for ``Corps of Engineers--Civil, 
Department of the Army, Corps of Engineers--Civil, Construction'' are 
hereby reduced by $20,000,000.
    Sec. 1202.  Notwithstanding section 1101, the level for ``Department 
of the Interior, Central Utah Project, Central Utah Project Completion 
Account'' shall be $19,700,000, of which, $1,200,000 shall be deposited 
into the ``Utah Reclamation Mitigation and Conservation Account'' for 
use by the Utah Reclamation Mitigation and Conservation Commission. In 
addition $1,300,000 is provided for necessary expenses incurred in 
carrying out the responsibilities of the Secretary of the Interior.
    Sec. 1203.  Notwithstanding section 1101, the level for each of the 
following accounts shall be as follows: ``Department of Energy, Energy 
Efficiency and Renewable Energy'', $1,814,091,000; ``Department of 
Energy, Nuclear Energy'', $759,000,000; ``Department of Energy, 
Science'', $4,876,000,000; ``Department of Energy, Advanced Research 
Projects Agency--Energy'', $265,000,000, to remain available until 
expended.
    Sec. 1204.  Notwithstanding section 1101, of the unobligated 
balances from prior year appropriations available under ``Department of 
Energy, Northeast Home Heating Oil Reserve'' $6,000,000 are hereby 
permanently rescinded:  Provided, That no amounts may be rescinded from 
amounts that were designated as an emergency requirement pursuant to the 
Concurrent Resolution on the Budget or the Balanced Budget and Emergency 
Deficit Control Act of 1985.
    Sec. 1205. (a) Notwithstanding section 1101, the level for 
``Department of Energy, Atomic Energy Defense Activities, National 
Nuclear Security Administration, Weapons Activities'' shall be 
$7,577,341,000.
    (b) Section 301(c) of division B of Public Law 112-274 shall not 
apply to amounts made available by this section.
    Sec. 1206.  In addition to amounts otherwise made available by this 
division, $110,000,000 is appropriated for ``Department of Energy, 
Atomic Energy Defense Activities, National Nuclear Security 
Administration, Defense Nuclear Nonproliferation'' for domestic uranium 
enrichment research, development, and demonstration.

[[Page 127 STAT. 417]]

    Sec. 1207.  <<NOTE: Applicability.>>  Section 14704 of title 40, 
United States Code, shall be applied to amounts made available by this 
division by substituting the date specified in section 1106 of this 
division for ``October 1, 2012''.

                                TITLE III

                FINANCIAL SERVICES AND GENERAL GOVERNMENT

    Sec. 1301. (a) Notwithstanding any other provision of this division, 
except section 1106, the District of Columbia may expend local funds 
under the heading ``District of Columbia Funds'' for such programs and 
activities under title IV of H.R. 6020 (112th Congress), as reported by 
the Committee on Appropriations of the House of Representatives, at the 
rate set forth under ``District of Columbia Funds--Summary of Expenses'' 
as included in the Fiscal Year 2013 Budget Request Act of 2012 (D.C. Act 
19-381), as modified as of the date of the enactment of this division.
    (b) Section 803(b) of the Financial Services and General Government 
Appropriations Act, 2012 (division C of Public Law 112-74; 125 Stat. 
940) is amended by striking ``November 1, 2012'' and inserting 
``November 1, 2013''.
    Sec. 1302.  Notwithstanding section 1101, the level for ``District 
of Columbia, Federal Funds, Federal Payment for Emergency Planning and 
Security Costs in the District of Columbia'' shall be $24,700,000, of 
which not less than $9,800,000 shall be used for costs associated with 
the Presidential Inauguration.
    Sec. 1303.  <<NOTE: Applicability.>>  Notwithstanding section 1101, 
the fifth proviso under the heading ``Federal Communications Commission, 
Salaries and Expenses'' in division C of Public Law 112-74 shall be 
applied by substituting ``$98,739,000'' for ``$85,000,000''.

    Sec. 1304.  Notwithstanding any other provision of this division, 
amounts made available by section 1101 for ``Department of the Treasury, 
Departmental Offices, Salaries and Expenses'' and ``Department of the 
Treasury, Office of Inspector General, Salaries and Expenses'' may be 
used for activities in connection with section 1602(e) of the Resources 
and Ecosystems Sustainability, Tourist Opportunities, and Revived 
Economies of the Gulf Coast States Act of 2012 (subtitle F of title I of 
division A of Public Law 112-141).
    Sec. 1305.  Notwithstanding section 1101, the level for ``Office of 
Government Ethics, Salaries and Expenses'' shall be $18,664,000, of 
which $5,000,000 shall be for development and deployment of the 
centralized, publicly accessible database required in section 11(b) of 
the STOCK Act (Public Law 112-105).
    Sec. 1306.  Notwithstanding section 1101, the level for ``Small 
Business Administration, Business Loans Program Account'' for the cost 
of guaranteed loans as authorized by section 7(a) of the Small Business 
Act and section 503 of the Small Business Investment Act of 1958 shall 
be $333,600,000.
    Sec. 1307.  <<NOTE: Rescission.>>  Of the unobligated balances 
available for ``Department of the Treasury, Treasury Forfeiture Fund'', 
$950,000,000 are rescinded.

    Sec. 1308.  Notwithstanding section 1101, the Community Development 
Financial Institutions Fund is authorized during Fiscal Year 2013 to 
guarantee bonds and notes pursuant section 114A of the Riegle Community 
Development and Regulatory

[[Page 127 STAT. 418]]

Improvement Act of 1994 (12 U.S.C. 4701 et seq.):  Provided, That no 
funds appropriated by this Act for ``Department of the Treasury--
Community Development Financial Institutions Fund Program Account'' 
shall be available for the cost, if any, of guaranteed loans (as defined 
in section 502 of the Congressional Budget Act of 1974) pursuant to 
section 114A of the Riegle Community Development and Regulatory 
Improvement Act of 1994 (12 U.S.C. 4701 et seq.) to subsidize total loan 
principal not to exceed $500,000,000.
    Sec. 1309.  Sections 9503(a), 9504(a) and (b), and 9505(a) of title 
5, United States Code, are amended by striking ``Before July 23, 2013'' 
each place it occurs and inserting ``Before September 30, 2013''.
    Sec. 1310.  Notwithstanding section 1101, the level for ``Executive 
Office of The President and Funds Appropriated to the President, 
Partnership Fund for Program Integrity Innovation'' shall be $0.
    Sec. 1311.  Notwithstanding section 1101, the level for ``The 
Judiciary, Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' shall be $1,040,000,000.
    Sec. 1312. (a) Section 203(c) of the Judicial Improvements Act of 
1990 (Public Law 101-650; 28 U.S.C. 133 note), as amended, is amended--
            (1) in the third sentence (relating to the district of 
        Kansas), by striking ``21 years or more'' and inserting ``22 
        years and 6 months or more''; and
            (2) in the seventh sentence (relating to the district of 
        Hawaii), by striking ``18 years or more'' and inserting ``19 
        years and 6 months or more''.

    (b) Section 406 of the Transportation, Treasury, Housing and Urban 
Development, The Judiciary, The District of Columbia, and Independent 
Agencies Appropriations Act of 2006 (Public Law 109-115; 119 Stat. 2470; 
28 U.S.C. 133 note) is amended in the second sentence (relating to the 
eastern district of Missouri) by inserting ``and 6 months'' after ``20 
years''.
    (c) Section 312(c)(2) of the 21st Century Department of Justice 
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133 
note) is amended--
            (1) by inserting after ``authorized by this subsection'' the 
        following: ``, except in the case of the central district of 
        California and the western district of North Carolina'';
            (2) by striking ``10 years'' and inserting ``11 years''; and
            (3) by adding at the end the following: ``The first vacancy 
        in the office of district judge in the central district of 
        California occurring 10 years and 6 months or more after the 
        confirmation date of the judge named to fill the temporary 
        district judgeship created in that district by this subsection, 
        shall not be filled. The first vacancy in the office of district 
        judge in the western district of North Carolina occurring 10 
        years or more after the confirmation date of the judge named to 
        fill the temporary district judgeship created in that district 
        by this subsection, shall not be filled.''.

