[United States Statutes at Large, Volume 127, 113th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
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. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
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
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Title II--Security, enforcement, and investigations
Title III--Protection, preparedness, response, and recovery
Title IV--Research and development, training, and services
Title V--General provisions
DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2013
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION F--FURTHER CONTINUING APPROPRIATIONS ACT, 2013
Title I--General Provisions
Title II--Energy and Water Development
Title III--Financial Services and General Government
Title IV--Interior, Environment, and Related Agencies
Title V--Labor, Health and Human Services, and Education, and Related
Agencies
Title VI--Legislative Branch
Title VII--Department of State, Foreign Operations, and Related Programs
Title VIII--Transportation and Housing and Urban Development, and
Related Agencies
DIVISION G--OTHER MATTERS
references
Sec. 3. Except <> as expressly provided
otherwise, any reference to ``this Act'' contained in division A, B, C,
D, or E of this Act shall be treated as referring only to the provisions
of that division.
explanatory statement
Sec. 4. The explanatory statement regarding this Act printed in the
Senate section of the Congressional Record on or about March 11, 2013,
by the Chairwoman of the Committee on Appropriations of the Senate shall
have the same effect with respect to the allocation of funds and
implementation of this Act as if it were a joint explanatory statement
of a committee of conference.
availability of funds
Sec. 5. Each <> amount designated in this Act by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall be available (or rescinded, if
applicable) only if the President subsequently so designates all such
amounts and transmits such designations to the Congress.
DIVISION <> A--
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2013, for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs and for other purposes,
namely:
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TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $46,388,000,
of which not to exceed $5,051,000 shall be available for the immediate
Office of the Secretary; not to exceed $498,000 shall be available for
the Office of Tribal Relations; not to exceed $1,496,000 shall be
available for the Office of Homeland Security and Emergency
Coordination; not to exceed $1,422,000 shall be available for the Office
of Advocacy and Outreach; not to exceed $25,046,000 shall be available
for the Office of the Assistant Secretary for Administration, of which
$24,242,000 shall be available for Departmental Administration to
provide for necessary expenses for management support services to
offices of the Department and for general administration, security,
repairs and alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical and efficient
work of the Department; not to exceed $3,869,000 shall be available for
the Office of Assistant Secretary for Congressional Relations to carry
out the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive branch; and
not to exceed $9,006,000 shall be available for the Office of
Communications: Provided, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent: Provided further, That
not to exceed $11,000 of the amount made available under this paragraph
for the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise provided
for, as determined by the Secretary: Provided further, That the amount
made available under this heading for Departmental Administration shall
be reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under this heading
for the Office of Assistant Secretary for Congressional Relations may be
transferred to agencies of the Department of Agriculture funded by this
Act to maintain personnel at the agency <> level: Provided further, That
no funds made available under this heading for the Office of Assistant
Secretary for Congressional Relations may be obligated after 30 days
from the date of enactment of this Act, unless the Secretary has
notified the Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency.
Executive Operations
office of the chief economist
For <> necessary expenses of the Office of the
Chief Economist, $16,008,000, of which $4,000,000 shall be for grants or
cooperative
[[Page 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, <> $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 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.
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National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $179,477,000, of which up to $62,500,000 shall be available
until expended for the Census of Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal
ownership, <> $1,101,853,000: Provided, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for the construction, alteration,
and repair of buildings and improvements, but unless otherwise provided,
the cost of constructing any one building shall not exceed $375,000,
except for headhouses or greenhouses which shall each be limited to
$1,200,000, and except for 10 buildings to be constructed or improved at
a cost not to exceed $750,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the <> building or
$375,000, whichever is greater: Provided further, That the limitations
on alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at <> Beltsville,
Maryland: Provided further, That appropriations hereunder shall be
available for granting easements at the Beltsville Agricultural Research
Center: Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act of April
24, 1948 (21 U.S.C. 113a): Provided further, <> That
appropriations hereunder shall be available for granting easements at
any Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by, and acceptable to,
the Agricultural Research Service and a condition of the easements shall
be that upon completion the facility shall be accepted by the Secretary,
subject to the availability of funds herein, if the Secretary finds that
acceptance of the facility is in the interest of the United States:
Provided further, That section 732(b) of division A of Public Law 112-55
(125 Stat. 587) is amended by adding at the end the following new
sentence: <> ``The conveyance authority
provided by this subsection expires September 30, 2013, and all
conveyances under this subsection must be completed by that date.'':
Provided further, That funds may be received from any State, other
political subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research project of
the Agricultural Research Service, as authorized by law.
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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.
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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 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 <> fiscal year 2013, the agency is authorized to
collect fees to cover the total costs of providing technical assistance,
goods, or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity's liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency, and
such fees shall be reimbursed to this account, to remain available until
expended, without further appropriation, for providing such assistance,
goods, or services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
Marketing Services
For necessary expenses of the Agricultural Marketing Service,
$78,863,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $62,592,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses:
Provided, <> That if crop size is understated and/
or other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program
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expenses as authorized therein, and other related operating expenses,
except for: (1) transfers to the Department of Commerce as authorized by
the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise
provided in this Act; and (3) not more than $20,056,000 for formulation
and administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,331,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $40,261,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $50,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing
services: <> Provided, That if grain export
activities require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded by up to
10 percent with notification to the Committees on Appropriations of both
Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food
Safety, $811,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,001,427,000; and in
addition, $1,000,000 may be credited to this account from fees collected
for the cost of laboratory accreditation as authorized by section 1327
of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
138f): Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until <> expended: Provided further, That
no fewer than 148 full-time equivalent positions shall be employed
during fiscal year 2013 for purposes dedicated solely to inspections and
enforcement related to the Humane Methods of Slaughter Act: Provided
further, That the Food Safety and Inspection Service shall continue
implementation of section 11016 of
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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 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, <>
$100,000,000: Provided, That the Secretary shall deem the pink bollworm
to be a boll weevil for the purpose of boll weevil eradication program
loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership,
$20,140,000 for direct loans; farm operating loans, $58,490,000 for
direct operating loans, $17,850,000 for unsubsidized guaranteed
operating loans, emergency loans, $1,317,000, to remain available until
expended; and Indian highly fractionated land loans, $173,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $312,897,000, of which $304,977,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among
these <> programs: Provided, That the
Committees on Appropriations of both Houses of Congress are notified at
least 15 days in advance of any transfer.
Risk Management Agency
For necessary expenses of the Risk Management Agency, $74,900,000:
Provided, That the funds made available under section 522(e) of the
Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the Common
Information Management System: Provided further, That not to exceed
$1,000 shall be available for official reception and representation
expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The <> following corporations and agencies are
hereby authorized to make expenditures, within the limits of funds and
borrowing authority available to each such corporation or agency and in
accord with law, and to make contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the Government
Corporation Control Act as may be necessary in carrying out the programs
set forth in the budget for the current fiscal year for such corporation
or agency, except as hereinafter provided.
[[Page 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 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 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 <> 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 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 <> Act: Provided further, That rental
assistance provided under agreements entered into prior to fiscal year
2013 for a farm labor multi-family housing project financed under
section 514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period of 12
consecutive months, if such project has a waiting list of tenants
seeking such assistance or the project has rental assistance eligible
tenants who are not receiving such <> assistance:
Provided further, That such recaptured rental assistance shall, to the
extent practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act.
multi-family housing revitalization <> program
account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $27,782,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $10,000,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided further,
That the amount of such voucher shall be the difference between
comparable market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available for such
vouchers shall be subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum extent
practicable, administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing vouchers
administered by the Secretary of the Department of Housing and Urban
Development: Provided further, That if the Secretary determines that
the amount made available for vouchers in this or any other Act is not
needed for vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph: Provided
further, That of the funds made available under this heading,
$17,782,000 shall be available for a demonstration program for the
preservation and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA multi-
family housing loans, as the Secretary deems appropriate, expressly for
the purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating, reducing
or reamortizing loan debt; and other financial assistance including
advances, payments and incentives (including the ability of owners to
obtain reasonable returns on investment) required by
the <> Secretary: Provided further, That the
Secretary shall as part of the preservation and revitalization agreement
obtain a
[[Page 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 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 <> provided:
Provided further, That $5,938,000 of the amount appropriated under this
heading shall be to provide grants for facilities in rural communities
with extreme unemployment and severe economic depression (Public Law
106-387), with up to 5 percent for administration and capacity building
in the State rural development <> offices: Provided
further, That $3,369,000 of the amount appropriated under this heading
shall be available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided further, That
of the total amount appropriated under this heading, the amount equal to
the amount of Rural Community Facilities Program Account funds allocated
by the Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2012, shall be available through June 30, 2013, for
communities designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones: Provided further, That sections 381E-H and 381N
of the Consolidated Farm and Rural Development Act are not applicable to
the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by sections 306 and 310B and described
in subsections (f) and (g) of section 310B and section 381E(d)(3) of the
Consolidated Farm and Rural Development Act, $85,904,000, to remain
available until <> expended: Provided, That of the
amount appropriated under this heading, not to exceed $1,000,000 shall
be made available for two grants to qualified national organizations to
provide technical assistance for rural transportation in order to
promote economic development and $3,000,000 shall be for grants to the
Delta Regional Authority (7 U.S.C. 2009aa et seq.) for any Rural
Community Advancement Program purpose as described in section 381E(d) of
the Consolidated Farm and Rural Development Act, of which not more than
5 percent may be used for administrative <> expenses:
Provided further, That $4,000,000 of the amount appropriated under this
heading shall be for business grants to benefit Federally Recognized
Native American Tribes, including $250,000 for a grant to a qualified
national organization to provide technical assistance for rural
transportation in order to promote economic development: Provided
further, That of the total amount appropriated under this heading, the
amount
[[Page 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 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 <> Act: Provided, That $66,500,000
of the amount appropriated under this heading shall be for loans and
grants including water and waste disposal systems grants authorized by
306C(a)(2)(B) and 306D of the Consolidated Farm and Rural Development
Act, Federally recognized Native American Tribes authorized by
306C(a)(1), and the Department of Hawaiian Home Lands (of the State of
Hawaii): Provided further, That funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be provided to a
consortium formed pursuant to section 325 of Public Law 105-83:
Provided further, That not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development Act may
be used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided for section
306D of the Consolidated Farm and Rural Development Act may be used by a
consortium formed pursuant to section 325 of Public Law 105-83 for
training and technical
assistance <> programs: Provided further,
That not to exceed $19,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural water and
waste systems pursuant to section 306(a)(14) of such Act, unless the
Secretary makes a determination of extreme need, of which $5,750,000
shall be made available for a grant to a qualified non-profit multi-
state regional technical assistance organization, with experience in
[[Page 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: <> Provided
further, That not to exceed $15,000,000 of the amount appropriated under
this heading shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water <> systems: Provided further,
That not to exceed $3,400,000 shall be for solid waste management
grants: Provided further, That of the total amount appropriated under
this heading, the amount equal to the amount of Rural Water and Waste
Disposal Program Account funds allocated by the Secretary for Rural
Economic Area Partnership Zones for the fiscal year 2012, shall be
available through June 30, 2013, for communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones for
the rural utilities programs described in section 381E(d)(2) of the
Consolidated Farm and Rural Development Act: Provided further, That
$10,000,000 of the amount appropriated under this heading shall be
transferred to, and merged with, the Rural Utilities Service, High
Energy Cost Grants Account to provide grants authorized under section 19
of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided
further, That any prior year balances for high-energy cost grants
authorized by section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a) shall be transferred to and merged with the Rural Utilities
Service, High Energy Cost Grants Account: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to the funds made available under this heading.
