In the nature of a substitute.

SA 26. Ms. MIKULSKI (for herself and Mr. Shelby) submitted an
amendment

[[Page S1599]]

intended to be proposed by her to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

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

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

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

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

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

DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2013

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

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

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

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

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

DIVISION F--FURTHER CONTINUING APPROPRIATIONS ACT, 2013

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

DIVISION G--OTHER MATTERS

SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to
``this Act'' contained in division A, B, C, D, or E of this
Act shall be treated as referring only to the provisions of
that division.

SEC. 4. EXPLANATORY STATEMENT.

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

SEC. 5. AVAILABILITY OF FUNDS.

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

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

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

TITLE I

AGRICULTURAL PROGRAMS

Production, Processing and Marketing

Office of the Secretary

(including transfers of funds)

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

Executive Operations

office of the chief economist

For necessary expenses of the Office of the Chief
Economist, $16,008,000, of which $4,000,000 shall be for
grants or cooperative agreements for policy research under 7
U.S.C. 3155 and shall be obligated within 90 days of the
enactment of this Act.

national appeals division

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

office of budget and program analysis

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

Office of the Chief Information Officer

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

Office of the Chief Financial Officer

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

Office of the Assistant Secretary for Civil Rights

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

Office of Civil Rights

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

Agriculture Buildings and Facilities and Rental Payments

(including transfers of funds)

For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
486, for programs and activities of the Department which are
included in this Act, and for alterations and

[[Page S1600]]

other actions needed for the Department and its agencies to
consolidate unneeded space into configurations suitable for
release to the Administrator of General Services, and for the
operation, maintenance, improvement, and repair of
Agriculture buildings and facilities, and for related costs,
$271,336,000, to remain available until expended, of which
$175,694,000 shall be available for payments to the General
Services Administration for rent; of which $13,473,000 is for
payments to the Department of Homeland Security for building
security activities; and of which $82,169,000 is for
buildings operations and maintenance expenses:  Provided,
That the Secretary may use unobligated prior year balances of
an agency or office that are no longer available for new
obligation to cover shortfalls incurred in prior year rental
payments for such agency or office:  Provided further, That
the Secretary is authorized to transfer funds from a
Departmental agency to this account to recover the full cost
of the space and security expenses of that agency that are
funded by this account when the actual costs exceed the
agency estimate which will be available for the activities
and payments described herein.

Hazardous Materials Management

(including transfers of funds)

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

Office of Inspector General

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

Office of the General Counsel

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

Office of Ethics

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

Office of the Under Secretary for Research, Education and Economics

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

Economic Research Service

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

National Agricultural Statistics Service

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

Agricultural Research Service

salaries and expenses

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

National Institute of Food and Agriculture

research and education activities

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

native american institutions endowment fund

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

extension activities

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

integrated activities

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

Office of the Under Secretary for Marketing and Regulatory Programs

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

Animal and Plant Health Inspection Service

salaries and expenses

(including transfers of funds)

For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $821,851,000,
of which $1,500,000, to remain available until expended,
shall be available for the control of outbreaks of insects,
plant diseases, animal diseases and for control of pest
animals and birds (``contingency fund'') to the extent
necessary to meet emergency conditions; of which $15,970,000,
to remain available until expended, shall be used for the
cotton pests program for cost share purposes or for debt
retirement for active eradication zones; of which
$36,858,000, to remain available until expended, shall be for
Animal Health Technical Services; of which $696,000 shall be
for activities under the authority of the Horse Protection
Act of 1970, as amended (15 U.S.C. 1831); of which
$52,000,000, to remain available until expended, shall be
used to support avian health; of which $4,335,000, to remain
available until expended, shall be for information technology
infrastructure; of which $153,950,000, to remain available
until expended, shall be for specialty crop pests; of which,
$9,068,000, to remain available until expended, shall be for
field crop and rangeland ecosystem pests; of which
$56,638,000, to

[[Page S1601]]

remain available until expended, shall be for tree and wood
pests; of which $2,750,000, to remain available until
expended, shall be for the National Veterinary Stockpile; of
which up to $1,500,000, to remain available until expended,
shall be for the scrapie program for indemnities; of which
$1,500,000, to remain available until expended, shall be for
the wildlife damage management program for aviation safety:
Provided, That of amounts available under this heading for
wildlife services methods development, $1,000,000 shall
remain available until expended:  Provided further, That of
amounts available under this heading for the screwworm
program, $4,971,000 shall remain available until expended:
Provided further, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the
States of at least 40 percent:  Provided further, That this
appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed
four, of which two shall be for replacement only:  Provided
further, That in addition, in emergencies which threaten any
segment of the agricultural production industry of this
country, the Secretary may transfer from other appropriations
or funds available to the agencies or corporations of the
Department such sums as may be deemed necessary, to be
available only in such emergencies for the arrest and
eradication of contagious or infectious disease or pests of
animals, poultry, or plants, and for expenses in accordance
with sections 10411 and 10417 of the Animal Health Protection
Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the
Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with
such transferred amounts:  Provided further, That
appropriations hereunder shall be available pursuant to law
(7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
In fiscal year 2013, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.

buildings and facilities

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

Agricultural Marketing Service

Marketing Services

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

limitation on administrative expenses

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

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

(including transfers of funds)

Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $20,056,000 for formulation
and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937
and the Agricultural Act of 1961.

payments to states and possessions

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

Grain Inspection, Packers and Stockyards Administration

salaries and expenses

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

limitation on inspection and weighing services expenses

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

Office of the Under Secretary for Food Safety

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

Food Safety and Inspection Service

For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $50,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,001,427,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f):
Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until expended:  Provided further, That no fewer than 148
full-time equivalent positions shall be employed during
fiscal year 2013 for purposes dedicated solely to inspections
and enforcement related to the Humane Methods of Slaughter
Act:  Provided further, That the Food Safety and Inspection
Service shall continue implementation of section 11016 of
Public Law 110-246:  Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.

Office of the Under Secretary for Farm and Foreign Agricultural
Services

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

Farm Service Agency

salaries and expenses

(including transfers of funds)

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

state mediation grants

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

grassroots source water protection program

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

dairy indemnity program

(including transfer of funds)

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

agricultural credit insurance fund program account

(including transfers of funds)

For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), and Indian highly
fractionated land loans (25 U.S.C. 488) to be available from
funds in the Agricultural Credit Insurance Fund, as follows:
$1,500,000,000 for guaranteed farm ownership loans and
$475,000,000 for farm ownership direct loans; $1,500,000,000
for unsubsidized guaranteed operating loans and
$1,050,090,000 for direct operating loans; emergency loans,
$34,658,000; Indian tribe land acquisition loans, $2,000,000;
guaranteed conservation loans, $150,000,000; Indian highly
fractionated land loans, $10,000,000; and for boll weevil
eradication program loans, $100,000,000:  Provided, That the
Secretary shall deem the pink bollworm to be a boll weevil
for the

[[Page S1602]]

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

Risk Management Agency

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

CORPORATIONS

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

Federal Crop Insurance Corporation Fund

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

Commodity Credit Corporation Fund

reimbursement for net realized losses

(including transfers of funds)

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

hazardous waste management

(limitation on expenses)

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

TITLE II

CONSERVATION PROGRAMS

Office of the Under Secretary for Natural Resources and Environment

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

Natural Resources Conservation Service

conservation operations

For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $830,998,000, to remain available
until September 30, 2014:  Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000:  Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a.

watershed rehabilitation program

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

TITLE III

RURAL DEVELOPMENT PROGRAMS

Office of the Under Secretary for Rural Development

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

Rural Development Salaries and Expenses

(including transfers of funds)

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

Rural Housing Service

rural housing insurance fund program account

(including transfers of funds)

For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $900,000,000 shall be for direct
loans and $24,000,000,000 shall be for unsubsidized
guaranteed loans; $27,952,000 for section 504 housing repair
loans; $31,277,000 for section 515 rental housing;
$150,000,000 for section 538 guaranteed multi-family housing
loans; $10,000,000 for credit sales of single family housing
acquired property; and $5,000,000 for section 523 self-help
housing land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $53,730,000 shall be for direct loans; section 504
housing repair loans, $3,821,000; and repair, rehabilitation,
and new construction of section 515 rental housing,
$11,000,000:  Provided, That to support the loan program
level for section 538 guaranteed loans made available under
this heading the Secretary may charge or adjust any fees to
cover the projected cost of such loan guarantees pursuant to
the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661
et seq.), and the interest on such loans may not be
subsidized:  Provided further, That applicants in communities
that have a current rural area waiver under section 541 of
the Housing Act of 1949 (42 U.S.C. 1490q) shall be treated as
living in a rural area for purposes of section 502 guaranteed
loans provided under this heading:  Provided further, That of
the total amount appropriated in this paragraph, the amount
equal to the amount of Rural Housing Insurance Fund Program
Account funds allocated by the Secretary for Rural Economic
Area Partnership Zones for the fiscal year 2012, shall be
available through June 30, 2013, for communities designated
by the Secretary of Agriculture as Rural Economic Area
Partnership Zones:  Provided further, That of the amounts
available under this paragraph for section 502 direct loans,
no less than $5,000,000 shall be available for direct loans
for individuals whose homes will be built pursuant to a
program funded with a mutual and self help housing grant
authorized by section 523 of the Housing Act of 1949 until
June 1, 2013.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by 42 U.S.C. 1484 and 1486,
$16,526,000, to remain available until expended, for direct
farm labor housing loans and domestic farm labor housing
grants and contracts:  Provided, That any balances available
for the Farm Labor Program Account shall be transferred to
and merged with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $410,627,000
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.

rental assistance program

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

[[Page S1603]]

balances remaining at the end of such 1-year agreements may
be transferred and used for the purposes of any debt
reduction; maintenance, repair, or rehabilitation of any
existing projects; preservation; and rental assistance
activities authorized under title V of the Act:  Provided
further, That rental assistance provided under agreements
entered into prior to fiscal year 2013 for a farm labor
multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a
period of 12 consecutive months, if such project has a
waiting list of tenants seeking such assistance or the
project has rental assistance eligible tenants who are not
receiving such assistance:  Provided further, That such
recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act.

multi-family housing revitalization program account

For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, and for additional costs to
conduct a demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph, $27,782,000, to remain available
until expended:  Provided, That of the funds made available
under this heading, $10,000,000, shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid after
September 30, 2005:  Provided further, That the amount of
such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent
for such unit:  Provided further, That funds made available
for such vouchers shall be subject to the availability of
annual appropriations:  Provided further, That the Secretary
shall, to the maximum extent practicable, administer such
vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the
Secretary of the Department of Housing and Urban Development:
Provided further, That if the Secretary determines that the
amount made available for vouchers in this or any other Act
is not needed for vouchers, the Secretary may use such funds
for the demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph:  Provided further, That of the
funds made available under this heading, $17,782,000 shall be
available for a demonstration program for the preservation
and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems
appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for
the purpose of providing safe and affordable housing for low-
income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives
(including the ability of owners to obtain reasonable returns
on investment) required by the Secretary:  Provided further,
That the Secretary shall as part of the preservation and
revitalization agreement obtain a restrictive use agreement
consistent with the terms of the restructuring:  Provided
further, That if the Secretary determines that additional
funds for vouchers described in this paragraph are needed,
funds for the preservation and revitalization demonstration
program may be used for such vouchers:  Provided further,
That if Congress enacts legislation to permanently authorize
a multi-family rental housing loan restructuring program
similar to the demonstration program described herein, the
Secretary may use funds made available for the demonstration
program under this heading to carry out such legislation with
the prior approval of the Committees on Appropriations of
both Houses of Congress:  Provided further, That in addition
to any other available funds, the Secretary may expend not
more than $1,000,000 total, from the program funds made
available under this heading, for administrative expenses for
activities funded under this heading.

mutual and self-help housing grants

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

rural housing assistance grants

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

Rural Community Facilities Program Account

(including transfers of funds)

For gross obligations for the principal amount of direct
loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development
Act, $2,200,000,000 for direct loans and $57,481,000 for
guaranteed loans.
For the cost of guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, $3,880,000, to remain
available until expended.
For the cost of grants for rural community facilities
programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $28,428,000, to remain available until
expended:  Provided, That $6,121,000 of the amount
appropriated under this heading shall be available for a
Rural Community Development Initiative:  Provided further,
That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and
community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes
to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas:  Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance:  Provided further,
That such intermediary organizations shall provide matching
funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That $5,938,000 of the amount appropriated
under this heading shall be to provide grants for facilities
in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5
percent for administration and capacity building in the State
rural development offices:  Provided further, That $3,369,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act:  Provided
further, That of the total amount appropriated under this
heading, the amount equal to the amount of Rural Community
Facilities Program Account funds allocated by the Secretary
for Rural Economic Area Partnership Zones for the fiscal year
2012, shall be available through June 30, 2013, for
communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones:  Provided further,
That sections 381E-H and 381N of the Consolidated Farm and
Rural Development Act are not applicable to the funds made
available under this heading.