    Sec. 1313.  <<NOTE: Applicability.>>  Notwithstanding section 1101 
of this division or division A, the level for the ``Commodity Futures 
Trading Commission'' shall be the level specified under Public Law 112-
55 and the authorities and conditions, including comparable periods of 
availability, provided under such Public Law shall apply to such 
appropriation.

[[Page 127 STAT. 419]]

    Sec. 1314.  Notwithstanding section 1101, the level for ``Federal 
Deposit Insurance Corporation, Office of the Inspector General'' shall 
be $34,568,000.

                                TITLE IV

               INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

    Sec. 1401.  Notwithstanding section 1101, the levels for the 
following appropriations of the Department of the Interior shall be:
     (a) <<NOTE: Applicability.>>  $950,757,000 for ``Bureau of Land 
Management, Management of Lands and Resources'':  Provided, That the 
amounts included under such heading in division E of Public Law 112-74 
shall be applied to funds appropriated by this division by substituting 
``$950,757,000'' for ``$961,900,000'' the second place it appears;

    (b) $0 for ``Bureau of Land Management, Construction'';
    (c) $1,213,915,000 for ``United States Fish and Wildlife Service, 
Resource Management'';
    (d) $19,136,000 for ``United States Fish and Wildlife Service, 
Construction'';
    (e) $2,214,202,000 for ``National Park Service, Operation of the 
National Park Service'';
    (f) $131,173,000 for ``National Park Service, Construction'';
    (g) $105,910,000 for ``Bureau of Indian Affairs, Construction'';
    (h) $84,946,000 for ``Insular Affairs, Assistance to Territories'':  
Provided, <<NOTE: Applicability.>>  That the matter under such heading 
in division E of Public Law 112-74 shall be applied to funds 
appropriated by this division as follows: by substituting 
``$75,684,000'' for ``$78,517,000''; and by substituting ``$9,262,000'' 
for ``$9,480,000'';

    (i) $146,000,000 for ``Office of the Special Trustee for American 
Indians, Federal Trust Programs''; and
    (j) $726,473,000 for ``Department-wide Programs, Wildland Fire 
Management'':  Provided, <<NOTE: Rescission.>>  That of the amounts made 
available by section 140(b) of Public Law 112-175 (126 Stat. 1321), 
$7,500,000 are rescinded.

    Sec. 1402.  The contract authority provided for fiscal year 2013 by 
16 U.S.C. 460l-10a is rescinded.
    Sec. 1403.  Section 10101(a) of the Omnibus Budget Reconciliation 
Act of 1993 (30 U.S.C. 28f(a)), as amended by section 430 of the 
Department of the Interior, Environment, and Related Agencies 
Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 
1047), is further amended--
            (1) in paragraph (1) in the first sentence, by striking 
        ``on'' the first place it appears and inserting ``before, on,''; 
        and
            (2) in paragraph (2)--
                    (A) by striking ``located'' the second place it 
                appears;
                    (B) by inserting at the end of the following: ``Such 
                claim maintenance fee shall be in lieu of the assessment 
                work requirement contained in the Mining Law of 1872 (30 
                U.S.C. 28 to 28e) and the related filing requirements 
                contained in section 314(a) and (c) of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1744(a) and 
                (c)).''; and
                    (C) by striking ``(a)'' in the first sentence and 
                inserting ``(a)(1)''.

[[Page 127 STAT. 420]]

    Sec. 1404. (a) Division II of Public Law 104-333 (16 U.S.C. 461 
note) is amended in each of sections 107, 208, 310, 408, 507, 607, 707, 
809, and 910, by striking ``2012'' and inserting ``2013''.
    (b) <<NOTE: Effective date.>> Effective on October 12, 2012, section 
7 of Public Law 99-647, as amended by section 702(d) of Public Law 109-
338 and section 1767 of Public Law 112-10, <<NOTE: 16 USC 461 note.>>  
is further amended by striking ``the date'' and all that follows and 
inserting ``September 30, 2013''.

    (c) Section 12 of Public Law 100-692 (16 U.S.C. 461 note) is 
amended--
            (1) in subsection (c)(1), by striking ``2012'' and inserting 
        ``2013''; and
            (2) in subsection (d), by striking ``the date that is 5 
        years after the date of enactment of this sub section'' and 
        inserting ``September 30, 2013''.

    (d) Section 108 of Public Law 106-278 (16 U.S.C. 461 note) is 
amended by striking ``2012'' and inserting ``2013''.
    Sec. 1405.  Notwithstanding section 1101, the levels for the 
following appropriations of the Environmental Protection Agency shall 
be:
     (a) $785,291,000 for ``Science and Technology'';
    (b) $2,651,440,000 for ``Environmental Programs and Management'';
    (c) $1,176,431,000 for ``Hazardous Substance 
Superfund'': <<NOTE: Applicability.>>   Provided, That the matter under 
such heading in division E of Public Law 112-74 shall be applied to 
funds appropriated by this division as follows: by substituting 
``$1,176,431,000'' for ``$1,215,753,000'' the second place it appears; 
and by substituting ``September 30, 2012'' for ``September 30, 2011''; 
and

    (d) $3,579,094,000 for ``State and Tribal Assistance Grants'':  
Provided, <<NOTE: Applicability.>> That the amounts included under such 
hearing in division E of Public Law 112-74 shall be applied to fund 
appropriated by this division as follows: by substituting 
``$1,451,791,000'' for ``$1,468,806,000''; by substituting 
``$908,713,000'' for ``$919,363,000''; and by substituting 
``$19,952,000'' for ``$30,000,000''.

    Sec. 1406. <<NOTE: Rescissions.>> (a) Of the unobligated balances 
available to the Environmental Protection Agency under the following 
headings from prior appropriation Acts, the following amounts are 
rescinded:
            (1) ``Hazardous Substance Superfund'', $15,000,000.
            (2) ``State and Tribal Assistance Grants'', $35,000,000, as 
        follows:
                    (A) $10,000,000 from unobligated Brownfields 
                balances.
                    (B) $5,000,000 from unobligated categorical grant 
                balances.
                    (C) $10,000,000 from unobligated Drinking Water 
                State Revolving Funds balances.
                    (D) $10,000,000 from unobligated Clean Water State 
                Revolving Funds balances.

    (b) No amounts may be rescinded under subsection (a) from amounts 
that were designated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the budget or the Balanced Budget 
and Emergency Deficit Control Act of 1985.
    Sec. 1407.  Notwithstanding subsection (d)(2) of section 33 of the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8), 
the Administrator of the Environmental Protection Agency may assess 
pesticide registration service fees under such section for fiscal year 
2013.

[[Page 127 STAT. 421]]

    Sec. 1408.  Notwithstanding section 1101, the levels for the 
following appropriations of the Department of Agriculture shall be:
     (a) $1,536,596,000 for ``Forest Service, National Forest System'';
    (b) $369,800,000 for ``Forest Service, Capital Improvement and 
Maintenance''; and
    (c) $1,971,390,000 for ``Forest Service, Wildland Fire Management''.
    Sec. 1409.  Notwithstanding section 1101, the levels for the 
following appropriations of the Department of Health and Human Services 
shall be:
     (a) $3,914,599,000 for ``Indian Health Service, Indian Health 
Services''; and
    (b) $441,605,000 for ``Indian Health Service, Indian Health 
Facilities''.
    Sec. 1410.  Notwithstanding section 1101, the level for 
``Smithsonian Institution, Salaries and Expenses'' shall be 
$640,512,000.
    Sec. 1411.  Notwithstanding section 1101, the level for ``Advisory 
Council on Historic Preservation, Salaries and Expenses'' shall be 
$7,023,000:  Provided, That of the funds appropriated herein, 
$1,300,000, to remain available until expended, may be used for expenses 
related to the relocation from the Old Post Office Building.
    Sec. 1412.  Notwithstanding section 1101, the level for ``Presidio 
Trust, Presidio Trust Fund'' shall be $0.
    Sec. 1413.  Notwithstanding section 1101, the level for ``Dwight D. 
Eisenhower Memorial Commission, Salaries and Expenses'' shall be 
$1,050,000 and the level for ``Dwight D. Eisenhower Memorial Commission, 
Capital Construction'' shall be $0:  Provided, That section 8162(m) of 
the Department of Defense Appropriations Act, 2000 (40 U.S.C. 8903 note; 
Public Law 106-79), as added by section 8120 (a) of Public Law 107-117 
(115 Stat. 2273), <<NOTE: 40 USC 8903 note.>>  is amended by adding at 
the end the following:
            ``(3) Expiration.--Any reference in section 8903(e) of title 
        40, U.S.C. to the expiration at the end of, or extension beyond, 
        a 7-year period shall be considered to be a reference to an 
        expiration on, or extension beyond, September 30, 2013.''.