For gross obligations for the principal amount of direct loans as
authorized by section 1006a of title 16 of the United States Code,
except for the limitations contained in the last sentence of such
section, for projects whose features include agricultural water supply
benefits, groundwater protection, environmental enhancement and flood
control, $40,000,000: Provided, That such loans shall be made by the
Rural Utilities Service.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized by
sections 305 and 306 of the Rural Electrification Act of 1936 (7 U.S.C.
935 and 936) shall be made as follows: 5 percent rural electrification
loans, $100,000,000; loans made pursuant to section 306 of that Act,
rural electric, $6,500,000,000; guaranteed underwriting loans pursuant
to section 313A, $500,000,000; cost of money rural telecommunications
loans, $690,000,000: Provided, That up to $2,000,000,000 shall be used
for the construction, acquisition, or improvement of fossil-fueled
electric generating plants (whether new or existing) that utilize carbon
sequestration systems.
[[Page 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 <> 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 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 <> et seq.):
Provided further, That of the total amount available, $35,000,000 shall
be available to provide competitive grants to State agencies for
subgrants to local educational agencies and schools to purchase the
equipment needed to serve healthier meals, improve food safety, and to
help support the establishment, maintenance, or expansion of the school
breakfast program.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $7,046,000,000, to remain available through
September 30, 2014: Provided, That notwithstanding section 17(h)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than
$60,000,000 shall be used for breastfeeding peer counselors and other
related activities, $14,000,000 shall be used for infrastructure, and
$35,000,000 shall be used for management
information <> systems: Provided further, That
funds made available for the purposes specified in section
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall only be made
available upon a determination by the Secretary that funds are available
to meet caseload requirements without the use of funds in the
contingency reserve that are without fiscal year limitation: Provided
further, That none of the funds provided in this account shall be
available for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully reimbursed
by other Federal Government departments or agencies unless authorized by
section 17 of such Act.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $77,290,160,000, of which $3,000,000,000,
to remain available through September 30, 2014, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
provided herein shall be expended in accordance with section 16 of the
Food and Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to provide
nutrition education services to state agencies and Federally recognized
tribes participating in the Food Distribution Program on Indian
Reservations: Provided <> further, That this
appropriation shall be subject to any work registration or workfare
requirements as may be required by law: Provided further, That funds
made available for Employment and Training under this heading shall
remain available until expended, notwithstanding section 16(h)(1) of the
Food and Nutrition Act of 2008: Provided further, That funds made
available under this heading may be used to enter into contracts and
employ staff to conduct studies, evaluations, or to conduct activities
related
[[Page 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 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 <> 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 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, <> That in addition and notwithstanding any other
provision under this heading, amounts collected for prescription drug
user fees, medical device user fees, human generic drug user fees,
biosimilar biological product user fees, animal drug user fees, and
animal generic drug user fees that exceed the respective fiscal year
2013 limitations are appropriated and shall be credited to this account
and remain available until expended: Provided <> further,
That fees derived from prescription drug, medical device, animal drug,
and animal generic drug assessments for fiscal year 2013
[[Page 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 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 <> administrator: Provided further, That
none of the funds transferred to the Working Capital Fund pursuant to
this section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses <> of Congress:
Provided further, That none of the funds appropriated by this Act or
made available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes to the
Department's National Finance Center without written notification to and
prior approval of the Committees on Appropriations of both Houses of
Congress as required by section 726 of this Act: Provided further, That
of annual income amounts in the Working Capital Fund of the Department
of Agriculture allocated for the National Finance Center, the Secretary
may reserve not more than 4 percent for the replacement
[[Page 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 <> Center: Provided further, That none of
the amounts reserved shall be available for obligation unless the
Secretary submits written notification of the obligation to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That the limitation on the obligation of
funds pending notification to Congressional Committees shall not apply
to any obligation that, as determined by the Secretary, is necessary to
respond to a declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate employees of
the National Finance Center to a safe haven to continue operations of
the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural Housing Insurance
Fund program account.
Sec. 706. Funds made available by this Act under title II of the
Food for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator of the U.S. Agency for International
Development, are in place to ensure that emergency food aid is received
by the intended beneficiaries in areas affected by food shortages and
not diverted for unauthorized or inappropriate purposes.
Sec. 707. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review <> Board: Provided,
That notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be transferred
to the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds available to the Department of Agriculture for information
technology shall be obligated for projects over $25,000 prior to receipt
of written approval by the Chief Information Officer.
[[Page 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. <> 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 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 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, <> That of the available unobligated
balances under (b)(2)(A)(v) of section 14222 of Public Law 110-246,
$150,000,000 are hereby rescinded.
Sec. 723. Subject to authorizing legislation by the House Committee
on Agriculture and the Senate Committee on Agriculture, Nutrition, and
Forestry, the Secretary may reserve, through April 1, 2013, up to 5
percent of the funding available for the following items for projects in
areas that are engaged in strategic regional development planning as
defined by the Secretary: business and industry guaranteed loans; rural
development loan fund; rural business enterprise grants; rural business
opportunity grants; rural economic development program; rural
microenterprise program; biorefinery assistance program; rural energy
for America program; value-added producer grants; broadband program;
water and waste program; and rural community facilities program.
Sec. 724. There is hereby appropriated $600,000 for the purposes of
section 727 of division A of Public Law 112-55.
Sec. 725. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the budget unless such budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2014 appropriations Act.
Sec. 726. <> (a) None of the funds
provided by this Act, or provided by previous Appropriations Acts to the
agencies funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any accounts in
the Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming, transfer of funds, or
reimbursements as authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority provided by
section 702(b) of the Department of Agriculture Organic
[[Page 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 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. <> 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 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. <> Of the unobligated balance of funds
available to the Department of Agriculture for the cost of broadband
loans under the heading ``Rural Development Programs--Rural Utilities
Service--Distance Learning, Telemedicine, and Broadband Program'' in
prior appropriation Acts, $25,320,000 is rescinded.
Sec. 738. <> Of the unobligated balances
provided pursuant to section 9004(d)(1) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8104), $28,045,000 are hereby
rescinded.
Sec. 739. Funds received by the Secretary of Agriculture in the
global settlement of any Federal litigation concerning Federal mortgage
loans during fiscal year 2012 may be expended, in addition to any other
available funds, by the Rural Housing Service to pay for costs
associated with servicing single family housing loans guaranteed by the
Rural Housing Service and such funds shall remain available until
expended.
Sec. 740. <> Not later than 30 days
after the date of enactment of this Act, the Secretary of Agriculture,
the Commissioner of the Food and Drug Administration, and the Chairman
of the Farm Credit Administration shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a detailed
spending plan by program, project, and activity for the funds made
available under this Act.
Sec. 741. There is hereby appropriated for the ``Emergency
Conservation Program'', $11,100,000, to remain available until expended;
for the ``Emergency Forestry Restoration Program'', $14,200,000, to
remain available until expended; and for the ``Emergency Watershed
Protection Program'', $65,454,000, to remain available until expended:
Provided, That not less than $48,257,000 made available for the
Emergency Watershed Protection Program under this general provision are
provided for necessary expenses for a major disaster declaration issued
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et. seq.).