Rural Business--Cooperative Service

rural business program account

(including transfers of funds)

For the cost of loan guarantees and grants, for the rural
business development programs authorized by sections 306 and
310B and described in subsections (f) and (g) of section 310B
and section 381E(d)(3) of the Consolidated Farm and Rural
Development Act, $85,904,000, to remain available until
expended:  Provided, That of the amount appropriated under
this heading, not to exceed $1,000,000 shall be made
available for two grants to qualified national organizations
to provide technical assistance for rural transportation in
order to promote economic development and $3,000,000 shall be
for grants to the Delta Regional Authority (7 U.S.C. 2009aa
et seq.) for any Rural Community Advancement Program purpose
as described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may
be used for administrative expenses:  Provided further, That
$4,000,000 of the amount appropriated under this heading
shall be for business grants to benefit Federally Recognized
Native American Tribes, including $250,000 for a grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development:  Provided further, That of the total
amount appropriated under this heading, the amount equal to
the amount of Rural Business Program Account funds allocated
by the Secretary for Rural Economic Area Partnership Zones
for the fiscal year 2012, shall be available through June 30,
2013, for communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones for the
rural business and cooperative development programs described
in section 381E(d)(3) of the Consolidated Farm and Rural
Development Act:  Provided further, That sections 381E-H and
381N of the Consolidated Farm and Rural Development Act are
not applicable to funds made available under this heading.

rural development loan fund program account

(including transfer of funds)

For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$18,889,000.
For the cost of direct loans, $6,052,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$900,000 shall be available through June 30, 2013, for
Federally Recognized Native American

[[Page S1604]]

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

Rural Economic Development Loans Program Account

(including rescission of funds)

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

rural cooperative development grants

For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $27,706,000, of which
$2,250,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $3,456,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $15,000,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1621 note).

rural energy for america program

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

Rural Utilities Service

rural water and waste disposal program account

(including transfers of funds)

For the cost of direct loans, loan guarantees, and grants
for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated
Farm and Rural Development Act, $524,466,000, to remain
available until expended, of which not to exceed $1,000,000
shall be available for the rural utilities program described
in section 306(a)(2)(B) of such Act, and of which not to
exceed $993,000 shall be available for the rural utilities
program described in section 306E of such Act:  Provided,
That $66,500,000 of the amount appropriated under this
heading shall be for loans and grants including water and
waste disposal systems grants authorized by 306C(a)(2)(B) and
306D of the Consolidated Farm and Rural Development Act,
Federally recognized Native American Tribes authorized by
306C(a)(1), and the Department of Hawaiian Home Lands (of the
State of Hawaii):  Provided further, That funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed
pursuant to section 325 of Public Law 105-83:  Provided
further, That not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by the State of Alaska for
training and technical assistance programs and not more than
2 percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by a
consortium formed pursuant to section 325 of Public Law 105-
83 for training and technical assistance programs:  Provided
further, That not to exceed $19,000,000 of the amount
appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant
to section 306(a)(14) of such Act, unless the Secretary makes
a determination of extreme need, of which $5,750,000 shall be
made available for a grant to a qualified non-profit multi-
state regional technical assistance organization, with
experience in working with small communities on water and
waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of
3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste
water systems, and of which not less than $800,000 shall be
for a qualified national Native American organization to
provide technical assistance for rural water systems for
tribal communities:  Provided further, That not to exceed
$15,000,000 of the amount appropriated under this heading
shall be for contracting with qualified national
organizations for a circuit rider program to provide
technical assistance for rural water systems:  Provided
further, That not to exceed $3,400,000 shall be for solid
waste management grants:  Provided further, That of the total
amount appropriated under this heading, the amount equal to
the amount of Rural Water and Waste Disposal Program Account
funds allocated by the Secretary for Rural Economic Area
Partnership Zones for the fiscal year 2012, shall be
available through June 30, 2013, for communities designated
by the Secretary of Agriculture as Rural Economic Area
Partnership Zones for the rural utilities programs described
in section 381E(d)(2) of the Consolidated Farm and Rural
Development Act:  Provided further, That $10,000,000 of the
amount appropriated under this heading shall be transferred
to, and merged with, the Rural Utilities Service, High Energy
Cost Grants Account to provide grants authorized under
section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a):  Provided further, That any prior year balances for
high-energy cost grants authorized by section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a) shall be
transferred to and merged with the Rural Utilities Service,
High Energy Cost Grants Account:  Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made
available under this heading.
For gross obligations for the principal amount of direct
loans as authorized by section 1006a of title 16 of the
United States Code, except for the limitations contained in
the last sentence of such section, for projects whose
features include agricultural water supply benefits,
groundwater protection, environmental enhancement and flood
control, $40,000,000:  Provided, That such loans shall be
made by the Rural Utilities Service.

rural electrification and telecommunications loans program account

(including transfer of funds)

The principal amount of direct and guaranteed loans as
authorized by sections 305 and 306 of the Rural
Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be
made as follows: 5 percent rural electrification loans,
$100,000,000; loans made pursuant to section 306 of that Act,
rural electric, $6,500,000,000; guaranteed underwriting loans
pursuant to section 313A, $500,000,000; cost of money rural
telecommunications loans, $690,000,000:  Provided, That up to
$2,000,000,000 shall be used for the construction,
acquisition, or improvement of fossil-fueled electric
generating plants (whether new or existing) that utilize
carbon sequestration systems.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $34,467,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.

distance learning, telemedicine, and broadband program

For the principal amount of broadband telecommunication
loans, $42,239,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$24,950,000, to remain available until expended:  Provided,
That $3,000,000 shall be made available for grants authorized
by 379G of the Consolidated Farm and Rural Development Act:
Provided further, That funding provided under this heading
for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet
all of the eligibility criteria for a consortium as
established by this section:  Provided further, That
$3,000,000 shall be made available to those noncommercial
educational television broadcast stations that serve rural
areas and are qualified for Community Service Grants by the
Corporation for Public Broadcasting under section 396(k) of
the Communications Act of 1934, including associated
translators and repeaters, regardless of the location of
their main transmitter, studio-to-transmitter links, and
equipment to allow local control over digital content and
programming through the use of high-definition broadcast,
multi-casting and datacasting technologies.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $4,000,000, to remain
available until expended:  Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $10,372,000, to remain available until
expended, for a grant program to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits authorized by 7 U.S.C.
950aaa.

TITLE IV

DOMESTIC FOOD PROGRAMS

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

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

Food and Nutrition Service

child nutrition programs

(including transfers of funds)

For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21,

[[Page S1605]]

and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
except sections 17 and 21; $19,916,436,000, to remain
available through September 30, 2014, of which such sums as
are made available under section 14222(b)(1) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by this Act, shall be merged with and available for
the same time period and purposes as provided herein:
Provided, That of the total amount available, $16,504,000
shall be available to carry out section 19 of the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):  Provided
further, That of the total amount available, $35,000,000
shall be available to provide competitive grants to State
agencies for subgrants to local educational agencies and
schools to purchase the equipment needed to serve healthier
meals, improve food safety, and to help support the
establishment, maintenance, or expansion of the school
breakfast program.

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

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

supplemental nutrition assistance program

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

commodity assistance program

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

nutrition programs administration

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

TITLE V

FOREIGN ASSISTANCE AND RELATED PROGRAMS

Foreign Agricultural Service

salaries and expenses

(including transfers of funds)

For necessary expenses of the Foreign Agricultural Service,
including not to exceed $158,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $176,789,000:
Provided, That the Service may utilize advances of funds, or
reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and
institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C.
1737) and the foreign assistance programs of the United
States Agency for International Development:  Provided
further, That funds made available for middle-income country
training programs, funds made available for the Borlaug
International Agricultural Science and Technology Fellowship
program, and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting
fluctuations in international currency exchange rates,
subject to documentation by the Foreign Agricultural Service,
shall remain available until expended.

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

(including transfers of funds)

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

food for peace title ii grants

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

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

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

commodity credit corporation export (loans) credit guarantee program
account

(including transfers of funds)

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

TITLE VI

RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

Department of Health and Human Services

food and drug administration

salaries and expenses

For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $4,223,295,000:  Provided,
That of the amount provided under this heading, $718,669,000
shall be derived from prescription drug user fees authorized
by 21 U.S.C. 379h, and shall be credited to this account and
remain available until expended, and shall not include any
fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for
fiscal year 2014 but collected in fiscal year 2013;
$97,722,000 shall be derived from medical device user fees
authorized by 21 U.S.C. 379j, and shall be credited to this
account and remain available until expended; $299,000,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $20,242,000 shall be

[[Page S1606]]

derived from biosimilar biological product user fees
authorized by 21 U.S.C. 379j-52, and shall be credited to
this account and remain available until expended; $23,848,000
shall be derived from animal drug user fees authorized by 21
U.S.C. 379j-12, and shall be credited to this account and
remain available until expended; $6,031,000 shall be derived
from animal generic drug user fees authorized by 21 U.S.C.
379j-21, and shall be credited to this account and remain
available until expended; $505,000,000 shall be derived from
tobacco product user fees authorized by 21 U.S.C. 387s, and
shall be credited to this account and remain available until
expended; $12,925,000 shall be derived from food and feed
recall fees authorized by 21 U.S.C. 379j-31, and shall be
credited to this account and remain available until expended;
$15,367,000 shall be derived from food reinspection fees
authorized by 21 U.S.C. 379j-31, and shall be credited to
this account and remain available until expended; and amounts
derived from voluntary qualified importer program fees
authorized by 21 U.S.C. 379j-31, and shall be credited to
this account and remain available until expended:  Provided
further, That in addition and notwithstanding any other
provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human
generic drug user fees, biosimilar biological product user
fees, animal drug user fees, and animal generic drug user
fees that exceed the respective fiscal year 2013 limitations
are appropriated and shall be credited to this account and
remain available until expended:  Provided further, That fees
derived from prescription drug, medical device, animal drug,
and animal generic drug assessments for fiscal year 2013
received during fiscal year 2013, including any such fees
assessed prior to fiscal year 2013 but credited for fiscal
year 2013, shall be subject to the fiscal year 2013
limitations:  Provided further, That none of these funds
shall be used to develop, establish, or operate any program
of user fees authorized by 31 U.S.C. 9701:  Provided further,
That of the total amount appropriated: (1) $887,162,000 shall
be for the Center for Food Safety and Applied Nutrition and
related field activities in the Office of Regulatory Affairs;
(2) $1,261,369,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the
Office of Regulatory Affairs; (3) $329,708,000 shall be for
the Center for Biologics Evaluation and Research and for
related field activities in the Office of Regulatory Affairs;
(4) $167,576,000 shall be for the Center for Veterinary
Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $393,988,000 shall be for the Center
for Devices and Radiological Health and for related field
activities in the Office of Regulatory Affairs; (6)
$59,429,000 shall be for the National Center for
Toxicological Research; (7) $482,398,000 shall be for the
Center for Tobacco Products and for related field activities
in the Office of Regulatory Affairs; (8) not to exceed
$168,971,000 shall be for Rent and Related activities, of
which $61,713,000 is for White Oak Consolidation, other than
the amounts paid to the General Services Administration for
rent; (9) not to exceed $213,352,000 shall be for payments to
the General Services Administration for rent; and (10)
$259,342,000 shall be for other activities, including the
Office of the Commissioner of Food and Drugs, the Office of
Foods and Veterinary Medicine, the Office of Medical and
Tobacco Products, the Office of Global and Regulatory Policy,
the Office of Operations, the Office of the Chief Scientist,
and central services for these offices:  Provided further,
That the Secretary may, prior to the due date for such fees,
accept payment of prescription drug user fees, medical device
user fees, human generic drug user fees, biosimilar
biological product user fees, animal drug user fees and
animal generic drug user fees authorized for fiscal year
2014, and that amounts of such fees assessed for fiscal year
2014 for which the Secretary accepts payment in fiscal year
2013 shall not be included in amounts provided under this
heading:  Provided further, That not to exceed $25,000 of
this amount shall be for official reception and
representation expenses, not otherwise provided for, as
determined by the Commissioner:  Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only
be from amounts made available under this heading for other
activities:  Provided further, That funds may be transferred
from one specified activity to another with the prior
approval of the Committees on Appropriations of both Houses
of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, and priority review user fees authorized by 21 U.S.C.
360n may be credited to this account, to remain available
until expended.

buildings and facilities

For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of
or used by the Food and Drug Administration, where not
otherwise provided, $5,320,000, to remain available until
expended.