    Sec. 1414.  <<NOTE: Applicability.>> Notwithstanding section 1101, 
section 408 of division E of Public Law 112-74 (125 Stat. 1038) shall be 
applied to funds appropriated by this division by substituting ``112-10, 
and 112-74'' for ``112-10'' and by substituting ``2012'' for ``2011''.

    Sec. 1415.  <<NOTE: Extension.>> The authority provided by section 
331 of the Department of the Interior and Related Agencies 
Appropriations Act, 2000 (enacted by reference in section 1000(a)(3) of 
Public Law 106-113; 16 U.S.C. 497 note) shall continue in effect through 
the date specified in section 1106 of this division.

    Sec. 1416.  <<NOTE: Time period. Effective date.>> No funds made 
available under this Act shall be used for a 180-day period beginning on 
date of enactment of this Act to enforce with respect to any farm (as 
that term is defined in section 112.2 of title 40, Code of Federal 
Regulations (or successor regulations)) the Spill, Prevention, Control, 
and Countermeasure rule, including amendments to that rule, promulgated 
by the Environmental Protection Agency under part 112 of title 40, Code 
of Federal Regulations.

[[Page 127 STAT. 422]]

                                 TITLE V

  LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES

                      (including transfer of funds)

    Sec. 1501.  Of the funds available to the Department of Labor, 
Employment and Training Administration in this or any other Act making 
appropriations that remain unobligated as of the date of enactment of 
this Act, up to $30,000,000 may be transferred to ``Department of Labor, 
Employment and Training Administration, Office of Job Corps'' for Job 
Corps operations for program years 2012 and 2013 and shall be in 
addition to any other amounts available to the Office of Job Corps for 
such purposes: <<NOTE: Deadline.>>   Provided, That not less than 
$10,000,000 shall be transferred within 30 days of enactment of this Act 
to support Job Corps operations for the program year ending June 30, 
2013: <<NOTE: Deadline. Reports.>>   Provided further, That not later 
than 15 days after any transfer has been made under the authority of 
this section, the Secretary of Labor shall submit a report to the 
Committees on Appropriations of the House of Representatives and the 
Senate that details the source of the transferred funds, the specific 
programs, projects, or activities for which such funds will be used, 
provides a detailed explanation of the need for such transfer, and 
itemizes the cost saving measures implemented by the Office of the Job 
Corps during Program Years 2012 and 2013 and the savings gained by 
implementing each initiative.

    Sec. 1502.  <<NOTE: Grants.>> Notwithstanding section 1101, the 
level which may be expended from the Employment Security Administration 
Account of the Unemployment Trust Fund for administrative expenses of 
``Department of Labor, Employment and Training Administration, State 
Unemployment Insurance and Employment Service Operations'' shall be 
$3,940,865,000 (which includes all amounts available to conduct in-
person reemployment and eligibility assessments and unemployment 
insurance improper payment reviews), of which $3,115,142,000 shall be 
for grants to the States for the administration of State unemployment 
insurance laws under paragraph (1). For <<NOTE: Applicability.>> the 
purposes of this section, the first proviso under this heading in Public 
Law 112-74 shall be applied by substituting ``2013'' and ``4,585,000'' 
for ``2012'' and ``4,832,000'', respectively.

    Sec. 1503.  <<NOTE: Applicability.>> Notwithstanding section 1101, 
language under the heading ``Department of Labor, Mine Safety and Health 
Administration, Salaries and Expenses'' in Public Law 112-74 shall be 
applied to funds appropriated by this Act by substituting ``is 
authorized to collect and retain up to $2,499,000'' for ``may retain up 
to $1,499,000''.

    Sec. 1504.  Notwithstanding section 1101, the level for ``Department 
of Labor, Veterans Employment and Training'' shall be $264,436,000, of 
which $226,251,000 shall be derived from the Employment Security 
Administration Account in the Unemployment Trust Fund:  Provided, That 
the level provided under such heading for Veterans Workforce Investment 
Program grants shall be used for the Transition Assistance Program and 
activities authorized by the VOW to Hire Heroes Act of 2011, shall be 
available through September 30, 2013, and shall be in addition to any 
other funds available for those purposes:  Provided further, That of the

[[Page 127 STAT. 423]]

level provided under such heading, not less than $14,000,000 shall be 
for the Transition Assistance Program, and $3,414,000 shall be for the 
National Veterans' Employment and Training Services Institute.
    Sec. 1505.  All funds provided for the Health Centers program, as 
defined by section 330 of the Public Health Service Act, by this Act or 
any other Act providing appropriations for fiscal year 2013 shall be 
obligated by the Secretary of Health and Human Services by September 30, 
2013, of which $48,000,000 shall be awarded for base grant adjustments.
    Sec. 1506.  <<NOTE: Notification. Deadlines. Reports.>> The Director 
of the Centers for Disease Control and Prevention (hereafter referred to 
in this division as ``CDC'') may detail CDC staff without reimbursement 
for up to 30 days to support an activation of the CDC Emergency 
Operations Center, so long as the Director provides notification within 
15 days of the use of this authority and a full report to the Committees 
on Appropriations of the House of Representatives and the Senate within 
30 days after the use of this authority, which includes the number of 
staff and funding level broken down by the originating center and number 
of days detailed:  Provided, That the annual reimbursement cannot exceed 
$3,000,000 across CDC.

                      (including transfer of funds)

    Sec. 1507.  <<NOTE: 42 USC 247d-4 note.>> To facilitate the 
implementation of the permanent Working Capital Fund (``WCF'') 
authorized in Public Law 112-74, on or after October 1, 2013, 
unobligated balances of amounts appropriated for business services for 
fiscal year 2013 shall be transferred to the WCF: <<NOTE: Effective 
date.>>   Provided, That on or after October 1, 2013, the CDC shall 
transfer other amounts available for business services to other CDC 
appropriations consistent with the benefit each appropriation received 
from the business services appropriation in fiscal year 2013:  Provided 
further, That assets purchased with funds appropriated for or reimbursed 
to business services in this or any other Act may be transferred to the 
WCF and customers billed for depreciation of those assets:  Provided 
further, That CDC shall, consistent with the authorities provided in 42 
U.S.C. 231, ensure that the WCF is used only for administrative support 
services and not for programmatic activity 
funding: <<NOTE: Notification. Deadline.>>   Provided further, That CDC 
shall notify the Committees on Appropriations of the House of 
Representatives and the Senate not later than 15 days prior to any 
transfer made under the authority provided in this section.

                      (including transfer of funds)

    Sec. 1508.  Notwithstanding section 1101, the level for ``Department 
of Health and Human Services, National Institutes of Health, Office of 
the Director'' shall be $1,528,181,000: <<NOTE: Applicability.>>   
Provided, That the fourth proviso under such heading shall be applied to 
funds appropriated by this Act by substituting the 
following: <<NOTE: Deadline. Cost estimate.>>  ``: Provided further, 
That $165,000,000 shall be for the National Children's Study (NCS), 
except that not later than July 15, 2013 the Director shall estimate the 
amount needed for the NCS during fiscal year 2013, taking into account 
the succeeding proviso, and any funds in excess of the estimated need 
shall be transferred to and merged with the accounts for the various 
Institutes and Centers of NIH in proportion to their shares of total NIH 
appropriations made by this Act:

[[Page 127 STAT. 424]]

Provided further, <<NOTE: Contracts. Deadline. Review. Reports.>> That 
the Director shall contract with the National Academy of Sciences within 
60 days of enactment of this Act to appoint an expert Institute of 
Medicine/National Research Council (IOM/NRC) panel to conduct a 
comprehensive review and issue a report regarding proposed methodologies 
for the NCS Main Study, including whether such methodologies are likely 
to produce scientifically sound results that are generalizable to the 
United States population and appropriate sub-
populations: <<NOTE: Contracts. Deadline.>>  Provided further, That no 
contracts shall be awarded for conducting the Main Study until at least 
60 days after the IOM/NRC report has been available to the public:''.