[[Page 233]]
Sec. 742. <> None of the funds made
available by this or any other Act may be used to write, prepare, or
publish a final rule or an interim final rule in furtherance of, or
otherwise to implement, ``Implementation of Regulations Required Under
Title XI, of the Food, Conservation and Energy Act of 2008; Conduct in
Violation of the Act'' (75 Fed. Reg. 35338 (June 22, 2010)) unless the
combined annual cost to the economy of such rules does not exceed
$100,000,000 or such rules have already been published in compliance
with Section 721 of the Consolidated and Further Continuing
Appropriations Act, 2012, Public Law 112-55: Provided, That no funds
made available by this or any other Act be used to publish a final or
interim final rule in furtherance of, or otherwise to implement,
proposed sections 201.2(l), 201.2(t), 201.2(u), 201.3(c), 201.210,
201.211, 201.213, or 201.214 of ``Implementation of Regulations Required
Under Title XI of the Food, Conservation and Energy Act of 2008; Conduct
in Violation of the Act'' (75 Fed. Reg. 35338 (June 22, 2010)):
Provided further, That none of the funds made available by this or any
other Act may be used to implement such rules until 60 days from the
publication date of such rules: Provided further, That none of the
funds made available by this Act may be used to enforce or to take
regulatory action based on or in furtherance of sections 201.2(o),
201.3(a), or 201.215(a), of Title 9 of the Code of Federal Regulations,
as they exist at the time this Act is passed, or to write, prepare, or
publish a final or interim final rule in furtherance of, or otherwise to
implement, the definitions or criteria embodied in these sections:
Provided further, That the Secretary of Agriculture shall, within 60
days, rescind sections 201.2(o), 201.3(a), or 201.215(a), of Title 9 of
the Code of Federal Regulations.
Sec. 743. Notwithstanding any other provision of this Act--
(1) the amount made available for buildings operations and
maintenance expenses in the matter before the first proviso
under the heading ``Agriculture Buildings and Facilities and
Rental Payments'' under the heading ``AGRICULTURAL PROGRAMS'' in
title I shall be $52,169,000;
(2) the amount made available for necessary expenses to
carry out services authorized by the Federal Meat Inspection
Act, the Poultry Products Inspection Act, and the Egg Products
Inspection Act in the matter before the first proviso under the
heading ``Food Safety and Inspection Service'' under the heading
``AGRICULTURAL PROGRAMS'' in title I shall be $1,056,427,000;
and
(3) the amount made available to provide competitive grants
to State agencies in the second proviso under the heading
``child nutrition programs'' under the heading ``Food and
Nutrition Service'' under the heading ``DOMESTIC FOOD PROGRAMS''
in title IV shall be $10,000,000.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2013''.
DIVISION B--COMMERCE <> , JUSTICE, SCIENCE, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, for Departments of Commerce and
Justice, and Science, and Related Agencies for the
[[Page 234]]
fiscal year ending September 30, 2013, and for other purposes, namely:
TITLE I <>
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to sections 3702 and 3703 of title 44,
United States Code; full medical coverage for dependent members of
immediate families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of employees of
the International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States Code;
employment of citizens of the United States and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years, and
expenses of alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use abroad; payment
of tort claims, in the manner authorized in the first paragraph of
section 2672 of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official representation
expenses abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; obtaining insurance on
official motor vehicles; and rental of tie lines, $482,538,000, to
remain available until September 30, 2014, of which $11,360,000 is to be
derived from fees to be retained and used by the International Trade
Administration, notwithstanding section 3302 of title 31, United States
Code: Provided, That, of amounts provided under this heading, not less
than $16,400,000 shall be for China antidumping and countervailing duty
enforcement and compliance activities: Provided further, That the
provisions of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange Act of
1961 shall include payment for assessments for services provided as part
of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner authorized in the
first paragraph of section 2672 of title
[[Page 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, <> 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 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 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:
<> 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 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: <> 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 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 <> this Act: Provided further, That in
allocating grants under sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, no coastal State shall receive more
than 5 percent or less than 1 percent of increased funds appropriated
over the previous fiscal year: Provided further, That in addition, for
necessary retired pay expenses under the Retired Serviceman's Family
Protection and Survivor Benefits Plan, and for payments for the medical
care of retired personnel and their dependents under the Dependents
Medical Care Act (10 U.S.C. 55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $1,926,036,000, to remain available until
September 30, 2015, except that funds provided for construction of
facilities shall remain available until expended: Provided, That of the
$1,941,036,000 provided for in direct obligations under this heading,
$1,926,036,000 is appropriated from the general fund and $15,000,000 is
provided from recoveries of prior year obligations: Provided further,
That any deviation from the amounts designated for specific activities
in the statement accompanying this Act, or any use of deobligated
balances of funds provided under this heading in previous years, shall
be subject to the procedures set forth in section <> 505 of this Act: Provided further, That the Secretary of
Commerce shall include in budget justification materials that the
Secretary submits to Congress in support of the Department of Commerce
budget (as submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each National
Oceanic and Atmospheric
[[Page 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: <> Provided, That, of the funds provided
herein, the Secretary of Commerce may issue grants to the States of
Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the
Federally recognized tribes of the Columbia River and Pacific Coast
(including Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or endangered,
or that are identified by a State as at-risk to be so listed, for
maintaining populations necessary for exercise of tribal treaty fishing
rights or native subsistence fishing, or for conservation of Pacific
coastal salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further, That all
funds shall be allocated based on scientific and other merit principles
and shall not be available for marketing activities: Provided further,
That funds disbursed to States shall be subject to a matching
requirement of funds or documented in-kind contributions of at least 33
percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $350,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2013, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$59,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936: Provided, That none of the funds made available
under this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, <> $56,000,000: Provided, That the Secretary of Commerce shall
maintain a task force on job repatriation and manufacturing growth and
shall produce an
[[Page 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. <> During the current fiscal year,
applicable appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities specified in
the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the
manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may
be used for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in
that <> section: Provided further, That
the Secretary of Commerce shall notify the Committees on Appropriations
at least 15 days in advance of the acquisition or disposal of any
capital asset (including land, structures, and equipment) not
specifically provided for in this Act or any other law appropriating
funds for the Department of Commerce.
Sec. 104. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken for the care and
protection of loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
[[Page 242]]
Sec. 105. (a) Section 105(f) of the Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2012 (Public Law 112-55) <> is amended--
(1) by striking ``paragraph (2)'' and inserting ``subsection
(e)(2)''; and
(2) by striking ``this subsection'' and inserting
``subsection (e)''.
(b) <> The
requirements set forth by section 105 of the Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2012 (Public Law 112-55), as
amended by subsection (a) of this section, are hereby adopted by
reference.
Sec. 106. Notwithstanding any other provision of law, the Secretary
may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms, or
organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to the
Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which initially
bears the costs of such services.
Sec. 107. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 108. The Administrator of the National Oceanic and Atmospheric
Administration is authorized to use, with their consent, with
reimbursement and subject to the limits of available appropriations, the
land, services, equipment, personnel, and facilities of any department,
agency, or instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or possession, or of
any political subdivision thereof, or of any foreign government or
international organization, for purposes related to carrying out the
responsibilities of any statute administered by the National Oceanic and
Atmospheric Administration.
Sec. 109. <> The Department of Commerce
shall provide a monthly report to the Committees on Appropriations of
the House of Representatives and the Senate on any official travel to
China by any employee of the U.S. Department of Commerce, including the
purpose of such travel.
Sec. 110. Section 113(b)(3) of division B of Public Law 112-
55 <> is amended by striking ``2012'' and
inserting ``2013''.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2013''.
[[Page 243]]
TITLE II <>
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $110,822,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
For necessary expenses for information sharing technology, including
planning, development, deployment and departmental direction,
$33,426,000, to remain available until expended.
administrative review and appeals
(including transfer of funds)
For expenses necessary for the administration of pardon and clemency
petitions and immigration-related activities, $313,438,000, of which
$4,000,000 shall be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account.
office of inspector general
For necessary expenses of the Office of Inspector General,
$85,985,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $12,772,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; and rent of private or Government-owned space in the District
of Columbia, $881,000,000, of which not to exceed $10,000,000 for
litigation support contracts shall remain available until expended:
Provided, That of the total amount appropriated, not to exceed $9,000
shall be available to INTERPOL Washington for official reception
and <> representation expenses: Provided further,
That notwithstanding section 205 of this Act, upon a determination by
the Attorney General that emergent circumstances require additional
funding for litigation activities of
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the Civil Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from available
appropriations for the current fiscal year for the Department of
Justice, as may be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso shall be
treated as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That of the
amount appropriated, such sums as may be necessary shall be available to
reimburse the Office of Personnel Management for salaries and expenses
associated with the election monitoring program under section 8 of the
Voting Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That of
the amounts provided under this heading for the election monitoring
program, $3,390,000 shall remain available until expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $162,170,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and
estimated to be $115,000,000 in fiscal year 2013), shall be retained and
used for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2013, so as to result in a
final fiscal year 2013 appropriation from the general fund estimated at
$47,170,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,969,687,000: Provided, That of the total amount appropriated, not to
exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until <> expended: Provided further, That each United States
Attorney shall establish or participate in a United States Attorney-led
task force on human trafficking: Provided <>
further, That of the total amount appropriated, $10,000,000 shall only
be available after the Attorney General certifies that each United
States Attorney is participating in a United States Attorney-led task
force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $223,258,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That not
less than $1,500,000 shall be for debtor audits:
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Provided further, That, notwithstanding any other provision of law,
deposits to the Fund shall be available in such amounts as may be
necessary to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $223,258,000 of offsetting
collections pursuant to section 589a(b) of title 28, United States Code,
shall be retained and used for necessary expenses in this appropriation
and shall remain available until expended: Provided further, That the
sum herein appropriated from the Fund shall be reduced as such
offsetting collections are received during fiscal year 2013, so as to
result in a final fiscal year 2013 appropriation from the Fund estimated
at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,000,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private counsel
expenses, including advances, and for expenses of foreign counsel,
$270,000,000, to remain available until expended, of which not to exceed
$10,000,000 is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and maintenance
of armored and other vehicles for witness security caravans; and not to
exceed $11,000,000 is for the purchase, installation, maintenance, and
upgrade of secure telecommunications equipment and a secure automated
information network to store and retrieve the identities and locations
of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$12,036,000: <> Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for conflict
resolution and violence prevention activities of the Community Relations
Service, the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current fiscal
year for the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,948,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
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United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,196,000,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$15,000,000 shall remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related support,
$10,000,000, to remain available until expended.