INDEPENDENT AGENCY

Farm Credit Administration

limitation on administrative expenses

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

TITLE VII

GENERAL PROVISIONS

(including rescissions and transfers of funds)

Sec. 701.  Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 204 passenger
motor vehicles of which 170 shall be for replacement only,
and for the hire of such vehicles:  Provided, That
notwithstanding this section, the only purchase of new
passenger vehicles shall be for those determined by the
Secretary to be necessary for transportation safety, to
reduce operational costs, and for the protection of life,
property, and public safety.
Sec. 702.  Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances of the
Department of Agriculture that are remaining available at the
end of the fiscal year, to the Working Capital Fund for the
acquisition of plant and capital equipment necessary for the
delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the
Department of Agriculture, such transferred funds to remain
available until expended:  Provided, That none of the funds
made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior
approval of the agency administrator:  Provided further, That
none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation
without written notification to and the prior approval of the
Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department's Working Capital
Fund shall be available for obligation or expenditure to make
any changes to the Department's National Finance Center
without written notification to and prior approval of the
Committees on Appropriations of both Houses of Congress as
required by section 726 of this Act:  Provided further, That
of annual income amounts in the Working Capital Fund of the
Department of Agriculture allocated for the National Finance
Center, the Secretary may reserve not more than 4 percent for
the replacement or acquisition of capital equipment,
including equipment for the improvement and implementation of
a financial management plan, information technology, and
other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center:  Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of the House of Representatives
and the Senate:  Provided further, That the limitation on the
obligation of funds pending notification to Congressional
Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a
declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate
employees of the National Finance Center to a safe haven to
continue operations of the National Finance Center.
Sec. 703.  No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704.  No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705.  Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706.  Funds made available by this Act under title II
of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be
used to provide assistance to recipient nations if adequate
monitoring and controls, as determined by the Administrator
of the U.S. Agency for International Development, are in
place to ensure that emergency food aid is received by the
intended beneficiaries in areas affected by food shortages
and not diverted for unauthorized or inappropriate purposes.
Sec. 707.  None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information

[[Page S1607]]

technology systems or significant upgrades, as determined by
the Office of the Chief Information Officer, without the
approval of the Chief Information Officer and the concurrence
of the Executive Information Technology Investment Review
Board:  Provided, That notwithstanding any other provision of
law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and
the prior approval of the Committees on Appropriations of
both Houses of Congress:  Provided further, That none of the
funds available to the Department of Agriculture for
information technology shall be obligated for projects over
$25,000 prior to receipt of written approval by the Chief
Information Officer.
Sec. 708.  Funds made available under section 1240I and
section 1241(a) of the Food Security Act of 1985 and section
524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b))
in the current fiscal year shall remain available until
expended to disburse obligations made in the current fiscal
year.
Sec. 709.  Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act
of 1936, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313(b)(2)(B) of such
Act in the same manner as a borrower under such Act.
Sec. 710.  Notwithstanding any other provision of law, for
the purposes of a grant under section 412 of the Agricultural
Research, Extension, and Education Reform Act of 1998, none
of the funds in this or any other Act may be used to prohibit
the provision of in-kind support from non-Federal sources
under section 412(e)(3) of such Act in the form of
unrecovered indirect costs not otherwise charged against the
grant, consistent with the indirect rate of cost approved for
a recipient.
Sec. 711.  Except as otherwise specifically provided by
law, unobligated balances from appropriations made available
for salaries and expenses in this Act for the Farm Service
Agency and the Rural Development mission area, shall remain
available through September 30, 2014, for information
technology expenses.
Sec. 712.  The Secretary of Agriculture may authorize a
State agency to use funds provided in this Act to exceed the
maximum amount of liquid infant formula specified in 7 CFR
246.10 when issuing liquid infant formula to participants.
Sec. 713.  None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
Sec. 714.  In the case of each program established or
amended by the Food, Conservation, and Energy Act of 2008
(Public Law 110-246), other than by title I or subtitle A of
title III of such Act, that is authorized or required to be
carried out using funds of the Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 715.  Notwithstanding any other provision of law, the
requirements pursuant to 7 U.S.C. 1736f(e)(1) may be waived
for any amounts higher than those specified under this
authority for fiscal year 2009.
Sec. 716.  None of the funds made available in fiscal year
2013 or preceding fiscal years for programs authorized under
the Food for Peace Act (7 U.S.C. 1691 et seq.) in excess of
$20,000,000 shall be used to reimburse the Commodity Credit
Corporation for the release of eligible commodities under
section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust
Act (7 U.S.C. 1736f-1):  Provided, That any such funds made
available to reimburse the Commodity Credit Corporation shall
only be used pursuant to section 302(b)(2)(B)(i) of the Bill
Emerson Humanitarian Trust Act.
Sec. 717.  Of the funds made available by this Act, not
more than $1,800,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 718.  None of the funds in this Act shall be available
to pay indirect costs charged against any agricultural
research, education, or extension grant awards issued by the
National Institute of Food and Agriculture that exceed 30
percent of total Federal funds provided under each award:
Provided, That notwithstanding section 1462 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3310), funds provided by this Act for grants
awarded competitively by the National Institute of Food and
Agriculture shall be available to pay full allowable indirect
costs for each grant awarded under section 9 of the Small
Business Act (15 U.S.C. 638).
Sec. 719.  For an additional amount for ``Food and Drug
Administration, Salaries and Expenses'', $50,000,000, to
remain available until expended, of which $40,000,000 is for
one-time activities directly related to implementation of the
Food Safety Modernization Act, and of which $10,000,000 is
for one-time activities directly related to improving the
safety of the human drug supply.
Sec. 720.  There is hereby appropriated $1,996,000 to carry
out section 1621 of Public Law 110-246.
Sec. 721.  None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out the
following:
(1) The Watershed Rehabilitation program authorized by
section 14(h) of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1012(h));
(2) The Environmental Quality Incentives Program as
authorized by sections 1240-1240H of the Food Security Act of
1985 (16 U.S.C. 3839aa-3839aa-8) in excess of $1,400,000,000;
(3) The Wildlife Habitat Incentives Act authorized by
section 1240N of the Food Security Act of 1985, as amended
(16 U.S.C. 3839bb-1)) in excess of $73,000,000; and
(4) Agricultural Management Assistance Program as
authorized by section 524 of the Federal Crop Insurance Act,
as amended (7 U.S.C. 1524) in excess of $2,500,000 for the
Natural Resources Conservation Service.
Sec. 722.  None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a program
under subsection (b)(2)(A)(v) of section 14222 of Public Law
110-246 in excess of $981,000,000, as follows: Child
Nutrition Programs Entitlement Commodities--$465,000,000;
State Option Contracts--$5,000,000; Removal of Defective
Commodities--$2,500,000:  Provided, That none of the funds
made available in this Act or any other Act shall be used for
salaries and expenses to carry out in this fiscal year
section 19(i)(1)(E) of the Richard B. Russell National School
Lunch Act as amended by section 4304 of Public Law 110-246 in
excess of $41,000,000, including the transfer of funds under
subsection (c) of section 14222 of Public Law 110-246, until
October 1, 2013:  Provided further, That $117,000,000 made
available on October 1, 2013, to carry out section
19(i)(1)(E) of the Richard B. Russell National School Lunch
Act as amended by section 4304 of Public Law 110-246 shall be
excluded from the limitation described in subsection
(b)(2)(A)(vi) of section 14222 of Public Law 110-246:
Provided further, That none of the funds appropriated or
otherwise made available by this or any other Act shall be
used to pay the salaries or expenses of any employee of the
Department of Agriculture or officer of the Commodity Credit
Corporation to carry out clause 3 of section 32 of the
Agricultural Adjustment Act of 1935 (Public Law 74-320, 7
U.S.C. 612c, as amended), or for any surplus removal
activities or price support activities under section 5 of the
Commodity Credit Corporation Charter Act:  Provided further,
That of the available unobligated balances under (b)(2)(A)(v)
of section 14222 of Public Law 110-246, $150,000,000 are
hereby rescinded.
Sec. 723.  Subject to authorizing legislation by the House
Committee on Agriculture and the Senate Committee on
Agriculture, Nutrition, and Forestry, the Secretary may
reserve, through April 1, 2013, up to 5 percent of the
funding available for the following items for projects in
areas that are engaged in strategic regional development
planning as defined by the Secretary: business and industry
guaranteed loans; rural development loan fund; rural business
enterprise grants; rural business opportunity grants; rural
economic development program; rural microenterprise program;
biorefinery assistance program; rural energy for America
program; value-added producer grants; broadband program;
water and waste program; and rural community facilities
program.
Sec. 724.  There is hereby appropriated $600,000 for the
purposes of section 727 of division A of Public Law 112-55.
Sec. 725.  None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress of
the United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not
been enacted into law prior to the submission of the budget
unless such budget submission identifies which additional
spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening
of a committee of conference for the fiscal year 2014
appropriations Act.
Sec. 726. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority
provided by section

[[Page S1608]]