    Sec. 1509.  Notwithstanding section 1101, the level for ``Department 
of Health and Human Services, Administration for Children and Families, 
Refugee and Entrant Assistance'' shall be $1,016,000,000.
    Sec. 1510.  Notwithstanding section 1101, the level for ``Department 
of Health and Human Services, Administration for Children and Families, 
Payments to States for the Child Care and Development Block Grant'' 
shall be $2,328,313,000:  Provided, That in addition to the amounts 
required to be reserved by the States under section 658G of the Child 
Care and Development Block Grant Act, $297,078,000 shall be reserved by 
the States for activities authorized under section 658G of such Act, of 
which $108,950,000 shall be for activities that improve the quality of 
infant and toddler care.
    Sec. 1511.  In addition to amounts otherwise made available by 
section 1101, $33,500,000 is appropriated for ``Department of Health and 
Human Services, Administration for Children and Families, Children and 
Families Services'' for making payments under the Head Start Act:  
Provided, That notwithstanding section 640 of such Act, up to 
$25,000,000 of such funds shall be available for allocation by the 
Secretary to supplement activities described in paragraphs (7)(B) and 
(9) of section 641(c) of the Head Start Act under the Designation 
Renewal System, established under the authority of sections 641(c)(7), 
645A(b)(12) and 645A(d) of such Act:  Provided further, That amounts 
allocated to Head Start grantees at the discretion of the Secretary to 
supplement activities pursuant to the previous proviso shall not be 
included in the calculation of the ``base grant'' in subsequent fiscal 
years, as such term is used in section 640(a)(7)(A) of the Head Start 
Act.
    Sec. 1512.  Notwithstanding section 1101, the level for ``Department 
of Health and Human Services, Office of the Secretary, Public Health and 
Social Services Emergency Fund'' shall be increased by $17,000,000 for 
expenses necessary for replacement of building leases and associated 
renovation costs for Public Health Service agencies and other components 
of the Department of Health and Human Services, including relocation and 
fit-out costs, to remain available until expended.
    Sec. 1513.  Of the amount provided by section 1101 for ``Department 
of Education, Safe Schools and Citizenship Education'' for subpart 2 of 
part A of title IV of the Elementary and Secondary Education Act of 
1965, $3,000,000, to remain available until expended, shall be for the 
Project School Emergency Response to Violence program to provide 
education-related services to local educational agencies and 
institutions of higher education in which the learning environment has 
been disrupted due to a violent or traumatic crisis.

[[Page 127 STAT. 425]]

    Sec. 1514.  <<NOTE: Applicability.>> Notwithstanding section 1101, 
the provisos under the heading ``Department of Education--Special 
Education'' shall be applicable as if the following four provisos were 
inserted after the first proviso: ``: Provided further, That the 
Secretary shall distribute to all other States (as that term is defined 
in section 611(g)(2)), subject to the third proviso, any amount by which 
a State's allocation under section 611(d), from funds appropriated under 
this heading, is reduced under section 612(a)(18)(B), in accordance with 
section 611(d)(3)(A)(i)(II) and (III) without regard to section 
611(d)(3)(A)(i)(I) and section 611(d)(3)(B): Provided further, That the 
Secretary may not distribute any funds under the previous proviso to any 
State whose reduction in allocation from funds appropriated under this 
heading made funds available for such a distribution: Provided further, 
That the States shall allocate such funds distributed under the second 
preceding proviso to local educational agencies in accordance with 
section 611(f): Provided further, That the amount by which a State's 
allocation under section 611(d) of the IDEA is reduced under section 
612(a)(18)(B) and the amounts distributed to States under the previous 
provisos from funds appropriated for fiscal year 2012 or any subsequent 
year shall not be considered in calculating the awards under section 
611(d) for fiscal year 2013 or for any subsequent fiscal years:''.

    Sec. 1515.  Of the amount provided by section 1101 for ``Department 
of Education, Higher Education'' for subpart 2 of part A of title VII of 
the Higher Education Act of 1965, up to $4,451,000 shall be available to 
fund continuation awards for projects originally supported under subpart 
1 of part A of title VII of such act.
    Sec. 1516.  Notwithstanding section 1101, the level for ``Railroad 
Retirement Board, Limitation on Administration'' shall be $111,149,000.
    Sec. 1517.  Notwithstanding section 1101, the level for ``Social 
Security Administration, Supplemental Security Income Program'' for 
research and demonstrations under sections 1110, 1115, and 1144 of the 
Social Security Act shall be $17,000,000.
    Sec. 1518.  Of the funds made available by section 1101 for ``Social 
Security Administration, Limitation on Administrative Expenses'', 
$23,000,000 shall be for section 1149 of the Social Security Act and 
$7,000,000 shall be for section 1150 of the Social Security Act.
    Sec. 1519.  Of the funds made available by section 1101 for ``Social 
Security Administration, Limitation on Administrative Expenses'' for the 
cost associated with continuing disability reviews under titles II and 
XVI of the Social Security Act and for the cost associated with 
conducting redeterminations of eligibility under title XVI of the Social 
Security Act, $273,000,000 is provided to meet the terms of section 
251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, and $483,052,000 is additional new 
budget authority specified for purposes of section 251(b)(2)(B) of such 
Act.
    Sec. 1520.  <<NOTE: Rescission.>> Of the funds made available for 
the Community-Based Care Transitions Program under section 3026 of 
Public Law 111-148, $200,000,000 are hereby rescinded.

    Sec. 1521.  <<NOTE: Rescissions.>> Notwithstanding section 1101, the 
rescissions made in sections 522 and 525 of division F of Public Law 
112-74 shall be repeated in this Act with respect to funds available for 
fiscal year 2013.

[[Page 127 STAT. 426]]

    Sec. 1522.  Section 148 of Public Law 112-175 <<NOTE: 126 Stat. 
1322.>> is amended to read as follows: <<NOTE: Extension 
date.>> ``Activities authorized by part A of title IV and section 
1108(b) of the Social Security Act (except for activities authorized in 
section 403(b) of such Act) shall continue through September 30, 2013, 
in the manner authorized for fiscal year 2012, and out of any money in 
the Treasury of the United States not otherwise appropriated, there are 
hereby appropriated such sums as may be necessary for such purpose.''.

                                TITLE VI

                           LEGISLATIVE BRANCH

    Sec. 1601.  <<NOTE: Irene Hirano Inouye.>> Notwithstanding any other 
provision of this Act, for a payment to Irene Hirano Inouye, widow of 
Daniel K. Inouye, late a Senator from Hawaii, $193,400.

    Sec. 1602.  Notwithstanding section 1101, the level for ``Joint 
Congressional Committee On Inaugural Ceremonies of 2013'' shall be $0.
    Sec. 1603.  Notwithstanding section 1101, the level for ``Capitol 
Police, General Expenses'' shall be $62,004,000.
    Sec. 1604.  Notwithstanding section 1101, the level of funding for 
``Architect of the Capitol, General Administration'' shall be 
$97,340,000.
    Sec. 1605. (a) Notwithstanding section 1104, of the amounts made 
available by section 1101 for accounts under the heading ``Architect of 
the Capitol'', the Architect of the Capitol may transfer an aggregate 
amount of not more than $61,247,000 to ``Architect of the Capitol, 
Capitol Building'', solely for expenses related to the rehabilitation of 
the United States Capitol Dome.
    (b) The transfer of amounts under the authority of subsection (a) 
shall be subject to the approval of the Committees on Appropriations of 
the House of Representatives and Senate.
    (c) Any amounts transferred under the authority of subsection (a) 
shall remain available until expended.
    Sec. 1606. <<NOTE: 2 USC 1871.>> (a) Notwithstanding section 1101, 
available balances of expired Architect of the Capitol appropriations 
shall be available to the Architect of the Capitol to make the deposit 
to the credit of the Employees' Compensation Fund required by section 
8147(b) of title 5, United States Code.

    (b) <<NOTE: Applicability.>>  Effective Date.--This section shall 
apply with respect to appropriations for fiscal year 2013 and each year 
thereafter.