federal prisoner detention
(including transfer of funds)
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $1,647,383,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18, United
States Code: Provided further, That the United States Marshals Service
shall be responsible for managing the Justice Prisoner and Alien
Transportation System: Provided further, That any unobligated balances
available from funds appropriated under the heading ``General
Administration, Detention Trustee'' shall be transferred to and merged
with the appropriation under this heading.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National
Security Division, $90,039,000, of which not to exceed $5,000,000 for
information technology systems shall remain available
until <> expended: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for the
activities of the National Security Division, the Attorney General may
transfer such amounts to this heading from available appropriations for
the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
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trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug trafficking,
$521,793,000, of which $50,000,000 shall remain available until
expended: Provided, That any amounts obligated from appropriations
under this heading may be used under authorities available to the
organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $8,185,007,000, of which not to exceed $216,900,000 shall remain
available until expended: Provided, That not to exceed $184,500 shall
be available for official reception and representation expenses:
<> Provided further, That $500,000 shall be for a
comprehensive review of the implementation of the recommendations
related to the Federal Bureau of Investigation that were proposed in the
report issued by the National Commission on Terrorist Attacks Upon the
United States.
construction
For necessary expenses, to include the cost of equipment, furniture,
and information technology requirements, related to construction or
acquisition of buildings, facilities and sites by purchase, or as
otherwise authorized by law; conversion, modification and extension of
Federally-owned buildings; preliminary planning and design of projects;
and operation and maintenance of secure work environment facilities and
secure networking capabilities; $80,982,000, to remain available until
expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in such
programs and the distribution of items of token value that promote the
goals of such programs, $2,050,904,000; of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement agencies
with or without reimbursement, including training in
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connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,153,345,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $15,000,000 shall remain available until expended:
Provided, <> That, in the current fiscal year
and any fiscal year thereafter, no funds appropriated under this or any
other Act shall be used to pay administrative expenses or the
compensation of any officer or employee of the United States to
implement an amendment or amendments to section 478.118 of title 27,
Code of Federal Regulations, or to change the definition of ``Curios or
relics'' in section 478.11 of title 27, Code of Federal Regulations, or
remove any item from ATF Publication 5300.11 as it existed on January 1,
1994: Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications for relief
from Federal firearms disabilities under section 925(c) of title 18,
United States Code: Provided further, That such funds shall be
available to investigate and act upon applications filed by corporations
for relief from Federal firearms disabilities under section 925(c) of
title 18, United States Code: Provided further, That no funds made
available by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol, Tobacco,
Firearms and Explosives to other agencies or <> Departments: Provided further, That, in the current fiscal year
and any fiscal year thereafter, no funds made available by this or any
other Act shall be expended to promulgate or implement any rule
requiring a physical inventory of any business licensed under section
923 of title 18, United States <> Code:
Provided further, That, in the current fiscal year and any fiscal year
thereafter, no funds authorized or made available under this or any
other Act may be used to deny any application for a license under
section 923 of title 18, United States Code, or renewal of such a
license due to a lack of business activity, provided that the applicant
is otherwise eligible to receive such a license, and is eligible to
report business income or to claim an income tax deduction for business
expenses under the Internal Revenue Code of 1986.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed 835, of
which 808 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$6,820,217,000: <> Provided, That the Attorney
General may transfer to the Health Resources and Services Administration
such amounts as may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal penal and
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correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
for necessary operations until September 30, 2014: Provided further,
That, of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security
in the United States of Cuban and Haitian entrants: Provided further,
That the Director of the Federal Prison System may accept donated
property and services relating to the operation of the prison card
program from a not-for-profit entity which has operated such program in
the past notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System relating
to the operation of pre-release services, halfway houses, or other
custodial facilities: Provided further, That of the amount provided
under this heading, not less than $99,496,000 shall be for activation of
newly constructed prisons in Berlin, New Hampshire, Aliceville, Alabama,
Yazoo City, Mississippi, and Hazelton, West Virginia, as requested in
the Department's fiscal year 2013 budget.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$90,000,000, to remain available until expended, of which not less than
$66,965,000 shall be available only for modernization, maintenance and
repair, and of which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The <> Federal Prison Industries, Incorporated, is
hereby authorized to make such expenditures, within the limits of funds
and borrowing authority available, and in accord with the law, and to
make such contracts and commitments, without regard to fiscal year
limitations as provided by section 9104 of title 31, United States Code,
as may be necessary in carrying out the program set forth in the budget
for the current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of passenger motor
vehicles.
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limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging to
the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims
services, $416,500,000, to remain available until expended: Provided,
That except as otherwise provided by law, not to exceed 5 percent of
funds made available under this heading may be used for expenses related
to evaluation, training, and technical assistance: Provided
further, <> That of the amount provided--
(1) $189,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $25,000,000 is for transitional housing assistance
grants for victims of domestic violence, stalking or sexual
assault as authorized by section 40299 of the 1994 Act;
(3) $3,500,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which may be transferred to ``Research,
Evaluation and Statistics'' for administration by the Office of
Justice Programs;
(4) $10,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs
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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
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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--
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(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;
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(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 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 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 <> 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 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, <> notwithstanding
section 1704(c) of such title (42 U.S.C. 3796dd-3(c)), funding
for hiring or rehiring a career law enforcement officer may not
exceed $125,000 unless the Director of the Office of Community
Oriented Policing Services grants a waiver from this limitation:
Provided further, That within the amounts appropriated,
$15,000,000 shall be transferred to the Tribal Resources Grant
Program: Provided further, That of the amounts appropriated
under this paragraph, $10,000,000 is for community policing
development activities in furtherance of the purposes in section
1701.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $50,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 202. <> None of the funds appropriated by
this title shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were carried to
term, or in the case of rape: Provided, That should this prohibition be
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
Sec. 203. <> None of the funds appropriated under
this title shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. <> Nothing in the preceding section
shall remove the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing in this
section in any way diminishes the effect of section 203 intended to
address the philosophical beliefs of individual employees of the Bureau
of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. <> The
Attorney General is authorized to extend through September 30, 2014, the
Personnel Management Demonstration Project transferred to the Attorney
General pursuant to section 1115 of the Homeland Security Act of 2002
(Public Law 107-296; 28 U.S.C. 599B) without limitation on the number of
employees or the positions covered.
[[Page 258]]
Sec. 207. <> Notwithstanding any other provision of law, during the current
fiscal year and any fiscal year thereafter, section 102(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1993 (Public Law 102-395) shall extend to
the Bureau of Alcohol, Tobacco, Firearms and Explosives in the conduct
of undercover investigative operations and shall apply with respect to
any undercover investigative operation by the Bureau of Alcohol,
Tobacco, Firearms and Explosives that is necessary for the detection and
prosecution of crimes against the United States.
Sec. 208. None <> of the funds made
available to the Department of Justice in this Act may be used for the
purpose of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is classified as a
maximum or high security prisoner, other than to a prison or other
facility certified by the Federal Bureau of Prisons as appropriately
secure for housing such a prisoner.
Sec. 209. (a) None <> of the funds
appropriated by this Act may be used by Federal prisons to purchase
cable television services, or to rent or purchase audiovisual or
electronic media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 210. <> None of the funds made available
under this title shall be obligated or expended for any new or enhanced
information technology program having total estimated development costs
in excess of $100,000,000, unless the Deputy Attorney General and the
investment review board certify to the Committees on Appropriations of
the House of Representatives and the Senate that the information
technology program has appropriate program management controls and
contractor oversight mechanisms in place, and that the program is
compatible with the enterprise architecture of the Department of
Justice.
Sec. 211. <> The notification thresholds and
procedures set forth in section 505 of this Act shall apply to
deviations from the amounts designated for specific activities in this
Act and accompanying statement, and to any use of deobligated balances
of funds provided under this title in previous years.
Sec. 212. None of the funds appropriated by this Act may be used to
plan for, begin, continue, finish, process, or approve a public-private
competition under the Office of Management and Budget Circular A-76 or
any successor administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 213. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States Attorney
from the residency requirements of section 545 of title 28, United
States Code.
Sec. 214. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by this
title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
[[Page 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. <> Upon request by a grantee for
whom the Attorney General has determined there is a fiscal hardship, the
Attorney General may, with respect to funds appropriated by this or any
other Act making appropriations for fiscal years 2010 through 2013 for
the following programs, waive the following requirements:
(1) For the Adult and Juvenile Offender State and Local
Reentry Demonstration Projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797w(g)(1)), the requirements under section 2976(g)(1) of such
part.
(2) For State, Tribal, and Local Reentry Courts under part
FF of title I of such Act of 1968 (42 U.S.C. 3797w-2(e)(1) and
(2)), the requirements under section 2978(e)(1) and (2) of such
part.