702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C.
2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies, in writing,
the Committees on Appropriations of both Houses of Congress
at least 30 days in advance of the reprogramming of such
funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the
authorities referred to in subsection (a) involving funds in
excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies, in writing,
the Committees on Appropriations of both Houses of Congress
at least 30 days in advance of the reprogramming or transfer
of such funds or the use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify in writing the Committees on
Appropriations of both Houses of Congress before implementing
any program or activity not carried out during the previous
fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
(d) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture, the
Secretary of Health and Human Services or the Chairman of the
Commodity Futures Trading Commission receives from the
Committee on Appropriations of both Houses of Congress
written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 727.  Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 728.  None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and
Drug Administration shall be used to transmit or otherwise
make available to any non-Department of Agriculture or non-
Department of Health and Human Services employee questions or
responses to questions that are a result of information
requested for the appropriations hearing process.
Sec. 729.  Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 730.  No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 30 days unless the individual's
employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the
employee for the period of assignment.
Sec. 731.  Notwithstanding any other provision of law, any
area eligible for rural housing programs of the Rural Housing
Service on September 30, 2012, shall remain eligible for such
programs until September 30, 2013.
Sec. 732.  None of the funds made available by this Act may
be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to any corporation
that was convicted (or had an officer or agent of such
corporation acting on behalf of the corporation convicted) of
a felony criminal violation under any Federal or State law
within the preceding 24 months, where the awarding agency is
aware of the conviction, unless the agency has considered
suspension or debarment of the corporation, or such officer
or agent, and made a determination that this further action
is not necessary to protect the interests of the Government.
Sec. 733.  None of the funds made available by this Act may
be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless
the agency has considered suspension or debarment of the
corporation and made a determination that this further action
is not necessary to protect the interests of the Government.
Sec. 734.  None of the funds made available by this Act may
be used to pay the salaries and expenses of personnel who
provide nonrecourse marketing assistance loans for mohair
under section 1201 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8731).
Sec. 735.  In the event that a determination of non-
regulated status made pursuant to section 411 of the Plant
Protection Act is or has been invalidated or vacated, the
Secretary of Agriculture shall, notwithstanding any other
provision of law, upon request by a farmer, grower, farm
operator, or producer, immediately grant temporary permit(s)
or temporary deregulation in part, subject to necessary and
appropriate conditions consistent with section 411(a) or
412(c) of the Plant Protection Act, which interim conditions
shall authorize the movement, introduction, continued
cultivation, commercialization and other specifically
enumerated activities and requirements, including measures
designed to mitigate or minimize potential adverse
environmental effects, if any, relevant to the Secretary's
evaluation of the petition for non-regulated status, while
ensuring that growers or other users are able to move, plant,
cultivate, introduce into commerce and carry out other
authorized activities in a timely manner:  Provided, That all
such conditions shall be applicable only for the interim
period necessary for the Secretary to complete any required
analyses or consultations related to the petition for non-
regulated status:  Provided further, That nothing in this
section shall be construed as limiting the Secretary's
authority under section 411, 412 and 414 of the Plant
Protection Act.
Sec. 736.  None of the funds made available by this or any
other Act may be used to pay for mitigation associated with
the removal of Federal Energy Regulatory Commission Project
number 2342.
Sec. 737.  Of the unobligated balance of funds available to
the Department of Agriculture for the cost of broadband loans
under the heading ``Rural Development Programs--Rural
Utilities Service--Distance Learning, Telemedicine, and
Broadband Program'' in prior appropriation Acts, $25,320,000
is rescinded.
Sec. 738.  Of the unobligated balances provided pursuant to
section 9004(d)(1) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8104), $28,045,000 are hereby
rescinded.
Sec. 739.  Funds received by the Secretary of Agriculture
in the global settlement of any Federal litigation concerning
Federal mortgage loans during fiscal year 2012 may be
expended, in addition to any other available funds, by the
Rural Housing Service to pay for costs associated with
servicing single family housing loans guaranteed by the Rural
Housing Service and such funds shall remain available until
expended.
Sec. 740.  Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration, and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a detailed spending plan by
program, project, and activity for the funds made available
under this Act.
Sec. 741.  There is hereby appropriated for the ``Emergency
Conservation Program'', $11,100,000, to remain available
until expended; for the ``Emergency Forestry Restoration
Program'', $14,200,000, to remain available until expended;
and for the ``Emergency Watershed Protection Program'',
$65,454,000, to remain available until expended:  Provided,
That not less than $48,257,000 made available for the
Emergency Watershed Protection Program under this general
provision are provided for necessary expenses for a major
disaster declaration issued under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et. seq.).
Sec. 742.  None of the funds made available by this or any
other Act may be used to write, prepare, or publish a final
rule or an interim final rule in furtherance of, or otherwise
to implement, ``Implementation of Regulations Required Under
Title XI, of the Food, Conservation and Energy Act of 2008;
Conduct in Violation of the Act'' (75 Fed. Reg. 35338 (June
22, 2010)) unless the combined annual cost to the economy of
such rules does not exceed $100,000,000 or such rules have
already been published in compliance with Section 721 of the
Consolidated and Further Continuing Appropriations Act, 2012,
Public Law 112-55:  Provided, That no funds made available by
this or any other Act be used to publish a final or interim
final rule in furtherance of, or otherwise to implement,
proposed sections 201.2(l),

[[Page S1609]]

201.2(t), 201.2(u), 201.3(c), 201.210, 201.211, 201.213, or
201.214 of ``Implementation of Regulations Required Under
Title XI of the Food, Conservation and Energy Act of 2008;
Conduct in Violation of the Act'' (75 Fed. Reg. 35338 (June
22, 2010)):  Provided further, That none of the funds made
available by this or any other Act may be used to implement
such rules until 60 days from the publication date of such
rules:  Provided further, That none of the funds made
available by this Act may be used to enforce or to take
regulatory action based on or in furtherance of sections
201.2(o), 201.3(a), or 201.215(a), of Title 9 of the Code of
Federal Regulations, as they exist at the time this Act is
passed, or to write, prepare, or publish a final or interim
final rule in furtherance of, or otherwise to implement, the
definitions or criteria embodied in these sections:  Provided
further, That the Secretary of Agriculture shall, within 60
days, rescind sections 201.2(o), 201.3(a), or 201.215(a), of
Title 9 of the Code of Federal Regulations.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2013''.

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

The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, for
Departments of Commerce and Justice, and Science, and Related
Agencies for the fiscal year ending September 30, 2013, and
for other purposes, namely:

TITLE I

DEPARTMENT OF COMMERCE

International Trade Administration

operations and administration

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

Bureau of Industry and Security

operations and administration

For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign
countries; not to exceed $13,500 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22
U.S.C. 401(b)); and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without
regard to any price limitation otherwise established by law,
$101,796,000, to remain available until expended:  Provided,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities:  Provided
further, That payments and contributions collected and
accepted for materials or services provided as part of such
activities may be retained for use in covering the cost of
such activities, and for providing information to the public
with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.

Economic Development Administration

economic development assistance programs

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

salaries and expenses

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

Minority Business Development Agency

minority business development

For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$28,689,000.

Economic and Statistical Analysis

salaries and expenses

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

Bureau of the Census

salaries and expenses

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

periodic censuses and programs

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

National Telecommunications and Information Administration

salaries and expenses

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

public telecommunications facilities, planning and construction

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

[[Page S1610]]

United States Patent and Trademark Office

salaries and expenses

(including transfers of funds)

For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including
defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO,
$2,933,241,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law
are received during fiscal year 2013, so as to result in a
fiscal year 2013 appropriation from the general fund
estimated at $0:  Provided further, That during fiscal year
2013, should the total amount of such offsetting collections
be less than $2,933,241,000 this amount shall be reduced
accordingly:  Provided further, That any amount received in
excess of $2,933,241,000 in fiscal year 2013 and deposited in
the Patent and Trademark Fee Reserve Fund shall remain
available until expended:  Provided further, That the
Director of USPTO shall submit a spending plan to the
Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That from amounts provided herein, not to
exceed $900 shall be made available in fiscal year 2013 for
official reception and representation expenses:  Provided
further, That in fiscal year 2013 from the amounts made
available for ``Salaries and Expenses'' for the USPTO, the
amounts necessary to pay (1) the difference between the
percentage of basic pay contributed by the USPTO and
employees under section 8334(a) of title 5, United States
Code, and the normal cost percentage (as defined by section
8331(17) of that title) as provided by the Office of
Personnel Management (OPM) for USPTO's specific use, of basic
pay, of employees subject to subchapter III of chapter 83 of
that title, and (2) the present value of the otherwise
unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees
who are enrolled in Federal Employees Health Benefits (FEHB)
and Federal Employees Group Life Insurance (FEGLI), shall be
transferred to the Civil Service Retirement and Disability
Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, and
shall be available for the authorized purposes of those
accounts:  Provided further, That any differences between the
present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's
specific use shall be recognized as an imputed cost on
USPTO's financial statements, where applicable:  Provided
further, That, notwithstanding any other provision of law,
all fees and surcharges assessed and collected by USPTO are
available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29):
Provided further, That within the amounts appropriated,
$2,000,000 shall be transferred to the ``Office of Inspector
General'' account for activities associated with carrying out
investigations and audits related to the USPTO.

National Institute of Standards and Technology

scientific and technical research and services

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

industrial technology services

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

construction of research facilities

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

National Oceanic and Atmospheric Administration

operations, research, and facilities

(including transfer of funds)

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

procurement, acquisition and construction

For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,926,036,000, to remain available until September 30, 2015,
except that funds provided for construction of facilities
shall remain available until expended:  Provided, That of the
$1,941,036,000 provided for in direct obligations under this
heading, $1,926,036,000 is appropriated from the general fund
and $15,000,000 is provided from recoveries of prior year
obligations:  Provided further, That any deviation from the
amounts designated for specific activities in the statement
accompanying this Act, or any use of deobligated balances of
funds provided under this heading in previous years, shall be
subject to the procedures set forth in section 505 of this
Act:  Provided further, That the Secretary of Commerce shall
include in budget justification materials that the Secretary
submits to Congress in support of the Department of Commerce
budget (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) an estimate
for each National Oceanic and Atmospheric Administration
procurement, acquisition or construction project having a
total of more than $5,000,000 and simultaneously the budget
justification shall include an estimate of the budgetary
requirements for each such project for each of the 5
subsequent fiscal years:  Provided further, That, within the
amounts appropriated, $1,000,000 shall be transferred to the
``Office of Inspector General'' account for activities
associated with carrying out investigations and audits
related to satellite procurement, acquisition and
construction.

pacific coastal salmon recovery

For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2014:  Provided, That, of the funds
provided herein, the Secretary of Commerce may issue grants
to the States of Washington, Oregon, Idaho, Nevada,
California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including
Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or
endangered, or that are identified by a State as at-risk to
be so listed, for maintaining populations necessary for
exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal
salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce:  Provided further,

[[Page S1611]]

That all funds shall be allocated based on scientific and
other merit principles and shall not be available for
marketing activities:  Provided further, That funds disbursed
to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of
the Federal funds.

fishermen's contingency fund

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

fisheries finance program account

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

Departmental Management

salaries and expenses

For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed
$4,500 for official reception and representation,
$56,000,000:  Provided, That the Secretary of Commerce shall
maintain a task force on job repatriation and manufacturing
growth and shall produce an annual report on related
incentive strategies, implementation plans and program
results.

renovation and modernization

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

office of inspector general

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

General Provisions--Department of Commerce

Sec. 101.  During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102.  During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 103.  Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers:  Provided,
That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds
for the Department of Commerce.
Sec. 104.  Any costs incurred by a department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or
agency:  Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act:  Provided further, That use
of funds to carry out this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 105. (a) Section 105(f) of the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2012
(Public Law 112-55) is amended--
(1) by striking ``paragraph (2)'' and inserting
``subsection (e)(2)''; and
(2) by striking ``this subsection'' and inserting
``subsection (e)''.
(b) The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (Public Law 112-55), as amended by
subsection (a) of this section, are hereby adopted by
reference.
Sec. 106.  Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to
utilities, telecommunications, and security services)
necessary to support the operation, maintenance, and
improvement of space that persons, firms, or organizations
are authorized, pursuant to the Public Buildings Cooperative
Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other
buildings, the maintenance, operation, and protection of
which has been delegated to the Secretary from the
Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the
authority under which the use or occupancy of the space is
authorized, up to $200,000, shall be credited to the
appropriation or fund which initially bears the costs of such
services.
Sec. 107.  Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over
its networks.
Sec. 108.  The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or
possession, or of any political subdivision thereof, or of
any foreign government or international organization, for
purposes related to carrying out the responsibilities of any
statute administered by the National Oceanic and Atmospheric
Administration.
Sec. 109.  The Department of Commerce shall provide a
monthly report to the Committees on Appropriations of the
House of Representatives and the Senate on any official
travel to China by any employee of the U.S. Department of
Commerce, including the purpose of such travel.
Sec. 110.  Section 113(b)(3) of division B of Public Law
112-55 is amended by striking ``2012'' and inserting
``2013''.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2013''.