    Sec. 1607.  Notwithstanding section 1101, the level for ``Library of 
Congress, Copyright Office, Salaries and Expenses'' shall be $737,000 
under the first proviso, and shall be $34,250,000 under the fourth 
proviso.
    Sec. 1608.  Notwithstanding section 1101, the level for ``Government 
Printing Office, Congressional Printing and Binding'' shall be 
$83,632,000; ``Government Printing Office, Government Printing Office 
Revolving Fund'' shall be $4,000,000.
    Sec. 1609.  <<NOTE: Applicability.>> Notwithstanding section 1101, 
the level for ``Government Printing Office, Office of Superintendent of 
Documents, Salaries and Expenses'' shall be $31,500,000 and the amounts 
authorized for producing and disseminating Congressional serial sets and 
other related publications to depository and other designated libraries 
shall apply to publications for fiscal years 2011 and 2012.

[[Page 127 STAT. 427]]

    Sec. 1610.  Notwithstanding section 1101, the level for ``Government 
Accountability Office, Salaries and Expenses'' shall be $506,282,000, 
the amount applicable under the first proviso under that heading shall 
be $26,404,000.
    Sec. 1611. <<NOTE: 31 USC 711 note.>> (a) In General.--Available 
balances of expired Government Accountability Office appropriations 
shall be available to the Government Accountability Office to make the 
deposit to the credit of the Employees' Compensation Fund required by 
section 8147(b) of title 5 United States Code.

    (b) <<NOTE: Applicability.>>  Effective Date.--This section shall 
apply with respect to fiscal year 2013 and each fiscal year thereafter.

    Sec. 1612.  Notwithstanding section 1101, the level for ``Open World 
Leadership Center Trust Fund'' shall be $8,000,000.

                                TITLE VII

      DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

    Sec. 1701. (a) Notwithstanding section 1101, the amounts included 
under the heading ``Embassy Security, Construction, and Maintenance'' 
under title I in division I of Public Law 112-74 shall be applied to 
funds appropriated by this division as follows: by substituting 
``$938,125,000'' for ``$762,000,000'' in the first paragraph; and by 
substituting ``$688,499,000'' for ``$775,000,000'' in the second 
paragraph.
    (b) <<NOTE: Applicability.>> Notwithstanding section 1101, the 
levels for the following accounts under title I in division I of Public 
Law 112-74 shall be applied to funds appropriated by this division as 
follows: ``Contributions for International Peacekeeping Activities'', 
$2,006,499,000; ``International Boundary and Water Commission, United 
States and Mexico, Salaries and Expenses'', $43,499,000; ``International 
Boundary and Water Commission, United States and Mexico, Construction'', 
$27,675,000; ``American Sections, International Commissions'', 
$11,923,000; ``International Fisheries Commissions'', $34,617,000; 
``Commission for the Preservation of America's Heritage Abroad, Salaries 
and Expenses'', $606,000; ``United States Commission on International 
Religious Freedom, Salaries and Expenses'', $2,932,000; ``Commission on 
Security and Cooperation in Europe, Salaries and Expenses'', $2,443,000; 
``Congressional-Executive Commission on the People's Republic of China, 
Salaries and Expenses'', $1,906,000; and ``United States-China Economic 
and Security Review Commission, Salaries and Expenses'', $3,312,000.

    Sec. 1702. <<NOTE: Applicability.>> (a) Notwithstanding section 
1101, the amounts included under the heading ``Global Health Programs'' 
under title III in division I of Public Law 112-74 shall be applied to 
funds appropriated by this division as follows: by substituting in the 
first sentence in the first paragraph ``$2,755,950,000'' for 
``$2,625,000,000''; by substituting in the first sentence in the second 
paragraph ``$5,720,499,000'' for ``$5,542,860,000''; and by substituting 
in the second proviso in the second paragraph ``$1,650,000,000'' for 
``$1,050,000,000''.

    (b) <<NOTE: Applicability.>> Notwithstanding section 1101, the 
amounts included under the heading ``Economic Support Fund'' under title 
III in division I of Public Law 112-74 shall be applied to funds 
appropriated by this division by inserting after the tenth proviso and 
before

[[Page 127 STAT. 428]]

the period the following: ``: Provided further, That not less than 
$325,400,000 of the funds appropriated under this heading shall be 
transferred to, and merged with, funds appropriated under the heading 
`Development Assistance' in this Act''.

    Sec. 1703. <<NOTE: Applicability.>> (a) Notwithstanding section 
1101, the sixth proviso under the heading ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' in division I of Public Law 
112-74 shall be applied to funds appropriated by this division by 
substituting the following: ``Provided further, That funds made 
available for demining, conventional weapons destruction, and related 
activities, in addition to funds otherwise made available for such 
purposes, may be used for administrative expenses related to the 
operation and management of demining, conventional weapons destruction, 
and related programs''.

    (b) Notwithstanding section 1101, the first sentence under the 
heading ``Nonproliferation, Anti-terrorism, Demining and Related 
Programs'' in division I of Public Law 112-74 shall be applied to funds 
appropriated by this division by inserting ``to remain available until 
September 30, 2014,'' after ``$590,113,000,''.
    (c) Notwithstanding section 1101, the third proviso under the 
heading ``International Security Assistance, Department of State, 
Peacekeeping Operations'' in division I of Public Law 112-74 shall be 
applied to funds appropriated by this division by substituting 
``$161,000,000'' for ``$91,818,000'' and ``2014'' for ``2013''.
    (d) Notwithstanding section 1101, the amounts included in the first 
paragraph under the heading ``Foreign Military Financing Program'' under 
title IV in division I of Public Law 112-74 shall be applied to funds 
appropriated by this division by substituting in the second proviso 
``$3,100,000,000'' for ``$3,075,000,000'' and by substituting in the 
fourth proviso ``$815,300,000'' for ``$808,725,000''.
    Sec. 1704. (a) Notwithstanding section 1101, the levels for the 
following accounts under title V in division I of Public Law 112-74 
shall be as follows: ``Global Environment Facility'', $129,400,000; 
``Contribution to the International Bank for Reconstruction and 
Development'', $186,957,000; ``Contribution to the Enterprise for the 
Americas Multilateral Investment Fund'', $15,000,000; and in the first 
paragraph under ``Contribution to the International Development 
Association'', $1,358,500,000; and ``Contribution to the Inter-American 
Development Bank'', $111,153,000.
    (b) Notwithstanding section 1101, the level for the following 
accounts shall be $0: ``Multilateral Assistance, International Financial 
Institutions, European Bank for Reconstruction and Development, 
Limitation on Callable Capital Subscriptions''; ``Bilateral Economic 
Assistance, Funds Appropriated to the President, Assistance for Europe, 
Eurasia and Central Asia''; and ``International Security Assistance, 
Funds Appropriated to the President, Pakistan Counterinsurgency 
Capability Fund''.
    (c) Notwithstanding section 1101, the level for the second 
paragraphs for the following accounts under title V in division I of 
Public Law 112-74 shall be $0: ``Contribution to the International 
Development Association''; ``Contribution to the Inter-American 
Development Bank''; and ``Contribution to the African Development 
Fund''.

[[Page 127 STAT. 429]]

    (d) Section 70 of the Bretton Woods Agreements Act <<NOTE: 22 USC 
286vv.>> (22 U.S.C. 286 et seq.), is amended in subsection (b) by adding 
at the end the following:
            ``(3) In order to pay for the increase in the United States 
        subscription to the Bank under subsection (a)(1)(B), there are 
        authorized to be appropriated, without fiscal year limitation, 
        $4,639,501,466 for payment by the Secretary of the Treasury.
            ``(4) Of the amount authorized to be appropriated under 
        paragraph (3), $278,370,088 shall be for paid in shares of the 
        Bank, and $4,361,131,378 shall be for callable shares of the 
        Bank.''.

    Sec. 1705.  <<NOTE: Rescission.>> Of the unexpended balances 
available under the heading ``Export and Investment Assistance, Export-
Import Bank of the United States, Subsidy Appropriation'' from prior 
Acts making appropriations for the Department of State, foreign 
operations, and related programs, $400,000,000 are rescinded.

    Sec. 1706. <<NOTE: Applicability.>> (a) Notwithstanding section 
1101, section 7006 in division I of Public Law 112-74 shall be applied 
to funds appropriated by this division by substituting ``Afghanistan, 
Pakistan, and other hostile or high-risk areas'' for ``Afghanistan, and 
Pakistan''.