(3) For the Prosecution Drug Treatment Alternatives to
Prison Program under part CC of title I of such Act of 1968 (42
U.S.C. 3797q-3), the requirements under section 2904 of such
part.
(4) For Grants to Protect Inmates and Safeguard Communities
under the Prison Rape Elimination Act of 2003 (42 U.S.C.
15605(c)(3)), the requirements of section 6(c)(3) of such Act.
Sec. 216. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13709(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 217. <> None of the funds made available
under this Act, other than for the national instant criminal background
check system established under section 103 of the Brady Handgun Violence
Prevention Act (18 U.S.C. 922 note), may be used by a Federal law
enforcement officer to facilitate the transfer of an operable firearm to
an individual if the Federal law enforcement officer knows or suspects
that the individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 218. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2013.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat.
[[Page 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) <> The Attorney General shall
submit a spending plan to the Committees on Appropriations of the House
of Representatives and the Senate not later than 45 days after the date
of enactment of this Act detailing the planned distribution of Assets
Forfeiture Fund joint law enforcement operations funding during fiscal
year 2013.
(f) <> Subsections (a) through (d) of this
section shall sunset on September 30, 2013.
This title may be cited as the ``Department of Justice
Appropriations Act, 2013''.
[[Page 261]]
TITLE III <>
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses, and rental of
conference rooms in the District of Columbia, $5,850,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $5,144,000,000, to remain available until
September 30, 2014, of which up to $14,500,000 shall be available for a
reimbursable agreement with the Department of Energy for the purpose of
re-establishing facilities to produce fuel required for radioisotope
thermoelectric generators to enable future missions: Provided, That
$75,000,000 shall be for pre-formulation and/or formulation activities
for a mission that meets the science goals outlined for the Jupiter
Europa mission in the most recent planetary science decadal survey:
Provided further, That the formulation and development costs (with
development cost as defined under section 30104 of title 51, United
States Code) for the James Webb Space Telescope shall not exceed
$8,000,000,000: <> Provided
further, That should the individual identified under subsection
(c)(2)(E) of section 30104 of title 51, United States Code, as
responsible for the James Webb Space Telescope determine that the
development cost of the program is likely to exceed that limitation, the
individual shall immediately notify the Administrator and the increase
shall be treated as if it meets the 30 percent threshold described in
subsection (f) of section 30104.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire
[[Page 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 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, <> 2018: Provided,
That hereafter, notwithstanding section 315 of the National Aeronautics
and Space Act of 1958 (51 U.S.C. 20145), all proceeds from leases
entered into under that section shall be deposited into <> this account: Provided further, That such proceeds shall be
available for a period of 5 years to the extent and in amounts as
provided in annual appropriations Acts: Provided further, That such
proceeds referred to in the two preceding provisos shall be available
for obligation for fiscal year 2013 in an amount not
to <> exceed
$3,791,000: Provided further, That each annual budget request shall
include an annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 315 of the
National Aeronautics and Space Act of 1958 (51 U.S.C. 20145).
[[Page 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 <> 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 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 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 <> shall be an Inspector General at the Commission on Civil Rights
who shall have the duties, responsibilities, and authorities specified
in the Inspector General Act of 1978: Provided further, That an
individual appointed to the position of Inspector General of the
Government Accountability Office (GAO) shall, by virtue of such
appointment, also hold the position of Inspector General of the
Commission on Civil Rights: Provided further, That the Inspector
General of the Commission on Civil Rights shall utilize personnel of the
Office of Inspector General of GAO in performing the duties of the
Inspector General of the Commission on Civil Rights, and shall not
appoint any individuals to positions within the Commission on
Civil <> Rights: Provided
further, That the Inspector General may waive any statutorily required
reporting requirement (with the exception of the semiannual report
required by section 5 of the Inspector General Act of 1978) upon a
certification to the Committees on Appropriations of the House of
Representatives and the Senate that such report is not necessary
[[Page 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 <> 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 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)): <> Provided further,
That the authorities provided in section 205 of this Act shall be
applicable to the Legal Services Corporation: Provided further, That,
for the purposes of section 505 of this division, and section 3003 of
division G, the Legal Services Corporation shall be considered an agency
of the United States Government.
administrative provisions--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2012 and 2013, respectively.
Section 501(a)(2)(A) of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1996
(Public Law 104-134) <> is amended by striking
``on the basis of the most recent decennial census of population
conducted pursuant to section 141 of title 13, United States Code'' and
inserting ``triennially by the Bureau of the Census, except that, with
respect to fiscal year 2013, the change in allocation resulting from the
amendment made to this subparagraph by the Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2013 shall only be half of the
change which would otherwise result from that amendment in order to
phase in the change over a 2 year period''.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.), $3,081,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $51,251,000, of which $1,000,000 shall
remain available until expended: Provided, That not to exceed $111,600
shall be available for official reception and representation expenses.
[[Page 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. <> The expenditure of any appropriation
under this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 505. <> (a) Subject to
subsections (b) and (c), none of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2013, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2) eliminates a program, project or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames offices,
programs or activities; (6) contracts out or privatizes any functions or
activities presently performed by Federal employees; (7) augments
existing programs, projects or activities in excess of $500,000 or 10
percent, whichever is less, or reduces by 10 percent funding for any
program, project or activity, or numbers of personnel by 10 percent; or
(8) results from any general savings, including savings from a reduction
in personnel, which would result in a change in existing programs,
projects or activities as approved
[[Page 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) <> Subsection (b) of this section
shall sunset on September 30, 2013.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories, or its possessions.
(2) <> The term ``promotional items'' has the
meaning given the term in OMB Circular A-87, Attachment B, Item
(1)(f)(3).
Sec. 507. <> (a) The Departments of
Commerce and Justice, the National Science Foundation, and the National
Aeronautics and Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly report on the status of balances of appropriations at the
account level. For unobligated, uncommitted balances and unobligated,
committed balances the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted within
30 days of the end of the first quarter of fiscal year 2013,
[[Page 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 <> agency: Provided, That the authority
to transfer funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to carry out
this section shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Sec. 509. <> None of the funds
provided by this Act shall be available to promote the sale or export of
tobacco or tobacco products, or to seek the reduction or removal by any
foreign country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally to all
tobacco or tobacco products of the same type.
Sec. 510. <> Notwithstanding any other
provision of law, amounts deposited or available in the Fund established
by section 1402 of chapter XIV of title II of Public Law 98-473 (42
U.S.C. 10601) in any fiscal year in excess of $730,000,000 shall not be
available for obligation until the following fiscal year.
Sec. 511. <> None of the funds made
available to the Department of Justice in this Act may be used to
discriminate against or denigrate the religious or moral beliefs of
students who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians of such
students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 514. <> (a) Tracing
studies conducted by the Bureau of Alcohol, Tobacco, Firearms and
Explosives are released without adequate disclaimers regarding the
limitations of the data.
(b) For fiscal year 2013 and thereafter, the Bureau of Alcohol,
Tobacco, Firearms and Explosives shall include in all such data
releases, language similar to the following that would make clear that
trace data cannot be used to draw broad conclusions about firearms-
related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
[[Page 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. <> (a) The Inspectors
General of the Department of Commerce, the Department of Justice, the
National Aeronautics and Space Administration, the National Science
Foundation, and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of grants or
contracts for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may include
preliminary findings and a description of areas of particular interest,
within 180 days after initiating such an audit and every 180 days
thereafter until any such audit is completed.
(b) <> Within 60 days after
the date on which an audit described in subsection (a) by an Inspector
General is completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the results of the
audit available to the public on the Internet website maintained by the
Department, Administration, Foundation, or Corporation, respectively.
The results shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a banquet or
conference that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a banquet
or conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(d) <> Any person awarded a grant or contract
funded by amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the Administrator,
Director, or President, as appropriate, certifying that no funds derived
from the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial interest in
the person awarded the grant or contract.
(e) <> The provisions of
the preceding subsections of this section shall take effect 30 days
after the date on which the Director of the Office of Management and
Budget, in consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and requirements,
substantially similar to the requirements in such subsections,
consistently apply under the executive branch ethics program to all
Federal departments, agencies, and entities.
Sec. 516. (a) <> None of the
funds appropriated or otherwise made available under this Act may be
used by the Departments
[[Page 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) <> None of the funds appropriated
or otherwise made available under this Act may be used to acquire an
information technology system described in an assessment required by
subsection (a) and produced, manufactured or assembled by one or more
entities that are owned, directed or subsidized by the People's Republic
of China unless the head of the assessing entity described in subsection
(a) determines, and reports that determination to the Committees on
Appropriations of the House of Representatives and the Senate, that the
acquisition of such system is in the national interest of the United
States.
Sec. 517. <> None of the funds made available in
this Act shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the United States
Government.
Sec. 518. (a) <>
Notwithstanding any other provision of law or treaty, none of the funds
appropriated or otherwise made available under this Act or any other Act
may be expended or obligated by a department, agency, or instrumentality
of the United States to pay administrative expenses or to compensate an
officer or employee of the United States in connection with requiring an
export license for the export to Canada of components, parts,
accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International
Trafficking in Arms Regulations (ITAR), part 121, as it existed on April
1, 2005) with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of this
section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in
[[Page 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) <> The President may require export licenses under this
section on a temporary basis if the President determines, upon
publication first in the Federal Register, that the Government of Canada
has implemented or maintained inadequate import controls for the
articles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in
international terrorism or in the escalation of a conflict in another
nation. <> The President shall terminate the
requirements of a license when reasons for the temporary requirements
have ceased.