TITLE II

DEPARTMENT OF JUSTICE

General Administration

salaries and expenses

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

justice information sharing technology

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

administrative review and appeals

(including transfer of funds)

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

office of inspector general

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

United States Parole Commission

salaries and expenses

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

Legal Activities

salaries and expenses, general legal activities

For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia, $881,000,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended:  Provided, That of the total amount appropriated,
not to exceed $9,000 shall be available to INTERPOL
Washington for official reception and representation
expenses:  Provided further, That notwithstanding section 205
of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for
litigation activities of the Civil Division, the Attorney
General may transfer such amounts to ``Salaries and Expenses,
General Legal Activities'' from available appropriations for
the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances:  Provided
further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section:  Provided further, That of the amount appropriated,
such sums as may be necessary shall be available to reimburse
the Office of Personnel Management for salaries and expenses

[[Page S1612]]

associated with the election monitoring program under section
8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f):
Provided further, That of the amounts provided under this
heading for the election monitoring program, $3,390,000 shall
remain available until expended.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $7,833,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.

salaries and expenses, antitrust division

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

salaries and expenses, united states attorneys

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

united states trustee system fund

For necessary expenses of the United States Trustee
Program, as authorized, $223,258,000, to remain available
until expended and to be derived from the United States
Trustee System Fund:  Provided, That not less than $1,500,000
shall be for debtor audits:  Provided further, That,
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary
to pay refunds due depositors:  Provided further, That,
notwithstanding any other provision of law, $223,258,000 of
offsetting collections pursuant to section 589a(b) of title
28, United States Code, shall be retained and used for
necessary expenses in this appropriation and shall remain
available until expended:  Provided further, That the sum
herein appropriated from the Fund shall be reduced as such
offsetting collections are received during fiscal year 2013,
so as to result in a final fiscal year 2013 appropriation
from the Fund estimated at $0.

salaries and expenses, foreign claims settlement commission

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

fees and expenses of witnesses

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

salaries and expenses, community relations service

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

assets forfeiture fund

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

United States Marshals Service

salaries and expenses

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

construction

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

federal prisoner detention

(including transfer of funds)

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

National Security Division

salaries and expenses

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

Interagency Law Enforcement

interagency crime and drug enforcement

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

Federal Bureau of Investigation

salaries and expenses

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

construction

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

Drug Enforcement Administration

salaries and expenses

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

Bureau of Alcohol, Tobacco, Firearms and Explosives

salaries and expenses

For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives,

[[Page S1613]]

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

Federal Prison System

salaries and expenses

(including transfer of funds)

For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, including purchase (not to
exceed 835, of which 808 are for replacement only) and hire
of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections
related issues to foreign governments, $6,820,217,000:
Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as
may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal
penal and correctional institutions:  Provided further, That
the Director of the Federal Prison System, where necessary,
may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal Prison System:  Provided further,
That not to exceed $5,400 shall be available for official
reception and representation expenses:  Provided further,
That not to exceed $50,000,000 shall remain available for
necessary operations until September 30, 2014:  Provided
further, That, of the amounts provided for contract
confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and
security in the United States of Cuban and Haitian entrants:
Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to
the operation of the prison card program from a not-for-
profit entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses, or other custodial facilities:  Provided
further, That of the amount provided under this heading, not
less than $99,496,000 shall be for activation of newly
constructed prisons in Berlin, New Hampshire, Aliceville,
Alabama, Yazoo City, Mississippi, and Hazelton, West
Virginia, as requested in the Department's fiscal year 2013
budget.

buildings and facilities

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

federal prison industries, incorporated

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

limitation on administrative expenses, federal prison industries,
incorporated

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

State and Local Law Enforcement Activities

Office on Violence Against Women

violence against women prevention and prosecution programs

For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims
of Trafficking and Violence Protection Act of 2000 (Public
Law 106-386) (``the 2000 Act''); and the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''); and for related
victims services, $416,500,000, to remain available until
expended:  Provided, That except as otherwise provided by
law, not to exceed 5 percent of funds made available under
this heading may be used for expenses related to evaluation,
training, and technical assistance:  Provided further, That
of the amount provided--
(1) $189,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $25,000,000 is for transitional housing assistance
grants for victims of domestic violence, stalking or sexual
assault as authorized by section 40299 of the 1994 Act;
(3) $3,500,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which may be transferred to ``Research,
Evaluation and Statistics'' for administration by the Office
of Justice Programs;
(4) $10,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the
programs authorized by sections 41201, 41204, 41303 and 41305
of the 1994 Act shall be available for this program:
Provided further, That 10 percent of the total amount
available for this grant program shall be available for
grants under the program authorized by section 2015 of the
1968 Act:  Provided further, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this program;
(5) $50,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000
is for a homicide reduction initiative;
(6) $25,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $36,500,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $9,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $41,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;

[[Page S1614]]

(10) $4,250,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(11) $15,500,000 is for a grant program to support families
in the justice system, including for the purposes described
in the safe havens for children program, as authorized by
section 1301 of the 2000 Act, and the court training and
improvements program, as authorized by section 41002 of the
1994 Act;
(12) $5,750,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act, which may be transferred to ``Research,
Evaluation and Statistics'' for administration by the Office
of Justice Programs; and
(15) $500,000 is for the Office on Violence Against Women
to establish a national clearinghouse that provides training
and technical assistance on issues relating to sexual assault
of American Indian and Alaska Native women.

Office of Justice Programs

research, evaluation and statistics

For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Juvenile
Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771
et seq.); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law
108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Victims of Child Abuse Act of 1990 (Public Law
101-647); the Second Chance Act of 2007 (Public Law 110-199);
the Victims of Crime Act of 1984 (Public Law 98-473); the
Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our
Children Act of 2008 (Public Law 110-401); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the NICS Improvement Amendments
Act of 2007 (Public Law 110-180); and other programs,
$127,000,000, to remain available until expended, of which--
(1) $48,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act, of which $36,000,000 is for the
administration and redesign of the National Crime
Victimization Survey;
(2) $43,000,000 is for research, development, and
evaluation programs, and other activities as authorized by
part B of title I of the 1968 Act and subtitle D of title II
of the 2002 Act:  Provided, That of the amounts provided
under this paragraph, $5,000,000 is transferred directly to
the National Institute of Standards and Technology's Office
of Law Enforcement Standards from the National Institute of
Justice for research, testing and evaluation programs;
(3) $1,000,000 is for an evaluation clearinghouse program;
and
(4) $35,000,000 is for regional information sharing
activities, as authorized by part M of title I of the 1968
Act.

state and local law enforcement assistance

For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); the NICS Improvement
Amendments Act of 2007 (Public Law 110-180); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the Second Chance Act of 2007
(Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public
Law 110-403); the Victims of Crime Act of 1984 (Public Law
98-473); the Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2008 (Public
Law 110-416); and other programs, $1,140,418,000, to remain
available until expended as follows--
(1) $392,418,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
title I of the 1968 Act shall not apply for purposes of this
Act), of which, notwithstanding such subpart 1, $2,000,000 is
for a program to improve State and local law enforcement
intelligence capabilities including antiterrorism training
and training to ensure that constitutional rights, civil
liberties, civil rights, and privacy interests are protected
throughout the intelligence process, $4,000,000 is for a
State, local, and tribal assistance help desk and diagnostic
center program, $5,000,000 is for a Preventing Violence
Against Law Enforcement Officer Resilience and Survivability
Initiative (VALOR), $6,000,000 is for a criminal justice
reform and recidivism reduction program, and $4,000,000 is
for use by the National Institute of Justice for research
targeted toward developing a better understanding of the
domestic radicalization phenomenon, and advancing evidence-
based strategies for effective intervention and prevention;
(2) $255,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):
Provided, That no jurisdiction shall request compensation for
any cost greater than the actual cost for Federal immigration
and other detainees housed in State and local detention
facilities;
(3) $5,000,000 for a border prosecutor initiative to
reimburse State, county, parish, tribal, or municipal
governments for costs associated with the prosecution of
criminal cases declined by local offices of the United States
Attorneys;
(4) $19,000,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime
(other than compensation);
(5) $13,500,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, and for programs authorized under Public Law 109-
164;
(6) $41,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(7) $9,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(8) $12,500,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(9) $3,000,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405,
and for grants for wrongful conviction review;
(10) $9,000,000 for economic, high technology and Internet
crime prevention grants, including as authorized by section
401 of Public Law 110-403;
(11) $4,000,000 for a student loan repayment assistance
program pursuant to section 952 of Public Law 110-315;
(12) $20,000,000 for implementation of the Adam Walsh Act
and related activities;
(13) $13,000,000 for an initiative relating to children
exposed to violence;
(14) $18,000,000 for an Edward Byrne Memorial criminal
justice innovation program;
(15) $21,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act:  Provided, That $1,500,000 is
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards for
research, testing and evaluation programs;
(16) $1,000,000 for the National Sex Offender Public
Website;
(17) $5,000,000 for competitive and evidence-based programs
to reduce gun crime and gang violence;
(18) $12,000,000 for grants to assist State and tribal
governments and related activities, as authorized by the NICS
Improvement Amendments Act of 2007 (Public Law 110-180);
(19) $6,000,000 for the National Criminal History
Improvement Program for grants to upgrade criminal records;
(20) $12,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(21) $125,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities, including the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(the Debbie Smith DNA Backlog Grant Program):  Provided, That
up to 4 percent of funds made available under this paragraph
may be used for the purposes described in the DNA Training
and Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108-405, section 303);
(B) $4,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Program (Public Law
108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
Grants, including as authorized by section 304 of Public Law
108-405;
(22) $6,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(23) $38,000,000 for assistance to Indian tribes;
(24) $68,750,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199), of which not to exceed $5,000,000 is
for a program to improve State, local, and tribal probation
supervision efforts and strategies;
(25) $4,000,000 for a veterans treatment courts program;
(26) $1,000,000 for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001 of
the 1994 Act);

[[Page S1615]]

(27) $7,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products;
(28) $12,500,000 for prison rape prevention and prosecution
grants to States and units of local government, and other
programs, as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79);
(29) $3,500,000 for emergency law enforcement assistance,
as authorized by section 609M of the Justice Assistance Act
of 1984 (42 U.S.C. 10513; Public Law 98-473); and
(30) $2,750,000 to establish and operate a National Center
for Campus Public Safety:
Provided,  That, if a unit of local government uses any of
the funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform non-administrative public
sector safety service.

juvenile justice programs

For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771
et seq.); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law
108-21); the Victims of Child Abuse Act of 1990 (Public Law
101-647) (``the 1990 Act''); the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the PROTECT Our Children Act of 2008 (Public Law 110-
401); and other juvenile justice programs, $279,500,000, to
remain available until expended as follows--
(1) $44,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process:  Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local and tribal juvenile justice residential facilities;
(2) $90,000,000 for youth mentoring grants;
(3) $20,000,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to
sections 261 and 262 thereof--
(A) $10,000,000 shall be for the Tribal Youth Program;
(B) $5,000,000 shall be for gang and youth violence
education, prevention and intervention, and related
activities; and
(C) $5,000,000 shall be for programs and activities to
enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of
alcoholic beverages by minors, for prevention and reduction
of consumption of alcoholic beverages by minors, and for
technical assistance and training;
(4) $19,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $25,000,000 for the Juvenile Accountability Block
Grants program as authorized by part R of title I of the 1968
Act and Guam shall be considered a State;
(6) $11,000,000 for community-based violence prevention
initiatives;
(7) $67,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and
405(a) of the 1974 Act (except that section 102(b)(4)(B) of
the PROTECT Our Children Act of 2008 (Public Law 110-401)
shall not apply for purposes of this Act);
(8) $1,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act; and
(9) $2,000,000 for grants and technical assistance in
support of the National Forum on Youth Violence Prevention:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of the amounts
designated under paragraphs (1) through (6), (8) and (9) may
be used for training and technical assistance:  Provided
further, That the previous two provisos shall not apply to
grants and projects authorized by sections 261 and 262 of the
1974 Act.

public safety officer benefits

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

Community Oriented Policing Services

community oriented policing services programs

For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); and the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''), $222,500,000, to remain available until
expended:  Provided, That any balances made available through
prior year deobligations shall only be available in
accordance with section 505 of this Act:  Provided further,
That of the amount provided--
(1) $12,500,000 is for anti-methamphetamine-related
activities, which shall be transferred to the Drug
Enforcement Administration upon enactment of this Act;
(2) $20,000,000 is for improving tribal law enforcement,
including hiring, equipment, training, and anti-
methamphetamine activities; and
(3) $190,000,000 is for grants under section 1701 of title
I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section:  Provided, That, notwithstanding section 1704(c) of
such title (42 U.S.C. 3796dd-3(c)), funding for hiring or
rehiring a career law enforcement officer may not exceed
$125,000 unless the Director of the Office of Community
Oriented Policing Services grants a waiver from this
limitation:  Provided further, That within the amounts
appropriated, $15,000,000 shall be transferred to the Tribal
Resources Grant Program:  Provided further, That of the
amounts appropriated under this paragraph, $10,000,000 is for
community policing development activities in furtherance of
the purposes in section 1701.