    (b) Notwithstanding section 1101, the amount included in section 
7034(f) in division I of Public Law 112-74 shall be applied to funds 
appropriated by this division by substituting ``$100,000,000'' for 
``$50,000,000''.
    (c) Notwithstanding section 1101, section 7054(b) in division I of 
Public Law 112-74 shall be applied to funds appropriated by this 
division by inserting before the period in paragraph (2) ``; or (3) such 
assistance, license, sale, or transfer is for the purpose of 
demilitarizing or disposing of such cluster munitions''.
    (d) Notwithstanding section 1101, section 7054(b) in division I of 
Public Law 112-74 shall be applied for purposes of this division by 
inserting before the period in paragraph (2) ``; or (3) such assistance, 
license, sale, or transfer is for the purpose of demilitarizing or 
disposing of such cluster munitions''.
    (e) Notwithstanding section 1101, section 7063 in division I of 
Public Law 112-74 shall be applied to funds appropriated by this 
division by substituting ``September 30, 2014'' for ``September 30, 
2013''.
    (f) Notwithstanding section 1101, sections 7070(a) and 7072(a) in 
division I of Public Law 112-74 shall be applied to funds appropriated 
by this division by substituting ``headings'' for ``heading'' and 
substituting `` `Global Health Programs', `Economic Support Fund', and 
`International Narcotics Control and Law Enforcement' for `Assistance 
for Europe, Eurasia and Central Asia' ''.
    (g) Notwithstanding section 1101, section 7070 in division I of 
Public Law 112-74 shall be applied to funds appropriated by this 
division by adding the following:
    ``(d) Funds appropriated by this division under the heading 
`Economic Support Fund' may be made available, not withstanding any 
other provision of law, for assistance and related programs for the 
countries identified in section 3(c) of the Support for Eastern European 
Democracy (SEED) Act of 1989 (Public Law 101-179) and section 3 of the 
FREEDOM Support Act (Public Law 102-511) and may be used to carry out 
the provisions of those Acts:  Provided, <<NOTE: Consultation.>> That 
such assistance and related programs from funds

[[Page 127 STAT. 430]]

appropriated by this Act under the headings `Global Health Programs', 
`Economic Support Fund', and `International Narcotics Control and Law 
Enforcement' shall be administered in accordance with the 
responsibilities of the coordinator designated pursuant to section 601 
of the Support for Eastern European Democracy (SEED) Act of 1989 (Public 
Law 101-179) and section 102 of the FREEDOM Support Act (Public Law 102-
511), and shall be made available in amounts consistent with the amounts 
made available under the heading `Assistance for Europe, Eurasia and 
Central Asia' in fiscal year 2012, in consultation with the Committees 
on Appropriations.''.

    (h) The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``and 2012'' 
                and inserting ``2012, and 2013''; and
                    (B) in subsection (e), by striking ``2012'' each 
                place it appears and inserting ``2013''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking ``2012'' and inserting ``2013''.

    (i) Notwithstanding section 1101, section 7041(h) in division I of 
Public Law 112-74 shall be applied to funds appropriated by this 
division by including the following before the 
period: <<NOTE: Syria. Consultation.>>  ``Provided, That prior to 
obligating funds made available by this Act for assistance for Syria, 
the Secretary of State shall consult with the Committees on 
Appropriations and Foreign Relations of the Senate and the Committees on 
Appropriations and Foreign Affairs of the House of 
Representatives: <<NOTE: Notification.>>  Provided further, That such 
funds shall be subject to the regular notification procedures of the 
Committees on Appropriations''.

    (j) Notwithstanding section 1101, the fifth proviso under the 
heading ``Economic Support Fund'' in division I of Public Law 112-74 
shall be applied to funds appropriated by this division by substituting: 
``Provided further, That funds appropriated under this heading in this 
Act may be made available for the costs, as defined in section 502 of 
the Congressional Budget Act of 1974, of loan guarantees for Jordan 
and'' for ``Provided further, That up to $30,000,000 of the funds 
appropriated for fiscal year 2011 under this heading in Public Law 112-
10, division B, may be made available for the costs, as defined in 
section 502 of the Congressional Budget Act of 1974, of loan guarantees 
for''.
    Sec. 1707. (a) Notwithstanding section 1101, the levels for the 
following accounts under title VIII in division I of Public Law 112-74 
shall be as follows: ``Diplomatic and Consular Programs'', 
$3,210,650,000, of which $918,435,000 is for Worldwide Security 
Protection (to remain available until expended); and ``Embassy Security, 
Construction, and Maintenance'', $1,272,200,000, of which $1,261,400,000 
is for the costs of worldwide security upgrades, acquisition, and 
construction, as authorized:  Provided, That funds made available under 
this subsection shall be used for operations at high threat posts, 
security programs to protect personnel and property under Chief of 
Mission authority, preventing the compromise of classified United States 
Government information and equipment, and security construction or 
upgrade requirements at Department of State facilities worldwide, 
including for Worldwide Security Upgrades.

[[Page 127 STAT. 431]]

    (b) <<NOTE: Rescission.>> Of the unobligated balances from funds 
appropriated under title VIII in division I of Public Law 112-74 under 
the heading ``Diplomatic and Consular Programs'' and designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, $1,109,700,000 are rescinded.

    (c) <<NOTE: Deadline. Reports. Plans.>> Not later than 90 days after 
enactment of this Act, the Secretary of State shall submit a report to 
the Committees on Appropriations providing an assessment of security 
requirements at United States diplomatic facilities worldwide, including 
those facilities considered expeditionary in nature; a comprehensive 
plan for addressing such requirements; and a detailed description of 
Embassy security improvements to be supported from funds made available 
by this section:  Provided, That such report shall be submitted in 
unclassified form, but may include a classified annex.

    (d) Notwithstanding section 1101, the amounts included under the 
heading ``Office of Inspector General'' under title VIII in division I 
of Public Law 112-74 shall be applied to funds appropriated by this 
division as follows: by substituting ``$59,151,000'' for 
``$67,182,000'', and by substituting ``$6,000,000'' for ``$19,545,000'' 
for the Special Inspector General for Iraq Reconstruction; and by 
substituting ``$49,901,000'' for ``$44,387,000'' for the Special 
Inspector General for Afghanistan Reconstruction.
    (e) Notwithstanding section 1101, the levels for the following 
accounts under title VIII in division I of Public Law 112-74 shall be as 
follows: ``International Disaster Assistance'', $774,661,000; 
``Migration and Refugee Assistance'', $1,152,850,000; and ``Economic 
Support Fund'', $3,119,896,000.
    Sec. 1708.  <<NOTE: Applicability.>> Notwithstanding section 1101, 
title VIII of division I of Public Law 112-74 shall be applied to funds 
appropriated by this division by inserting the following at the end of 
section 8004:

    ``Sec. 8005.  Funds appropriated by this title under the headings 
`Diplomatic and Consular Programs', `Embassy Security, Construction, and 
Maintenance', and `Educational and Cultural Exchange Programs' may be 
transferred to, and merged with, funds appropriated by this title under 
such headings: <<NOTE: Notification.>>  Provided, That such transfers 
shall be subject to the regular notification procedures of the 
Committees on Appropriations:  Provided further, That the transfer 
authority in this section is in addition to any transfer authority 
otherwise available under any other provision of law.

    ``Sec. 8006.  Funds appropriated by this title shall be made 
available for assistance for Jordan, in addition to amounts otherwise 
made available by this Act.''.

                               TITLE VIII

 TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES

    Sec. 1801. (a) Notwithstanding sections 1101 and 1104, the level for 
limitations on obligation and liquidation of contract authority shall be 
available in the following accounts equal to the level of the contract 
authority subject to such limitation appropriated out of the Highway 
Trust Fund in Sections 1101, 1105, 1107, 1110, 1121, 31101, 32603, and 
51001 of Public Law 112-141 for fiscal year 2013:

[[Page 127 STAT. 432]]

            (1) ``Department of Transportation--Federal Highway 
        Administration--Limitation on Administrative Expenses'';
            (2) ``Department of Transportation--Federal Highway 
        Administration--Federal-Aid Highways--(Limitation on 
        Obligations)--(Highway Trust Fund)--(Liquidation of Contract 
        Authorization)--(Highway Trust Fund)'';
            (3) ``Department of Transportation--Federal Motor Carrier 
        Safety Administration--Motor Carrier Safety Operations and 
        Programs--(Liquidation of Contract Authorization)--(Limitation 
        on Obligations)--(Highway Trust Fund)'';
            (4) ``Department of Transportation--Federal Motor Carrier 
        Safety Administration--Motor Carrier Safety Grants--(Liquidation 
        of Contract Authorization)--(Limitation on Obligations)--
        (Highway Trust Fund)'';  Provided, Section 131 of Division C of 
        Public Law 112-55 <<NOTE: 125 Stat. 656.>>  is hereby deleted; 
        and
            (5) ``Department of Transportation--National Highway Traffic 
        Safety Administration--Operations and Research--(Liquidation of 
        Contract Authorization)--(Limitation on Obligations)--(Highway 
        Trust Fund)''.