Sec. 519. <> Notwithstanding any other
provision of law, no department, agency, or instrumentality of the
United States receiving appropriated funds under this Act or any other
Act shall obligate or expend in any way such funds to pay administrative
expenses or the compensation of any officer or employee of the United
States to deny any application submitted pursuant to 22 U.S.C.
2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113,
for a permit to import United States origin ``curios or relics''
firearms, parts, or ammunition.
Sec. 520. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the text
of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 521. <> None of the funds
made available in this Act may be used to authorize or issue a national
security letter in contravention of any of the following laws
authorizing the Federal Bureau of Investigation to issue national
security letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act; The National
Security Act of 1947; USA PATRIOT Act; and the laws amended by these
Acts.
Sec. 522. <> If at any time during any
quarter, the program manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling more than
$75,000,000 has reasonable cause to believe that the total program cost
has increased by 10 percent, the program manager shall immediately
inform the respective Secretary, Administrator,
or <> Director. The Secretary, Administrator, or
Director shall notify the House and Senate Committees on Appropriations
within 30 days in writing of such increase, and shall include in such
notice: the date on which such determination was made; a statement of
the reasons for such increases; the action taken and proposed to be
taken to control future cost growth of the project; changes made in the
performance or schedule milestones and the degree to which such changes
have contributed to the increase in total program costs or procurement
costs; new estimates of the total project or procurement costs; and a
statement validating that the project's management structure is adequate
to control total project or procurement costs.
[[Page 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. <> The Departments,
agencies, and commissions funded under this Act, shall establish and
maintain on the homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General website
by which individuals may anonymously report cases of waste,
fraud, or abuse with respect to those Departments, agencies, and
commissions.
Sec. 525. <> None of the
funds appropriated or otherwise made available by this Act may be used
to enter into a contract in an amount greater than $5,000,000 or to
award a grant in excess of such amount unless the prospective contractor
or grantee certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the contractor or
grantee has filed all Federal tax returns required during the three
years preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not, more than
90 days prior to certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless the
assessment is the subject of an installment agreement or offer in
compromise that has been approved by the Internal Revenue Service and is
not in default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
(rescissions)
Sec. 526. <> (a) Of the unobligated balances
available to the Department of Justice, the following funds are hereby
rescinded, not later than September 30, 2013, from the following
accounts in the specified amounts--
(1) ``Working Capital Fund'', $26,000,000;
(2) ``Legal Activities, Assets Forfeiture Fund'',
$722,697,000;
(3) ``Bureau of Alcohol, Tobacco, Firearms and Explosives,
Violent Crime Reduction Program'', $1,028,000;
(4) ``Federal Prison System, Buildings and Facilities'',
$64,700,000;
(5) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $12,000,000;
(6) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $43,000,000; and
(7) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $12,200,000.
(b) <> The Department of Justice shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2013, specifying the amount
of each rescission made pursuant to subsection (a).
Sec. 527. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is inconsistent with
the principal negotiating objective of the United States with
[[Page 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. <> None
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer, release, or assist in the transfer or
release to or within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 531. (a) <> None of the funds appropriated or
otherwise made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United States, its
territories, or possessions to house any individual described in
subsection (c) for the purposes of detention or imprisonment in the
custody or under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
[[Page 277]]
Sec. 532. <> None of the funds made available under
this Act may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
Sec. 533. <> To the extent practicable, funds
made available in this Act should be used to purchase light bulbs that
are ``Energy Star'' qualified or have the ``Federal Energy Management
Program'' designation.
Sec. 534. The Director of the Office of Management and Budget shall
instruct any department, agency, or instrumentality of the United States
Government receiving funds appropriated under this Act to track
undisbursed balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on
the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
Sec. 535. (a) <> None of the funds made available by
this Act may be used for the National Aeronautics and Space
Administration (NASA) or the Office of Science and Technology Policy
(OSTP) to develop, design, plan, promulgate, implement, or execute a
bilateral policy, program, order, or contract of any kind to
participate, collaborate, or coordinate bilaterally in any way with
China or any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of enactment of
this Act.
(b) <> The limitation in subsection (a) shall
also apply to any funds used to effectuate the hosting of official
Chinese visitors at facilities belonging to or utilized by NASA.
(c) <> The limitations described in
subsections (a) and (b) shall not apply to activities which NASA or OSTP
has certified--
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) <> Any certification made under subsection (c)
shall be submitted to the Committees on Appropriations of the House of
Representatives and the Senate no later than 30 days prior to the
activity in question and shall include a description of the purpose of
the activity, its agenda, its major participants, and its location and
timing.
Sec. 536. None of the funds made available in this Act may be used
to relocate the Bureau of the Census or employees from
[[Page 278]]
the Department of Commerce to the jurisdiction of the Executive Office
of the President.
Sec. 537. <> The Departments of
Commerce and Justice, the National Aeronautics and Space Administration,
and the National Science Foundation shall submit spending plans, signed
by the respective department or agency head, to the Committees on
Appropriations of the House of Representatives and the Senate within 45
days after the date of enactment of this Act.
Sec. 538. <> None of the funds made available by
this Act may be used to pay the salaries or expenses of personnel to
deny, or fail to act on, an application for the importation of any model
of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily adaptable
to sporting purposes.
Sec. 539. (a) <> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 540. <> None of the funds made available
by this Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to, any corporation that was convicted
of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the
conviction, unless an agency has considered suspension or debarment of
the corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 541. <> None of the funds made available
by this Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless an agency
has considered suspension or debarment of the corporation and has made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 542. None of the funds made available by this Act may be used
to pay the salary of any officer or employee of the Department of
Commerce who uses amounts in the Fisheries Enforcement Asset Forfeiture
Fund of the National Oceanic and Atmospheric Administration that
consists of the sums described in section 311(e)(1) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1))
for any purpose other than a purpose specifically authorized under such
section.
[[Page 279]]
Sec. 543. (a) <> None of the funds made
available by this Act may be used to carry out the functions of the
Political Science Program in the Division of Social and Economic
Sciences of the Directorate for Social, Behavioral, and Economic
Sciences of the National Science Foundation, except for research
projects that the Director of the National Science Foundation certifies
as promoting national security or the economic interests of the United
States.
(b) <> The Director of the National Science
Foundation shall publish a statement of the reason for each
certification made pursuant to subsection (a) on the public website of
the National Science Foundation.
(c) Any unobligated balances for the Political Science Program
described in subsection (a) may be provided for other scientific
research and studies that do not duplicate those being funded by other
Federal agencies.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2013''.
DIVISION C <> --
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2013, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $40,199,263,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $26,902,346,000.
[[Page 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 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 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 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 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: <> Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $310,594,000, to remain available
until <> transferred: Provided, That the
Secretary of the Navy shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste,
[[Page 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 <> transferred: Provided further, That upon
a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $529,263,000, to remain
available until <> transferred: Provided, That
the Secretary of the Air Force shall, upon determining that such funds
are required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Air Force, or for similar purposes, transfer the funds
made available by this appropriation to other appropriations made
available to the Department of the Air Force, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which <> transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $11,133,000, to remain available
until <> transferred: Provided, That the
Secretary of Defense shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of Defense, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: <> Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
[[Page 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: <> Provided, That the
Secretary of the Army shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at sites
formerly used by the Department of Defense, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: <> Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $108,759,000, to remain available until
September 30, 2014.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and, with
appropriate authorization by the Department of Defense and Department of
State, to countries outside of the former Soviet Union, including
assistance provided by contract or by grants, for facilitating the
elimination and the safe and secure transportation and storage of
nuclear, chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training
and support of defense and military personnel for demilitarization and
protection of weapons, weapons components and weapons technology and
expertise, and for defense and military contacts, $519,111,000, to
remain available until September 30, 2015.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $50,198,000.
[[Page 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 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 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 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 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 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 <> 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 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 <> expended: Provided, That none of the funds
provided in this paragraph shall be used to award a new contract that
provides for the acquisition of any of the following major components
unless such components are manufactured in the United States: auxiliary
equipment, including pumps, for all shipboard services; propulsion
system components (engines, reduction gears, and propellers); shipboard
cranes; and spreaders for shipboard cranes:
<> Provided further, That the exercise of an option in
a contract awarded through the obligation of previously appropriated
funds shall not be considered to be the award of a new
contract: <> Provided further,
That the Secretary of the military department responsible for such
procurement may waive the restrictions in the first proviso on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$32,715,304,000; of which $30,885,165,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
until September 30, 2014, and of which up to $15,934,952,000 may be
available for contracts entered into under the TRICARE program; of which
$521,762,000, to remain available for obligation until September 30,
2015, shall be for procurement; and of which $1,308,377,000, to remain
available for obligation until September 30, 2014, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount made available
under this heading for research, development, test and evaluation, not
less than $8,000,000 shall be available for HIV prevention educational
activities undertaken in connection with United States military
training, exercises, and humanitarian assistance activities conducted
primarily in African nations: <> Provided
further, That of the funds provided to develop
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a joint Department of Defense--Department of Veterans Affairs (DOD-VA)
integrated Electronic Health Record, not more than 25 percent may be
obligated until the DOD-VA Interagency Program Office submits to the
Committees on Appropriations of both Houses of Congress, and such
Committees approve, a plan for expenditure that: (1) defines the budget
and cost baseline for development of the integrated Electronic Health
Record; (2) identifies the deployment timeline for the system for both
agencies; (3) breaks out annual and total spending for each Department;
(4) relays detailed cost-sharing business rules; (5) establishes data
standardization schedules between the Departments; (6) has been
submitted to the Government Accountability Office for review; and (7)
complies with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal Government.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,301,786,000, of which $635,843,000 shall
be for operation and maintenance, of which no less than $53,948,000
shall be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $22,214,000 for activities on military installations and
$31,734,000, to remain available until September 30, 2014, to assist
State and local governments; $18,592,000 shall be for procurement, to
remain available until September 30, 2015, of which $1,823,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to assist
State and local governments; and $647,351,000, to remain available until
September 30, 2014, shall be for research, development, test and
evaluation, of which $627,705,000 shall only be for the Assembled
Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,159,263,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which <> transferred: Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere in this
Act.