General Provisions--Department of Justice

Sec. 201.  In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202.  None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape:  Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 203.  None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204.  Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility:  Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205.  Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers:  Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 206.  The Attorney General is authorized to extend
through September 30, 2014, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of 2002
(Public Law 107-296; 28 U.S.C. 599B) without limitation on
the number of employees or the positions covered.
Sec. 207.  Notwithstanding any other provision of law,
during the current fiscal year and any fiscal year
thereafter, section 102(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (Public Law 102-395) shall extend to
the Bureau of Alcohol, Tobacco, Firearms and Explosives in
the conduct of undercover investigative operations and shall
apply with respect to any undercover investigative operation
by the Bureau of Alcohol, Tobacco, Firearms and Explosives
that is necessary for the detection and prosecution of crimes
against the United States.
Sec. 208.  None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental,
maintenance, or purchase of audiovisual or electronic media
or equipment for

[[Page S1616]]

inmate training, religious, or educational programs.
Sec. 210.  None of the funds made available under this
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board
certify to the Committees on Appropriations of the House of
Representatives and the Senate that the information
technology program has appropriate program management
controls and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 211.  The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and accompanying statement, and to any use of deobligated
balances of funds provided under this title in previous
years.
Sec. 212.  None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 213.  Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of section 545 of title 28, United
States Code.
Sec. 214.  At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available
(or authorized to be made available) by law, with respect to
funds appropriated by this title under the headings
``Research, Evaluation and Statistics'', ``State and Local
Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 3 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical
assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation,
or statistical programs administered by the National
Institute of Justice and the Bureau of Justice Statistics,
shall be transferred to and merged with funds provided to the
National Institute of Justice and the Bureau of Justice
Statistics, to be used by them for research, evaluation or
statistical purposes, without regard to the authorizations
for such grant or reimbursement programs, and of such
amounts, $1,300,000 shall be transferred to the Bureau of
Prisons for Federal inmate research and evaluation purposes.
Sec. 215.  Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the
Attorney General may, with respect to funds appropriated by
this or any other Act making appropriations for fiscal years
2010 through 2013 for the following programs, waive the
following requirements:
(1) For the Adult and Juvenile Offender State and Local
Reentry Demonstration Projects under part FF of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797w(g)(1)), the requirements under section
2976(g)(1) of such part.
(2) For State, Tribal, and Local Reentry Courts under part
FF of title I of such Act of 1968 (42 U.S.C. 3797w-2(e)(1)
and (2)), the requirements under section 2978(e)(1) and (2)
of such part.
(3) For the Prosecution Drug Treatment Alternatives to
Prison Program under part CC of title I of such Act of 1968
(42 U.S.C. 3797q-3), the requirements under section 2904 of
such part.
(4) For Grants to Protect Inmates and Safeguard Communities
under the Prison Rape Elimination Act of 2003 (42 U.S.C.
15605(c)(3)), the requirements of section 6(c)(3) of such
Act.
Sec. 216.  Notwithstanding any other provision of law,
section 20109(a) of subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13709(a)) shall not apply to amounts made available by this
or any other Act.
Sec. 217.  None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (18 U.S.C. 922 note), may be used by
a Federal law enforcement officer to facilitate the transfer
of an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is
an agent of a drug cartel, unless law enforcement personnel
of the United States continuously monitor or control the
firearm at all times.
Sec. 218. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation during fiscal year 2013.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of
Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation in fiscal year 2013, and any use,
obligation, transfer or allocation of such funds shall be
treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall be available for obligation during
fiscal year 2013, and any use, obligation, transfer or
allocation of such funds shall be treated as a reprogramming
of funds under section 505 of this Act.
(d) Of amounts available in the Assets Forfeiture Fund in
fiscal year 2013, $154,700,000 shall be for payments
associated with joint law enforcement operations as
authorized by section 524(c)(1)(I) of title 28, United States
Code.
(e) The Attorney General shall submit a spending plan to
the Committees on Appropriations of the House of
Representatives and the Senate not later than 45 days after
the date of enactment of this Act detailing the planned
distribution of Assets Forfeiture Fund joint law enforcement
operations funding during fiscal year 2013.
(f) Subsections (a) through (d) of this section shall
sunset on September 30, 2013.
This title may be cited as the ``Department of Justice
Appropriations Act, 2013''.

TITLE III

SCIENCE

Office of Science and Technology Policy

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

National Aeronautics and Space Administration

science

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

aeronautics

For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$570,000,000, to remain available until September 30, 2014.

space technology

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

[[Page S1617]]

exploration

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

space operations

For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft,
$3,953,000,000, to remain available until September 30, 2014.

education

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

cross agency support

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

construction and environmental compliance and restoration

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

office of inspector general

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

administrative provisions

Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Balances so
transferred shall be merged with and available for the same
purposes and the same time period as the appropriations to
which transferred. Any transfer pursuant to this provision
shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation
except in compliance with the procedures set forth in that
section.
The spending plan required by this Act shall be provided by
NASA at the theme, program, project and activity level. The
spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Section 30102(c) of title 51, United States Code, is
amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end
inserting ``; and''; and
(3) by adding at the end the following:
``(4) refunds or rebates received on an on-going basis from
a credit card services provider under the National
Aeronautics and Space Administration's credit card
programs.''.

National Science Foundation

research and related activities

For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public
Law 86-209 (42 U.S.C. 1880 et seq.); services as authorized
by section 3109 of title 5, United States Code; maintenance
and operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized
travel; $5,983,280,000, to remain available until September
30, 2014, of which not to exceed $500,000,000 shall remain
available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and
other National Science Foundation supported research
facilities may be credited to this appropriation:  Provided
further, That not less than $158,190,000 shall be available
for activities authorized by section 7002(c)(2)(A)(iv) of
Public Law 110-69.

major research equipment and facilities construction

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

education and human resources

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

agency operations and award management

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

[[Page S1618]]

office of the national science board

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

office of inspector general

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

administrative provision

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

TITLE IV

RELATED AGENCIES

Commission on Civil Rights

salaries and expenses

(including transfer of funds)

For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,400,000:
Provided, That none of the funds appropriated in this
paragraph shall be used to employ in excess of four full-time
individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this
paragraph shall be used to reimburse Commissioners for more
than 75 billable days, with the exception of the chairperson,
who is permitted 125 billable days:  Provided further, That
none of the funds appropriated in this paragraph shall be
used for any activity or expense that is not explicitly
authorized by section 3 of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975a):  Provided further, That there shall
be an Inspector General at the Commission on Civil Rights who
shall have the duties, responsibilities, and authorities
specified in the Inspector General Act of 1978:  Provided
further, That an individual appointed to the position of
Inspector General of the Government Accountability Office
(GAO) shall, by virtue of such appointment, also hold the
position of Inspector General of the Commission on Civil
Rights:  Provided further, That the Inspector General of the
Commission on Civil Rights shall utilize personnel of the
Office of Inspector General of GAO in performing the duties
of the Inspector General of the Commission on Civil Rights,
and shall not appoint any individuals to positions within the
Commission on Civil Rights:  Provided further, That the
Inspector General may waive any statutorily required
reporting requirement (with the exception of the semiannual
report required by section 5 of the Inspector General Act of
1978) upon a certification to the Committees on
Appropriations of the House of Representatives and the Senate
that such report is not necessary for effective oversight of
the Commission:  Provided further, That of the amounts made
available in this paragraph, $450,000 shall be transferred
directly to the Office of Inspector General of GAO upon
enactment of this Act for salaries and expenses necessary to
carry out the duties of the Inspector General of the
Commission on Civil Rights.

Equal Employment Opportunity Commission

salaries and expenses

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

International Trade Commission

salaries and expenses

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

Legal Services Corporation

payment to the legal services corporation

For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$365,000,000, of which $339,400,000 is for basic field
programs and required independent audits; $4,200,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $17,000,000 is for management and grants
oversight; $3,400,000 is for client self-help and information
technology; and $1,000,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no
greater than that provided by the Federal Government to
Washington, DC-based employees as authorized by section 5304
of title 5, United States Code, notwithstanding section
1005(d) of the Legal Services Corporation Act (42 U.S.C.
2996(d)):  Provided further, That the authorities provided in
section 205 of this Act shall be applicable to the Legal
Services Corporation:  Provided further, That, for the
purposes of section 505 of this division, and section 3003 of
division G, the Legal Services Corporation shall be
considered an agency of the United States Government.

administrative provisions--legal services corporation

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

Marine Mammal Commission

salaries and expenses

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

Office of the United States Trade Representative

salaries and expenses

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

State Justice Institute

salaries and expenses

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

TITLE V

GENERAL PROVISIONS

(including rescissions)

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

[[Page S1619]]

Sec. 504.  If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. (a) Subject to subsections (b) and (c), none of
the funds provided under this Act, or provided under previous
appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year
2013, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates or initiates a new program, project or
activity; (2) eliminates a program, project or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames
offices, programs or activities; (6) contracts out or
privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects
or activities in excess of $500,000 or 10 percent, whichever
is less, or reduces by 10 percent funding for any program,
project or activity, or numbers of personnel by 10 percent;
or (8) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects or activities as approved by
Congress; unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act to any agency
of the Department of Justice, or provided under previous
appropriations Acts to any agency of the Department of
Justice that remain available for obligation or expenditure
in fiscal year 2013, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2) eliminates a program,
project or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees;
(5) reorganizes or renames offices, programs or activities;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; (7) augments
existing programs, projects or activities in excess of
$500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing
programs, projects or activities as approved by Congress;
unless the House and Senate Committees on Appropriations are
notified 45 days in advance of such reprogramming of funds.
(c) Subsection (b) of this section shall sunset on
September 30, 2013.
Sec. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or
shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to
authorized purchases of promotional items, funds made
available by this Act shall be used to purchase items that
are manufactured, produced, or assembled in the United
States, its territories, or its possessions.
(2) The term ``promotional items'' has the meaning given
the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a quarterly report on the status of balances of
appropriations at the account level. For unobligated,
uncommitted balances and unobligated, committed balances the
quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which
the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately
identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be
submitted within 30 days of the end of the first quarter of
fiscal year 2013, and subsequent reports shall be submitted
within 30 days of the end of each quarter thereafter.
(c) If a department or agency is unable to fulfill any
aspect of a reporting requirement described in subsection (a)
due to a limitation of a current accounting system, the
department or agency shall fulfill such aspect to the maximum
extent practicable under such accounting system and shall
identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508.  Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act:  Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Sec. 509.  None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 510.  Notwithstanding any other provision of law,
amounts deposited or available in the Fund established by
section 1402 of chapter XIV of title II of Public Law 98-473
(42 U.S.C. 10601) in any fiscal year in excess of
$730,000,000 shall not be available for obligation until the
following fiscal year.
Sec. 511.  None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 512.  None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 513.  Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures
set forth in section 505 of this Act.
Sec. 514. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations of the
data.
(b) For fiscal year 2013 and thereafter, the Bureau of
Alcohol, Tobacco, Firearms and Explosives shall include in
all such data releases, language similar to the following
that would make clear that trace data cannot be used to draw
broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected
do not constitute a random sample and should not be
considered representative of the larger universe of all
firearms used by criminals, or any subset of that universe.
Firearms are normally traced to the first retail seller, and
sources reported for firearms traced do not necessarily
represent the sources or methods by which firearms in general
are acquired for use in crime.
Sec. 515. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation,
and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of
grants or contracts for which funds are appropriated by this
Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet
website maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall
be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by
this Act may not be used for the purpose of defraying the
costs of a banquet or conference that is not directly and
programmatically related to the purpose for which the grant
or contract was awarded, such as a banquet or conference held
in connection with planning, training, assessment, review, or
other routine purposes related to a project funded by the
grant or contract.
(d) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from

[[Page S1620]]

the grant or contract will be made available through a
subcontract or in any other manner to another person who has
a financial interest in the person awarded the grant or
contract.
(e) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in
such subsections, consistently apply under the executive
branch ethics program to all Federal departments, agencies,
and entities.
Sec. 516. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire
an information technology system unless the head of the
entity involved, in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity, has made
an assessment of any associated risk of cyber-espionage or
sabotage associated with the acquisition of such system,
including any risk associated with such system being
produced, manufactured or assembled by one or more entities
that are owned, directed or subsidized by the People's
Republic of China.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire an
information technology system described in an assessment
required by subsection (a) and produced, manufactured or
assembled by one or more entities that are owned, directed or
subsidized by the People's Republic of China unless the head
of the assessing entity described in subsection (a)
determines, and reports that determination to the Committees
on Appropriations of the House of Representatives and the
Senate, that the acquisition of such system is in the
national interest of the United States.
Sec. 517.  None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 518. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection
with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 519.  Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
Sec. 520.  None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 521.  None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act;
The National Security Act of 1947; USA PATRIOT Act; and the
laws amended by these Acts.
Sec. 522.  If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent, the program manager shall immediately inform the
respective Secretary, Administrator, or Director. The
Secretary, Administrator, or Director shall notify the House
and Senate Committees on Appropriations within 30 days in
writing of such increase, and shall include in such notice:
the date on which such determination was made; a statement of
the reasons for such increases; the action taken and proposed
to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and
the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new
estimates of the total project or procurement costs; and a
statement validating that the project's management structure
is adequate to control total project or procurement costs.
Sec. 523.  Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2013 until the enactment of the
Intelligence Authorization Act for fiscal year 2013.
Sec. 524.  The Departments, agencies, and commissions
funded under this Act, shall establish and maintain on the
homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General
website by which individuals may anonymously report cases of
waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
Sec. 525.  None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.