    (b) Section 120 of division C of Public Law 112-55 shall not apply 
to amounts made available by this division.
    (c) <<NOTE: Applicability.>> During the period covered by this 
division, section 1102 of Public Law 112-141 shall be applied--
            (1) in subsection (b)(10), as if the limitation applicable 
        through fiscal year 2011 applied through fiscal year 2012; and
            (2) in subsection (c)(5), by treating the reference to 
        section 204 of title 23, United States Code, as a reference to 
        sections 202 and 204 of such title.

    Sec. 1802.  <<NOTE: Applicability.>>  Notwithstanding sections 1101 
and 1104, the language under the heading ``Department of 
Transportation--National Highway Traffic Safety Administration--Highway 
Traffic Safety Grants--(Liquidation of Contract Authorization)--
(Limitation on Obligations)--(Highway Trust Fund)'' shall be applied to 
funds made available by this Act as if the language read as follows: 
``For payment of obligations incurred in carrying out the provisions of 
23 U.S.C. 402 and 405, section 2009 of Public Law 109-59 (as amended by 
section 31106 of Public Law 112-141), and section 31101(a)(6) of Public 
Law 112-141, $554,500,000, to remain available until expended, to be 
derived from the Highway Trust Fund (other than the Mass Transit 
Account): Provided, That none of the funds in this Act shall be 
available for the planning or execution of programs the total 
obligations for which, in fiscal year 2013, are in excess of 
$554,500,000 for programs authorized under 23 U.S.C. 402 and 405, 
section 2009 of Public Law 109-59 (as amended by section 31106 of Public 
Law 112-141), and section 31101(a)(6) of Public Law 112-141, of which 
$235,000,000 shall be for `Highway Safety Programs' under 23 U.S.C. 402, 
$29,000,000 shall be for `High Visibility Enforcement Program' under 
section 2009 of Public Law 109-59 (as amended by section 31106 of Public 
Law 112-141), $265,000,000 shall be for `National Priority Safety 
Programs' under 23 U.S.C. 405, and $25,500,000 shall be for 
`Administrative Expenses' under section 31101(a)(6) of Public Law 112-
141: Provided further, That not to exceed $500,000 of the funds made 
available for 23 U.S.C. 405 for `Impaired Driving Countermeasures' (as 
described in subsection (d) of such section) shall be available for 
technical assistance to the States.''

[[Page 127 STAT. 433]]

    Sec. 1803. <<NOTE: Applicability.>>  (a) Amounts provided by section 
1101 for ``Department of Transportation--Federal Transit 
Administration--Formula and Bus Grants--(Liquidation of Contract 
Authority)--(Limitation on Obligations)--(Highway Trust Fund)'' are 
available for payment of obligations incurred in the Federal Public 
Transportation Assistance Program in this account, and for payment of 
obligations incurred in carrying out 49 U.S.C. 5305, 5307, 5310, 5311, 
5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340 (as amended by 
Public Law 112-141), and 20005(b) of Public Law 112-141:  Provided, 
That, notwithstanding sections 1101 and 1104, the proviso under such 
heading shall be applied to funds provided by this Act as if the proviso 
read as follows: ``Provided, That funds available for the implementation 
or execution of programs authorized by 49 U.S.C. 5305, 5307, 5310, 5311, 
5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by 
Public Law 112-141; and 20005(b) of Public Law 112-141 shall not exceed 
obligations of $8,478,000,000.''.

    (b) Notwithstanding sections 1101 and 1104, for necessary 
administrative expenses of the Federal Transit Administration's programs 
authorized by chapter 53 of title 49, United States Code, as amended by 
Public Law 112-141, $102,713,000, to remain available until expended, of 
which $4,000,000 shall be available to carry out 49 U.S.C. 5329.
    (c) Notwithstanding sections 1101 and 1104, amounts provided for 
``Department of Transportation--Federal Transit Administration--Research 
and University Research Centers'' shall be available for necessary 
expenses to carry out 49 U.S.C. 5312-5314 and 5322, as amended by Public 
Law 112-141:  Provided, That, of the amount provided under this heading, 
not less than $35,000,000 shall be available to carry out the provisions 
of 49 U.S.C. 5312.
    (d) Notwithstanding section 1101, the language under the heading 
``Department of Transportation--Federal Transit Administration--Capital 
Investment Grants'' in division C of Public Law 112-55 shall be applied 
to funds appropriated by this Act as if the language: ``, of which 
$35,481,000'' and all that follows through the end of the first proviso 
were deleted.
    (e) Section 601(e)(1)(B) of division B of Public Law 110-432 shall 
be applied by substituting the date specified in section 1106 of this 
division for ``4 years after such date''.
    Sec. 1804.  <<NOTE: Applicability.>>  Section 112 of division C of 
Public Law 112-55 shall be applied to funds appropriated by this 
division by treating such section as if it were amended by striking ``49 
U.S.C. 41742(b) shall not apply, and''.

    Sec. 1805.  Notwithstanding section 1101, the level for ``Department 
of Housing and Urban Development, Community Planning and Development, 
Homeless Assistance Grants'' shall be $2,033,000,000:  Provided, That 
the level for project-based rental assistance with rehabilitation 
projects with 10-year grant terms shall be $0, and any unobligated 
amounts appropriated under such heading for such purpose in fiscal year 
2012 or in any prior Act shall be applied in fiscal year 2013 by making 
any such amounts available for any purpose under such 
heading: <<NOTE: Applicability.>>   Provided further, That the first 
proviso shall be applied by striking ``$250,000,000'' and inserting 
``$200,000,000''.

    Sec. 1806.  Notwithstanding sections 1101 and 1104, the level for 
``Department of Housing and Urban Development, Public and Indian 
Housing, Indian Housing Loan Guarantee Fund Program

[[Page 127 STAT. 434]]

Account'' shall be $12,200,000: <<NOTE: Applicability.>>  Provided, the 
second proviso under such heading in division C of Public Law 112-55 
shall be applied to funds appropriated by this division by substituting 
``$976,000,000'' for ``$360,000,000'';  Provided further, section 184(d) 
of the Housing and Community Development Act of <<NOTE: 42 USC 1715z-
13a.>> 1992 is amended to read as follows:

    ``(d)  Guarantee Fee.--The Secretary shall establish and collect, at 
the time of issuance of the guarantee, a fee for the guarantee of loans 
under this section, in an amount not exceeding 3 percent of the 
principal obligation of the loan. The Secretary may also establish and 
collect annual premium payments in an amount not exceeding 1 percent of 
the remaining guaranteed balance (excluding the portion of the remaining 
balance attributable to the fee collected at the time of issuance of the 
guarantee). <<NOTE: Notice. Federal Register, publication.>>  The 
Secretary shall establish the amount of the fees and premiums by 
publishing a notice in the Federal Register. The Secretary shall deposit 
any fees and premiums collected under this subsection in the Indian 
Housing Loan Guarantee Fund established under subsection (i).''.

    Sec. 1807.  Notwithstanding section 1101, the level for ``Department 
of Housing and Urban Development, Public and Indian Housing, Tenant-
Based Rental Assistance'' shall be $14,939,369,000, to remain available 
until expended, which shall be available on October 1, 2012 (in addition 
to the $4,000,000,000 previously appropriated under such heading that 
became available on October 1, 2012), and, notwithstanding section 1111, 
an additional $4,000,000,000, to remain available until expended, shall 
be available on October 1, 2013:  Provided, That of the amounts 
available for such heading, $1,375,000,000 shall be for activities 
specified in paragraph (3) under such heading in title II of division C 
of Public Law 112-55: <<NOTE: Applicability.>>  Provided further, That 
in applying paragraph 1 under such heading in such Public Law to 2013, 
under the penultimate proviso <<NOTE: 125 Stat. 677.>> strike ``(4) for 
incremental'' and all that follows up to the colon and insert ``(4) for 
PHAs, that despite taking reasonable cost savings measures, as 
determined by the Secretary, would otherwise be required to terminate 
participating families from the program due to insufficient funds''.