[[Page 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. <> During the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of <> Defense: Provided, That salary increases granted to direct
and indirect hire foreign national employees of the Department of
Defense funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees of the
Department of Defense whose pay is computed under the provisions of
section 5332 of title 5, United States Code, or at a rate in excess of
the percentage increase provided by the appropriate host nation to its
own employees, whichever is higher: Provided further, That this section
shall not apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, <> That the limitations of this
provision shall not apply to foreign national employees of the
Department of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
[[Page 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. <> Upon determination by the
Secretary of Defense that such action is necessary in the national
interest, he may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,000,000,000 of working capital funds
of the Department of Defense or funds made available in this Act to the
Department of Defense for military functions (except military
construction) between such appropriations or funds or any subdivision
thereof, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to which
transferred: Provided, That such authority to transfer may not be used
unless for higher priority items, based on unforeseen military
requirements, than those for which originally appropriated and in no
case where the item for which funds are requested has been denied by the
Congress: <> Provided further, That the Secretary
of Defense shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this Act:
<> Provided further, That no part of the
funds in this Act shall be available to prepare or present a request to
the Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
<> Provided further, That a request for multiple
reprogrammings of funds using authority provided in this section shall
be made prior to June 30, 2013: Provided further, That transfers among
military personnel appropriations shall not be taken into account for
purposes of the limitation on the amount of funds that may be
transferred under this section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this <> Act:
Provided, That section 8005 shall apply when transfers of the amounts
described in subsection (a) occur between appropriation accounts.
Sec. 8007. <> (a) Not later than 60 days
after enactment of this Act, the Department of Defense shall submit a
report to the congressional defense committees to establish the baseline
for application
[[Page 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) <> Notwithstanding section 8005 of this
Act, none of the funds provided in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional defense
committees that such reprogramming or transfer is necessary as an
emergency requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between
such <> funds: Provided further, That transfers
may be made between working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may be
determined by the Secretary of Defense, with the approval of the Office
of Management and Budget, except that such transfers may not be made
unless the Secretary of Defense has notified the Congress of the
proposed <> transfer. Except in amounts equal to
the amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure or
increase the value of war reserve material inventory, unless the
Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. <> 8009. Funds appropriated by
this Act may not be used to initiate a special access program without
prior notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. <> None of the funds provided in this Act shall be available
to initiate: (1) a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year of the
contract or that includes an unfunded contingent liability in excess of
$20,000,000; or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional defense
committees have been notified at least 30 days in advance of the
proposed contract award: Provided, That no part of any appropriation
contained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance procurement is
not funded at least to the limits of the Government's liability:
Provided further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement contracts for
any
[[Page 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, <> That no multiyear
procurement contract can be terminated without 10-day prior notification
to the congressional defense committees: Provided further, That the
execution of multiyear authority shall require the use of a present
value analysis to determine lowest cost compared to an
annual <> procurement: Provided further, That
none of the funds provided in this Act may be used for a multiyear
contract executed after the date of the enactment of this Act unless in
the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
F/A-18E, F/A-18F, and EA-18G aircraft; up to 10 DDG-51 Arleigh Burke
class Flight IIA guided missile destroyers, as well as the AEGIS Weapon
Systems, MK 41 Vertical Launching Systems, and Commercial Broadband
Satellite Systems associated with those vessels; SSN-774 Virginia class
submarine and government-furnished equipment; CH-47 Chinook helicopter;
and V-22 Osprey aircraft variants.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. <> Such funds may also be obligated for
humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of chapter
20 of title 10, United States Code, and these obligations shall be
reported as required by section 401(d) of title 10, United States Code:
<> Provided, That funds
available for operation and maintenance shall be available for providing
humanitarian and similar assistance by using Civic Action Teams in the
Trust Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized by
Public Law 99-239: <> Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
[[Page 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) <> The fiscal year 2014
budget request for the Department of Defense as well as all
justification material and other documentation supporting the fiscal
year 2014 Department of Defense budget request shall be prepared and
submitted to the Congress as if subsections (a) and (b) of this
provision were effective with regard to fiscal year 2014.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. <> None of the funds made available by
this Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before the Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior to
October 1, 1987: <> Provided further, That this
section applies only to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8016. <> None of the funds in
this Act may be available for the purchase by the Department of Defense
(and its departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the anchor and
mooring chain are manufactured in the United States from components
which are substantially manufactured in the United States:
<> Provided, That for the purpose of this section,
the term ``manufactured'' shall include cutting, heat treating, quality
control, testing of chain and welding (including the forging and shot
blasting process): Provided further, That for the purpose of this
section substantially all of the components of anchor and mooring chain
shall be considered to be produced or manufactured in the United States
if the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: <> Provided further, That
[[Page 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. <> None of the
funds available to the Department of Defense may be used to demilitarize
or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber
rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that are not
otherwise prohibited from commercial sale under Federal law, unless the
small arms ammunition or ammunition components are certified by the
Secretary of the Army or designee as unserviceable or unsafe for further
use.
Sec. 8018. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
<> Provided, That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the congressional defense committees that such
a relocation is required in the best interest of the Government.
Sec. 8019. <> In addition to the funds provided
elsewhere in this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor
at any tier that makes a subcontract award to any subcontractor or
supplier as defined in section 1544 of title 25, United States Code, or
a small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed additional
compensation under section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with respect to any
fiscal year: <> Provided further, That
notwithstanding section 1906 of title 41, United States Code, this
section shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or manufactured, in
whole or in part, by any subcontractor or supplier defined in section
1544 of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section 4221(9)
of title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8021. <> During the current fiscal year, the
Department of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section 2350j(c) of title
10, United States Code, in anticipation of receipt of contributions,
only from the Government of Kuwait, under that section: Provided, That
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
[[Page 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) <> The Secretary of Defense shall, with the
submission of the department's fiscal year 2014 budget request, submit a
report presenting the specific amounts of staff years of technical
effort to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.
Sec. 8024. <> None of the funds appropriated or
made available in this Act shall be used to procure carbon, alloy, or
armor steel plate for use in any Government-owned facility or property
under
[[Page 302]]
the control of the Department of Defense which were not melted and
rolled in the United States or Canada:
<> Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate:
<> Provided further, That the
Secretary of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions shall not
apply to contracts which are in being as of the date of the enactment of
this Act.
Sec. 8025. <> For the purposes of this Act, the
term ``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services Committee
of the Senate, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
Sec. 8026. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
<> Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power of
delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget Circular
A-76 shall not apply to competitions conducted under this section.
Sec. 8027. <> (a)(1) If the Secretary of Defense, after consultation with the
United States Trade Representative, determines that a foreign country
which is party to an agreement described in paragraph (2) has violated
the terms of the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) <> An agreement referred to in paragraph (1)
is any reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to which the
Secretary of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) <> The Secretary of Defense shall submit to the
Congress a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2013. Such report shall separately
indicate the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2), the
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
[[Page 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) <> Notwithstanding any other provision of law, the Secretary of
the Air Force may convey at no cost to the Air Force, without
consideration, to Indian tribes located in the States of Nevada, Idaho,
North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington
relocatable military housing units located at Grand Forks Air Force
Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth
Air Force Base, and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any conflicts
among requests of Indian tribes for housing units under subsection (a)
before submitting requests to the Secretary of the Air Force under
subsection (b).
(d) <> In this section, the term ``Indian tribe''
means any recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the Federally
Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792;
25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $250,000.
Sec. 8031. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) <> The fiscal year 2014 budget request
for the Department of Defense as well as all justification material and
other documentation supporting the fiscal year 2014 Department of
Defense budget shall be prepared and submitted to the Congress on the
basis that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted
for in a proposed fiscal year 2014 procurement appropriation and not in
the supply management business area or any other
[[Page 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: <> Provided, That funds
appropriated, transferred, or otherwise credited to the Central
Intelligence Agency Central Services Working Capital Fund during this or
any prior or subsequent fiscal year shall remain available until
expended: Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action programs
authorized by the President under section 503 of the National Security
Act of 1947, as amended, shall remain available until September 30,
2014.
Sec. 8033. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8034. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8035. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act. For purposes of
this subsection, the term ``Buy American Act'' means chapter 83 of title
41, United States Code.
(b) <> If the
Secretary of Defense determines that a person has been convicted of
intentionally affixing a label bearing a ``Made in America'' inscription
to any product sold in or shipped to the United States that is not made
in America, the Secretary shall determine, in accordance with section
2410f of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality competitive, and available in a timely fashion.
Sec. 8036. <> None of the funds
appropriated by this Act shall be available for a contract for studies,
analysis, or consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the activity
responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
[[Page 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) <> The
Secretary of Defense or Secretary of a military department may waive the
limitations in subsection (a), on a case-by-case basis, if the Secretary
determines, and certifies to the Committees on Appropriations of the
House of Representatives and Senate that the granting of the waiver will
reduce the personnel requirements or the financial requirements of the
department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive
devices, and, as determined by the Secretary of the Army, other
similar threats; or
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense.