(rescissions)

Sec. 526. (a) Of the unobligated balances available to the
Department of Justice, the following funds are hereby
rescinded, not later than September 30, 2013, from the
following accounts in the specified amounts--
(1) ``Working Capital Fund'', $26,000,000;
(2) ``Legal Activities, Assets Forfeiture Fund'',
$722,697,000;
(3) ``Bureau of Alcohol, Tobacco, Firearms and Explosives,
Violent Crime Reduction Program'', $1,028,000;
(4) ``Federal Prison System, Buildings and Facilities'',
$64,700,000;
(5) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $12,000,000;
(6) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $43,000,000; and
(7) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $12,200,000.
(b) The Department of Justice shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report no later than September 1, 2013,
specifying the amount of each rescission made pursuant to
subsection (a).
Sec. 527.  None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is
inconsistent with the principal negotiating objective of the
United States with respect to trade remedy laws to preserve
the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;

[[Page S1621]]

(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and international
disciplines on unfair trade, especially dumping and
subsidies; or
(B) lessen the effectiveness of domestic and international
safeguard provisions, in order to ensure that United States
workers, agricultural producers, and firms can compete fully
on fair terms and enjoy the benefits of reciprocal trade
concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
Sec. 528.  None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 529.  None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency at any
single conference occurring outside the United States, unless
such conference is a law enforcement training or operational
conference for law enforcement personnel and the majority of
Federal employees in attendance are law enforcement personnel
stationed outside the United States.
Sec. 530.  None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 531. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 532.  None of the funds made available under this Act
may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
Sec. 533.  To the extent practicable, funds made available
in this Act should be used to purchase light bulbs that are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation.
Sec. 534.  The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States Government receiving
funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports
the following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department,
agency, or instrumentality and the total finances that have
not been obligated to a specific project remaining in the
accounts.
Sec. 535. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA) or the Office of Science and Technology
Policy (OSTP) to develop, design, plan, promulgate,
implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or
coordinate bilaterally in any way with China or any Chinese-
owned company unless such activities are specifically
authorized by a law enacted after the date of enactment of
this Act.
(b) The limitation in subsection (a) shall also apply to
any funds used to effectuate the hosting of official Chinese
visitors at facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA or OSTP has
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate no later than 30 days prior to
the activity in question and shall include a description of
the purpose of the activity, its agenda, its major
participants, and its location and timing.
Sec. 536.  None of the funds made available in this Act may
be used to relocate the Bureau of the Census or employees
from the Department of Commerce to the jurisdiction of the
Executive Office of the President.
Sec. 537.  The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, and the
National Science Foundation shall submit spending plans,
signed by the respective department or agency head, to the
Committees on Appropriations of the House of Representatives
and the Senate within 45 days after the date of enactment of
this Act.
Sec. 538.  None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any
model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Sec. 539. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 540.  None of the funds made available by this Act may
be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless an agency
has considered suspension or debarment of the corporation and
has made a determination that this further action is not
necessary to protect the interests of the Government.
Sec. 541.  None of the funds made available by this Act may
be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless an agency has considered suspension or debarment of
the corporation and has made a determination that this
further action is not necessary to protect the interests of
the Government.
Sec. 542.  None of the funds made available by this Act may
be used to pay the salary of any officer or employee of the
Department of Commerce who uses amounts in the Fisheries
Enforcement Asset Forfeiture Fund of the National Oceanic and
Atmospheric Administration that consists of the sums
described in section 311(e)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1861(e)(1)) for any purpose other than a purpose specifically
authorized under such section.
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

[[Page S1622]]

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

Military Personnel, Marine Corps

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

Military Personnel, Air Force

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

Reserve Personnel, Army

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

Reserve Personnel, Navy

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

Reserve Personnel, Marine Corps

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $658,251,000.

Reserve Personnel, Air Force

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

National Guard Personnel, Army

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

National Guard Personnel, Air Force

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

TITLE II

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $12,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential
military purposes, $35,409,260,000.

Operation and Maintenance, Navy

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

Operation and Maintenance, Marine Corps

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

Operation and Maintenance, Air Force

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

Operation and Maintenance, Defense-Wide

(including transfer of funds)

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

Operation and Maintenance, Army Reserve

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

Operation and Maintenance, Navy Reserve

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

Operation and Maintenance, Marine Corps Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and

[[Page S1623]]

administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $277,377,000.

Operation and Maintenance, Air Force Reserve

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

Operation and Maintenance, Army National Guard

For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $7,154,161,000.

Operation and Maintenance, Air National Guard

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

United States Court of Appeals for the Armed Forces

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

Environmental Restoration, Army

(including transfer of funds)

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

Environmental Restoration, Navy

(including transfer of funds)

For the Department of the Navy, $310,594,000, to remain
available until transferred:  Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred:  Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation:  Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.

Environmental Restoration, Air Force

(including transfer of funds)

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

Environmental Restoration, Defense-Wide

(including transfer of funds)

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

Environmental Restoration, Formerly Used Defense Sites

(including transfer of funds)

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

Overseas Humanitarian, Disaster, and Civic Aid

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

Cooperative Threat Reduction Account

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

Department of Defense Acquisition Workforce Development Fund

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

TITLE III

PROCUREMENT

Aircraft Procurement, Army

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

Missile Procurement, Army

For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,

[[Page S1624]]

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

Procurement of Weapons and Tracked Combat Vehicles, Army

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

Procurement of Ammunition, Army

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,641,306,000, to remain available for obligation until
September 30, 2015.

Other Procurement, Army

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

Aircraft Procurement, Navy

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

Weapons Procurement, Navy

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

Procurement of Ammunition, Navy and Marine Corps

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$659,897,000, to remain available for obligation until
September 30, 2015.

Shipbuilding and Conversion, Navy

For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program, $565,371,000;
Virginia Class Submarine, $3,217,601,000;
Virginia Class Submarine (AP), $1,652,557,000;
CVN Refuelings, $1,613,392,000;
CVN Refuelings (AP), $70,010,000;
DDG-1000 Program, $669,222,000;
DDG-51 Destroyer, $4,036,628,000;
DDG-51 Destroyer (AP), $466,283,000;
Littoral Combat Ship, $1,784,959,000;
LPD-17 (AP), $263,255,000;
Joint High Speed Vessel, $189,196,000;
Moored Training Ship, $307,300,000;
LCAC Service Life Extension Program, $85,830,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $290,035,000.
Completion of Prior Year Shipbuilding Programs,
$372,573,000.
In all: $15,584,212,000, to remain available for obligation
until September 30, 2017:  Provided, That additional
obligations may be incurred after September 30, 2017, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction:  Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards.

Other Procurement, Navy

For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$5,955,078,000, to remain available for obligation until
September 30, 2015.

Procurement, Marine Corps

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

Aircraft Procurement, Air Force

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

Missile Procurement, Air Force

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

Procurement of Ammunition, Air Force

For construction, procurement, production, and modification
of ammunition, and

[[Page S1625]]

accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title
10, United States Code, and the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $594,694,000, to remain available for
obligation until September 30, 2015.

Other Procurement, Air Force

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

Procurement, Defense-Wide

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

Defense Production Act Purchases

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

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

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

Research, Development, Test and Evaluation, Navy

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

Research, Development, Test and Evaluation, Air Force

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

Research, Development, Test and Evaluation, Defense-Wide

(including transfer of funds)

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

Operational Test and Evaluation, Defense

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

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

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

National Defense Sealift Fund

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

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $32,715,304,000; of which $30,885,165,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available until September 30,
2014, and of which up to $15,934,952,000 may be available for
contracts entered into under the TRICARE program; of which
$521,762,000, to remain available for obligation until
September 30, 2015, shall be for procurement; and of which
$1,308,377,000, to remain available for obligation until
September 30, 2014, shall be for research, development, test
and evaluation:  Provided, That, notwithstanding any other
provision of law, of the amount made available under this
heading for research, development, test and evaluation, not
less than $8,000,000 shall be available for HIV prevention
educational activities undertaken in connection with United
States military training, exercises, and humanitarian
assistance activities conducted primarily in African nations:
Provided further, That of the funds provided to develop a
joint Department of Defense--Department of Veterans Affairs
(DOD-VA) integrated Electronic Health Record, not more than
25 percent may be obligated until the DOD-VA Interagency
Program Office submits to the Committees on Appropriations of
both Houses of Congress, and such Committees approve, a plan
for expenditure that: (1) defines the budget and cost
baseline for development of the integrated Electronic Health
Record; (2) identifies the deployment timeline for the system
for both agencies; (3) breaks out annual and total spending
for each Department; (4) relays detailed cost-sharing
business rules; (5) establishes data standardization
schedules between the Departments; (6) has been submitted to
the Government Accountability Office for review; and (7)
complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Federal Government.

Chemical Agents and Munitions Destruction, Defense

For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $1,301,786,000, of which $635,843,000 shall
be for operation and maintenance, of which no less than

[[Page S1626]]

$53,948,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $22,214,000 for
activities on military installations and $31,734,000, to
remain available until September 30, 2014, to assist State
and local governments; $18,592,000 shall be for procurement,
to remain available until September 30, 2015, of which
$1,823,000 shall be for the Chemical Stockpile Emergency
Preparedness Program to assist State and local governments;
and $647,351,000, to remain available until September 30,
2014, shall be for research, development, test and
evaluation, of which $627,705,000 shall only be for the
Assembled Chemical Weapons Alternatives (ACWA) program.

Drug Interdiction and Counter-Drug Activities, Defense

(including transfer of funds)

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

Office of the Inspector General

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

TITLE VII

RELATED AGENCIES

Central Intelligence Agency Retirement and Disability System Fund

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

Intelligence Community Management Account

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

TITLE VIII

GENERAL PROVISIONS

Sec. 8001.  No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002.  During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense:  Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher:  Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980:  Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003.  No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004.  No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year:  Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.

(transfer of funds)

Sec. 8005.  Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,000,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred:  Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act:  Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress:  Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to
June 30, 2013:  Provided further, That transfers among
military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled ``Explanation of Project Level Adjustments'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), the
obligation and expenditure of amounts appropriated or
otherwise made available in this Act for those programs,
projects, and activities for which the amounts appropriated
exceed the amounts requested are hereby required by law to be
carried out in the manner provided by such tables to the same
extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between
appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the
baseline for application of reprogramming and transfer
authorities for fiscal year 2013:  Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement.