    Sec. 1808.  <<NOTE: Applicability.>>  The heading ``Department of 
Housing and Urban Development, Public and Indian Housing, Housing 
Certificate Fund (rescission)'' in division C of Public Law 112-
55 <<NOTE: 125 Stat. 679.>> shall be applied by striking 
``(rescission)'' in the heading and by replacing all of the language 
under such heading with the language under such heading in division A of 
Public Law 111-117 and by striking ``2010'' in such replacement language 
and inserting ``2013''.

    Sec. 1809.  <<NOTE: Applicability. 125 Stat. 680.>>  Notwithstanding 
section 1101, the level for ``Department of Housing and Urban 
Development, Public and Indian Housing, Public Housing Operating Fund'' 
shall be $4,262,010,000:  Provided, That such heading shall be applied 
in fiscal year 2013 by striking ``, of which'' and all that follows up 
to the period.

    Sec. 1810.  <<NOTE: Applicability. 125 Stat. 698.>>  Section 216 in 
division C of Public Law 112-55 shall be applied in fiscal year 2013 by 
striking ``September 30, 2012'' and inserting ``September 30, 2013''.

                        DIVISION G--OTHER MATTERS

    Sec. 3001. <<NOTE: Rescission.>> (a) There is hereby rescinded the 
applicable percentage (as specified in subsection (b)) of the budget 
authority provided

[[Page 127 STAT. 435]]

(or obligation limit imposed) for fiscal year 2013 for any discretionary 
account in divisions A through E of this Act; and

    (b) <<NOTE: Applicability.>> For purposes of subsection (a), the 
applicable percentage shall be--
            (1) for budget authority in the nonsecurity category (as 
        defined in section 250(c)(4)(A) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985, in--
                    (A) divisions A and E, 2.513. percent; and
                    (B) division B, 1.877 percent; and
            (2) for budget authority in the security category (as 
        defined in section 250(c)(4)(B) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985), 0.1 percent.

    (c) <<NOTE: Applicability.>> Any rescission made by subsection (a) 
shall be applied proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in such subsection; and
            (2) within each such account and item, to each program, 
        project, and activity (with programs, projects, and activities 
        as delineated in the applicable appropriation Act or 
        accompanying reports covering such account or item).

    (d) This section shall not apply to amounts designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 or as being for disaster relief pursuant to 
section 251(b)(2)(D) of such Act; and
    (e) <<NOTE: Deadline. Reports.>> Within 30 days after the date of 
the enactment of this section, the Director of the Office of Management 
and Budget shall submit to the Committees on Appropriations of the House 
of Representatives and the Senate a report specifying the account and 
amount of each rescission made pursuant to this section.

    Sec. 3002.  <<NOTE: Sequestration. Applicability.>> Notwithstanding 
any other provision of this Act, if, on or after the date of enactment 
of this Act, a sequestration order issued by the President pursuant to 
section 251A(7)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 is in effect, the reductions in each discretionary account 
under such order shall apply to the amounts provided in this Act 
consistent with section 253(f) of that Act, and shall be in addition to 
any reductions required by section 251(a) of that Act.

    Sec. 3003. <<NOTE: Reports.>>  (a) The head of any Executive branch 
department, agency, board, commission, or office funded by this or any 
other appropriations Act shall submit annual reports to the Inspector 
General or senior ethics official for any entity without an Inspector 
General, regarding the costs and contracting procedures related to each 
conference held by any such department, agency, board, commission, or 
office during fiscal year 2013 for which the cost to the United States 
Government was more than $100,000.

    (b) Each report submitted shall include, for each conference 
described in subsection (a) held during the applicable period--
            (1) a description of its purpose;
            (2) the number of participants attending;
            (3) a detailed statement of the costs to the United States 
        Government, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services;
                    (C) the cost of employee or contractor travel to and 
                from the conference; and

[[Page 127 STAT. 436]]

                    (D) a discussion of the methodology used to 
                determine which costs relate to the conference; and
            (4) a description of the contracting procedures used 
        including--
                    (A) whether contracts were awarded on a competitive 
                basis; and
                    (B) a discussion of any cost comparison conducted by 
                the departmental component or office in evaluating 
                potential contractors for the conference.

    (c) <<NOTE: Deadline. Notification.>>  Within 15 days of the date of 
a conference held by any Executive branch department, agency, board, 
commission, or office funded by this or any other appropriations Act 
during fiscal year 2013 for which the cost to the United States 
Government was more than $20,000, the head of any such department, 
agency, board, commission, or office shall notify the Inspector General 
or senior ethics official for any entity without an Inspector General, 
of the date, location, and number of employees attending such 
conference.

    (d) A grant or contract funded by amounts appropriated by this or 
any other appropriations Act to an Executive branch agency may not be 
used for the purpose of defraying the costs of a conference described in 
subsection (c) that is not directly and programmatically related to the 
purpose for which the grant or contract was awarded, such as a 
conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.
    (e) None of the funds made available in this or any other 
appropriations Act may be used for travel and conference activities that 
are not in compliance with Office of Management and Budget Memorandum M-
12-12 dated May 11, 2012.
    Sec. 3004. (a) If, for fiscal year 2013, the amount of new budget 
authority provided in appropriation Acts exceeds the discretionary 
spending limits set forth in section 251(c)(2) of the Balanced Budget 
and Emergency Deficit Control Act on new budget authority for any 
category due to estimating differences with the Congressional Budget 
Office, the Director of the Office of Management and Budget shall 
increase the applicable percentage in subsection (c) with respect to 
that category by such amount as is necessary to eliminate the amount of 
the excess in that category.
    (b) <<NOTE: Rescission.>> Subject to subsection (a), there is hereby 
rescinded the applicable percentage (as specified in subsection (c)) 
of--
            (1) the budget authority provided (or obligation limit 
        imposed) for fiscal year 2013 for any discretionary account in 
        divisions A through F of this Act;
            (2) the budget authority provided in any advance 
        appropriation for fiscal year 2013 for any discretionary account 
        in any prior fiscal year appropriation Act; and
            (3) the contract authority provided in fiscal year 2013 for 
        any program subject to limitation incorporated or otherwise 
        contained in divisions A through F of this Act.

    (c) <<NOTE: Applicability.>> For purposes of subsection (b), the 
applicable percentage shall be--
            (1) for budget authority in the nonsecurity category (as 
        defined in section 250(c)(4)(A) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985), 0 percent; and

[[Page 127 STAT. 437]]

            (2) for budget authority in the security category (as 
        defined in section 250(c)(4)(B) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985), 0 percent.

    (d) <<NOTE: Applicability.>> Any rescission made by subsection (b) 
shall be applied proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in such subsection; and
            (2) within each such account and item, to each program, 
        project, and activity (with programs, projects, and activities 
        as delineated in the applicable appropriation Act or 
        accompanying reports covering such account or item).

    (e) This section shall not apply to--
            (1) amounts designated by the Congress for Overseas 
        Contingency Operations/Global War on Terrorism pursuant to 
        section 251(b)(2)(A) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985 or as being for disaster relief 
        pursuant to section 251(b)(2)(D) of such Act; or
            (2) the amount made available by division F of this Act for 
        ``Social Security Administration, Limitation on Administrative 
        Expenses'' for continuing disability reviews under titles II and 
        XVI of the Social Security Act and for the cost associated with 
        conducting redeterminations of eligibility under title XVI of 
        the Social Security Act.

    (f) <<NOTE: Deadline. Reports.>> Within 30 days after the date of 
the enactment of this section, the Director of the Office of Management 
and Budget shall submit to the Committees on Appropriations of the House 
of Representatives and the Senate a report specifying the account and 
amount of each rescission made pursuant to this section.

    Approved March 26, 2013.

LEGISLATIVE HISTORY--H.R. 933:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 159 (2013):
            Mar. 6, considered and passed House.
            Mar. 13, 14, 18-20, considered and passed Senate, amended.
            Mar. 21, House concurred in Senate amendments.

                                  <all>