Sec. 8038. None of the funds made available in this Act may be used
to approve or license the sale of the F-22A advanced tactical fighter to
any foreign government: Provided, That the Department of Defense may
conduct or participate in studies, research, design and other activities
to define and develop a future export version of the F-22A that protects
classified and sensitive information, technologies and U.S. warfighting
capabilities.
Sec. 8039. <> (a) None of the funds appropriated
by this Act shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or after the
date of the enactment of this Act, is performed by Department of Defense
civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
[[Page 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 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. <> 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 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: <> Provided, That the Service Surgeons General
may waive this section by certifying to the congressional defense
committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
Sec. 8045. (a) <> None
of the funds available to the Department of Defense for any fiscal year
for drug interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) <> None of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any other department
or agency of the United States except as specifically provided in an
appropriations law.
Sec. 8046. <> None of the funds
appropriated by this Act may be used for the procurement of ball and
roller bearings other than those produced by a domestic source and of
domestic <> origin: Provided,
That the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes:
<> Provided further, That this restriction shall
not apply to the purchase of ``commercial items'', as defined by section
4(12) of the Office of Federal Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8047. <> None of the
funds in this Act may be used to purchase any supercomputer which is not
manufactured in the United States, unless the Secretary of Defense
certifies to the congressional defense committees that such an
acquisition must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8048. <> None of the funds made available in
this or any other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or implements the
transfer of administrative responsibilities or budgetary resources of
any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act without
the express authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8049. <> (a) Notwithstanding any
other provision of law, none of the funds available to the Department of
Defense for the
[[Page 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) <> This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement,
or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services to
be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such
replacement.
Sec. 8050. <> None of the funds available to the
Department of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8052. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be
[[Page 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) <> Notwithstanding any other
provision of law, the Chief of the National Guard Bureau may permit the
use of equipment of the National Guard Distance Learning Project by any
person or entity on a space-available, reimbursable basis. The Chief of
the National Guard Bureau shall establish the amount of reimbursement
for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8054. <> Using funds made available by this
Act or any other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States Code, may
implement cost-effective agreements for required heating facility
modernization in the Kaiserslautern Military Community in the Federal
Republic of Germany: <> Provided, That in the City
of Kaiserslautern and at the Rhine Ordnance Barracks area, such
agreements will include the use of United States anthracite as the base
load energy for municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army Regional
Medical Center and Ramstein Air Base, furnished heat may be obtained
from private, regional or municipal services, if provisions are included
for the consideration of United States coal as an energy source.
Sec. 8055. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Intelligence
Program: <> Provided further,
That the Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations
of the
[[Page 311]]
House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8056. (a) <> The
Secretary of Defense may, on a case-by-case basis, waive with respect to
a foreign country each limitation on the procurement of defense items
from foreign sources provided in law if the Secretary determines that
the application of the limitation with respect to that country would
invalidate cooperative programs entered into between the Department of
Defense and the foreign country, or would invalidate reciprocal trade
agreements for the procurement of defense items entered into under
section 2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced in the
United States for that country.
(b) <> Subsection (a) applies with
respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under headings
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
8211, 8215, and 9404.
Sec. 8057. <> (a) None of the funds made
available by this Act may be used to support any training program
involving a unit of the security forces or police of a foreign country
if the Secretary of Defense has received credible information from the
Department of State that the unit has committed a gross violation of
human rights, unless all necessary corrective steps have been taken.
(b) <> The Secretary of Defense, in
consultation with the Secretary of State, shall ensure that prior to a
decision to conduct any training program referred to in subsection (a),
full consideration is given to all credible information available to the
Department of State relating to human rights violations by foreign
security forces.
(c) <> The Secretary of
Defense, after consultation with the Secretary of State, may waive the
prohibition in subsection (a) if he determines that such waiver is
required by extraordinary circumstances.
(d) <> Not more than 15 days after the
exercise of any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense committees describing
the extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign security
forces involved in the training program, and the information relating to
human rights violations that necessitates the waiver.
Sec. 8058. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
[[Page 312]]
Sec. 8059. <> Notwithstanding any other
provision of law, funds appropriated in this Act under the heading
``Research, Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or joint
capability demonstration project may only be obligated 45 days after a
report, including a description of the project, the planned acquisition
and transition strategy and its estimated annual and total cost, has
been provided in writing to the congressional defense committees:
Provided, <> That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8060. <> The Secretary of
Defense shall provide a classified quarterly report beginning 30 days
after enactment of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as directed in
the classified annex accompanying this Act.
Sec. 8061. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support to
another department or agency of the United States if such department or
agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable basis,
and is providing the requested support pursuant to such authority:
<> Provided further, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8062. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8063. <> None of the funds provided
in this Act may be used to transfer to any nongovernmental entity
ammunition held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary tracer (API-T)'',
except to an entity performing demilitarization services for the
Department of Defense under a contract that requires the entity to
demonstrate to the satisfaction of the Department of Defense that armor
piercing projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture of
ammunition for export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of State.
Sec. 8064. <> Notwithstanding
any other provision of law, the Chief of the National Guard Bureau, or
his designee, may waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10, United
States Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in section 508(d)
[[Page 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. <> None of the
funds appropriated by this Act shall be used for the support of any
nonappropriated funds activity of the Department of Defense that
procures malt beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt beverages and
wine are procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be made in
any State in which the installation is <> located:
Provided further, That such local procurement requirements for malt
beverages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with another
State: Provided further, That alcoholic beverages other than wine and
malt beverages, in contiguous States and the District of Columbia shall
be procured from the most competitive source, price and other factors
considered.
(including transfer of funds)
Sec. 8066. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $133,381,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal
Government: <> Provided further, That
the Secretary of Defense is authorized to enter into and carry out
contracts for the acquisition of real property, construction, personal
services, and operations related to projects carrying out the purposes
of this section: Provided further, That contracts entered into under
the authority of this section may provide for such indemnification as
the Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with applicable
Federal, State, and local law to the maximum extent consistent with the
national security, as determined by the Secretary of Defense.
Sec. 8067. <> Section 8106 of the Department
of Defense Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10
U.S.C. 113 note) shall continue in effect to apply to disbursements that
are made by the Department of Defense in fiscal year 2013.
(including transfer of funds)
Sec. 8068. During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and Maintenance,
Defense-Wide'' may be transferred to the Department of State ``Global
Security Contingency Fund'': Provided, That this transfer authority is
in addition to any other transfer authority available to the Department
of Defense: <> Provided further, That
the Secretary of Defense shall, not fewer than 30 days prior to making
transfers to the Department of State ``Global Security Contingency
Fund'', notify the congressional defense committees
[[Page 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:
<> Provided,
That notwithstanding any other provision of law, that upon the
determination of the Secretary of Defense that it shall serve the
national interest, these funds shall be available only for a grant to
the Fisher House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of military
family members when confronted with the illness or hospitalization of an
eligible military beneficiary.
(including transfer of funds)
Sec. 8070. <> Of the amounts appropriated in this
Act under the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'', $479,736,000 shall be
for the Israeli Cooperative Programs: Provided, That of this amount,
$211,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense system
to counter short-range rocket threats, $149,679,000 shall be for the
Short Range Ballistic Missile Defense (SRBMD) program, including cruise
missile defense research and development under the SRBMD program, of
which $39,200,000 shall be for production activities of SRBMD missiles
in the United States and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and procedures,
$74,692,000 shall be available for an upper-tier component to the
Israeli Missile Defense Architecture, and $44,365,000 shall be for the
Arrow System Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That funds made
available under this provision for production of missiles and missile
components may be transferred to appropriations available for the
procurement of weapons and equipment, to be merged with and to be
available for the same time period and the same purposes as the
appropriation to which transferred: Provided further, That the transfer
authority provided under this provision is in addition to any other
transfer authority contained in this Act.
Sec. 8071. (a) None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of U.S.
Navy forces assigned to the Pacific fleet.
(b) None of the funds available to the Department of Defense may be
obligated to modify command and control relationships to give United
States Transportation Command operational and administrative control of
C-130 and KC-135 forces assigned to the Pacific and European Air Force
Commands.
(c) The command and control relationships in subsections (a) and (b)
which existed on March 13, 2011, shall remain in force unless changes
are specifically authorized in a subsequent Act.
(d) This subsection does not apply to administrative control of Navy
Air and Missile Defense Command.
[[Page 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. <> None of the funds provided in
this Act shall be available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new program, project,
or activity unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8075. <> The budget of the President
for fiscal year 2014 submitted to the Congress pursuant to section 1105
of title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed Forces'
participation in contingency operations for the Military Personnel
accounts, the Operation and Maintenance accounts, and the Procurement
accounts: Provided, That these documents shall include a description of
the funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for each
appropriations account: Provided further, That these documents shall
include estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates of the
major weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management
Regulation) for all contingency operations for the budget year and the
two preceding fiscal years.
Sec. 8076. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8077. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby appropriated
to the Department of Defense:
<> Provided, That upon the determination
of the Secretary of Defense that it shall serve the
[[Page 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. <> None of
the funds appropriated or made available in this Act shall be used to
reduce or disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve, if such action would reduce the WC-
130 Weather Reconnaissance mission below the levels funded in this Act:
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
Sec. 8079. <> None of the funds
provided in this Act shall be available for integration of foreign
intelligence information unless the information has been lawfully
collected and processed during the conduct of authorized foreign
intelligence activities: Provided, That information pertaining to
United States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United States
Constitution as implemented through Executive Order No. 12333.
Sec. 8080. (a) <