(transfer of funds)

Sec. 8008.  During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds:  Provided, That transfers may be made between
such funds:  Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
Sec. 8009.  Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010.  None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award:  Provided,
That no part

[[Page S1627]]

of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the
limits of the Government's liability:  Provided further, That
no part of any appropriation contained in this Act shall be
available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically
provided in this Act:  Provided further, That no multiyear
procurement contract can be terminated without 10-day prior
notification to the congressional defense committees:
Provided further, That the execution of multiyear authority
shall require the use of a present value analysis to
determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act
may be used for a multiyear contract executed after the date
of the enactment of this Act unless in the case of any such
contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows:
F/A-18E, F/A-18F, and EA-18G aircraft; up to 10 DDG-51
Arleigh Burke class Flight IIA guided missile destroyers, as
well as the AEGIS Weapon Systems, MK 41 Vertical Launching
Systems, and Commercial Broadband Satellite Systems
associated with those vessels; SSN-774 Virginia class
submarine and government-furnished equipment; CH-47 Chinook
helicopter; and V-22 Osprey aircraft variants.
Sec. 8011.  Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code:  Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239:  Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2013, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2014 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2014 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2014.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013.  None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014.  None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment:  Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987:  Provided further,
That this section applies only to active components of the
Army.

(transfer of funds)

Sec. 8015.  Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8016.  None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States:  Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process):  Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost
of the components produced or manufactured outside the United
States:  Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8017.  None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8018.  No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region:  Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8019.  In addition to the funds provided elsewhere in
this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing
Act of 1974 (25 U.S.C. 1544):  Provided, That a prime
contractor or a subcontractor at any tier that makes a
subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States
Code, shall be considered a contractor for the purposes of
being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with
respect to any fiscal year:  Provided further, That
notwithstanding section 1906 of title 41, United States Code,
this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial
items produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8020.  Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8021.  During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section:  Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8022. (a) Of the funds made available in this Act, not
less than $38,634,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $28,404,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $9,298,000 shall be available from ``Aircraft
Procurement, Air Force''; and

[[Page S1628]]

(3) $932,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year:  Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 2013 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or
for certain charitable contributions, not to include employee
participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2013,
not more than 5,750 staff years of technical effort (staff
years) may be funded for defense FFRDCs:  Provided; That of
the specific amount referred to previously in this
subsection, not more than 1,125 staff years may be funded for
the defense studies and analysis FFRDCs:  Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2014 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year and the associated budget estimates.
Sec. 8024.  None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy,
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada:  Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate:  Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes:  Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8025.  For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8026.  During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms:  Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids:  Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8027. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2013. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8028.  During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030.  During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8031. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2014 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2014 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2014 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8032.  None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2014:  Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947, as amended, shall
remain available until September 30, 2014.
Sec. 8033.  Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the

[[Page S1629]]

Services, the Unified and Specified Commands, and the
component commands.
Sec. 8034.  Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8035. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8036.  None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support:  Provided,
That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to
improvements of equipment that is in development or
production, or contracts as to which a civilian official of
the Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in the
interest of the national defense.
Sec. 8037. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats; or
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense.
Sec. 8038.  None of the funds made available in this Act
may be used to approve or license the sale of the F-22A
advanced tactical fighter to any foreign government:
Provided, That the Department of Defense may conduct or
participate in studies, research, design and other activities
to define and develop a future export version of the F-22A
that protects classified and sensitive information,
technologies and U.S. warfighting capabilities.
Sec. 8039.  The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' to make grants and supplement
other Federal funds in accordance with the guidance provided
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Sec. 8040. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.

(rescissions)

Sec. 8041.  Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51
Destroyer, $98,400,000;
``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51
Destroyer Advance Procurement, $2,500,000;
``Shipbuilding and Conversion, Navy, 2007/ 2018'': CVN
Refueling Overhaul, $14,100,000;
``Procurement of Ammunition, Army, 2011/ 2013'',
$14,862,000;
``Other Procurement, Army, 2011/2013'', $108,098,000;
``Aircraft Procurement, Navy, 2011/2013'', $43,860,000;
``Shipbuilding and Conversion, Navy, 2011/ 2015'': DDG-51
Destroyer, $215,300,000;
``Weapons Procurement, Navy, 2011/2013'', $22,000,000;
``Aircraft Procurement, Air Force, 2011/2013'',
$93,400,000;
``Other Procurement, Air Force, 2011/2013'', $9,500,000;
``Operation and Maintenance, Defense-Wide, 2012/XXXX'',
$21,000,000;
``Aircraft Procurement, Army, 2012/2014'', $47,400,000;
``Other Procurement, Army, 2012/2014'', $179,608,000;
``Aircraft Procurement, Navy, 2012/2014'', $19,040,000;
``Shipbuilding and Conversion, Navy, 2012/ 2016'': Littoral
Combat Ship, $28,800,000;
``Shipbuilding and Conversion, Navy, 2012/ 2016'': DDG-51
Destroyer, $83,000,000;
``Weapons Procurement, Navy, 2012/2014'', $36,467,000;
``Procurement of Ammunition, Navy and Marine Corps, 2012/
2014'', $16,300,000;
``Procurement, Marine Corps, 2012/2014'', $132,555,000;
``Aircraft Procurement, Air Force, 2012/2014'',
$394,299,000;
``Missile Procurement, Air Force, 2012/2014'', $52,898,000;
``Other Procurement, Air Force, 2012/2014'', $55,800,000;
``Procurement, Defense-Wide, 2012/2014'', $16,000,000;

[[Page S1630]]

``Research, Development, Test and Evaluation, Army, 2012/
2013'', $41,000,000;
``Research, Development, Test and Evaluation, Navy, 2012/
2013'', $246,800,000;
``Research, Development, Test and Evaluation, Air Force,
2012/2013'', $149,460,000.
Sec. 8042.  None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a
direct result of a reduction in military force structure.
Sec. 8043.  None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose.
Sec. 8044.  Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program:  Provided, That
nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8045.  During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003,
level:  Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8046. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8047.  None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin:  Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes:  Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8048.  None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8049.  None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress:  Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
Sec. 8050. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate are
notified 15 days in advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8051.  None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.

(including transfer of funds)

Sec. 8052.  During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8053.  During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account:  Provided further, That the
total amount charged to a current appropriation under this
section may not exceed an amount equal to 1 percent of the
total appropriation for that account.
Sec. 8054. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8055.  Using funds made available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany:  Provided, That
in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United
States anthracite as the base load energy for municipal
district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical
Center and Ramstein Air Base, furnished heat may be obtained
from private, regional or municipal services, if provisions
are included for the consideration of United States coal as
an energy source.
Sec. 8056.  None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements:  Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for

[[Page S1631]]

operational use:  Provided further, That this restriction
does not apply to programs funded within the National
Intelligence Program:  Provided further, That the Secretary
of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate that it is in
the national security interest to do so.
Sec. 8057. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211,
8215, and 9404.
Sec. 8058. (a) None of the funds made available by this Act
may be used to support any training program involving a unit
of the security forces or police of a foreign country if the
Secretary of Defense has received credible information from
the Department of State that the unit has committed a gross
violation of human rights, unless all necessary corrective
steps have been taken.
(b) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
conduct any training program referred to in subsection (a),
full consideration is given to all credible information
available to the Department of State relating to human rights
violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by
extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a
report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign
security forces involved in the training program, and the
information relating to human rights violations that
necessitates the waiver.
Sec. 8059.  None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8060.  Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
45 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees:  Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8061.  The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
Sec. 8062.  During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis:  Provided, That this
restriction shall not apply if the department is authorized
by law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority:  Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8063.  Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8064.  None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8065.  Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
Sec. 8066.  None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located:  Provided, That in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State:  Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.

(including transfer of funds)

Sec. 8067.  Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $133,381,000
shall remain available until expended:  Provided, That
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government:  Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section:  Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary:  Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8068.  Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat.
3009-111; 10 U.S.C. 113 note) shall continue in effect to
apply to disbursements that are made by the Department of
Defense in fiscal year 2013.

(including transfer of funds)

Sec. 8069.  During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and
Maintenance, Defense-Wide'' may be transferred to the
Department of State ``Global Security Contingency Fund'':
Provided, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense:  Provided further, That the Secretary of Defense
shall, not fewer than 30 days prior to making transfers to
the Department of State ``Global Security Contingency Fund'',
notify the congressional defense committees in writing with
the source of funds and a detailed justification, execution
plan, and timeline for each proposed project.
Sec. 8070.  In addition to amounts provided elsewhere in
this Act, $4,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended:  Provided, That notwithstanding any other provision
of law, that upon the determination of the Secretary of
Defense that it shall serve the national interest, these
funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional

[[Page S1632]]

Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an
eligible military beneficiary.

(including transfer of funds)

Sec. 8071.  Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$479,736,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $211,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to
counter short-range rocket threats, $149,679,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development
under the SRBMD program, of which $39,200,000 shall be for
production activities of SRBMD missiles in the United States
and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and
procedures, $74,692,000 shall be available for an upper-tier
component to the Israeli Missile Defense Architecture, and
$44,365,000 shall be for the Arrow System Improvement Program
including development of a long range, ground and airborne,
detection suite:  Provided further, That funds made available
under this provision for production of missiles and missile
components may be transferred to appropriations available for
the procurement of weapons and equipment, to be merged with
and to be available for the same time period and the same
purposes as the appropriation to which transferred:  Provided
further, That the transfer authority provided under this
provision is in addition to any other transfer authority
contained in this Act.
Sec. 8072. (a) None of the funds available to the
Department of Defense may be obligated to modify command and
control relationships to give Fleet Forces Command
operational and administrative control of U.S. Navy forces
assigned to the Pacific fleet.
(b) None of the funds available to the Department of
Defense may be obligated to modify command and control
relationships to give United States Transportation Command
operational and administrative control of C-130 and KC-135
forces assigned to the Pacific and European Air Force
Commands.
(c) The command and control relationships in subsections
(a) and (b) which existed on March 13, 2011, shall remain in
force unless changes are specifically authorized in a
subsequent Act.
(d) This subsection does not apply to administrative
control of Navy Air and Missile Defense Command.

(including transfer of funds)

Sec. 8073.  Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$372,573,000 shall be available until September 30, 2013, to
fund prior year shipbuilding cost increases:  Provided, That
upon enactment of this Act, the Secretary of the Navy shall
transfer funds to the following appropriations in the amounts
specified:  Provided further, That the amounts transferred
shall be merged with and be available for the same purposes
as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy,
2007/2013'': LHA Replacement Program $156,685,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy,
2008/2013'': LPD-17 Amphibious Transport Dock Program
$80,888,000; and
(3) Under the heading ``Shipbuilding and Conversion, Navy,
2009/2013'': CVN Refueling Overhauls Program $135,000,000.
Sec. 8074.  Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2013 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2013.
Sec. 8075.  None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8076.  The budget of the President for fiscal year
2014 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, and the Procurement accounts:  Provided, That these
documents shall include a description of the funding
requested for each contingency operation, for each military
service, to include all Active and Reserve components, and
for each appropriations account:  Provided further, That
these documents shall include estimated costs for each
element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates
of the major weapons systems deployed in support of each
contingency:  Provided further, That these documents shall
include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for
all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8077.  None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8078.  In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $44,000,000
is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of
Defense that it shall serve the national interest, he shall
make grants in the amounts specified as follows: $20,000,000
to the United Service Organizations and $24,000,000 to the
Red Cross.
Sec. 8079.  None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act:  Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8080.  None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities:  Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8081. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements
of the Armed Forces.

(including transfer of funds)

Sec. 8082.  The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation to
any available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any
ship construction program appropriated in law:  Provided,
That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section:  Provided
further, That the Secretary may not transfer any funds until
30 days after the proposed transfer has been reported to the
Committees on Appropriations of the House of Representatives
and the Senate, unless a response from the Committees is
received sooner:  Provided further, That any funds
transferred pursuant to this section shall retain the same
period of availability as when originally appropriated:
Provided further, That the transfer authority provided by
this section is in addition to any other transfer authority
contained elsewhere in this Act.
Sec. 8083.  For purposes of section 7108 of title 41,
United States Code, any subdivision of appropriations made
under the heading ``Shipbuilding and Conversion, Navy'' that
is not closed at the time reimbursement is made shall be
available to reimburse the Judgment Fund and shall be
considered for the same purposes as any subdivision under the
heading ``Shipbuilding and Conversion, Navy'' appropriations
in the current fiscal year or any prior fiscal year.
Sec. 8084. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Gray Eagle Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8085.  Up to $15,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces:  Provided, That funds made available for
this purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance
or combined exercise expenses:  Provided further, That funds
may not be obligated to provide assistance to any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8086.  None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2014.

[[Page S1633]]

Sec. 8087.  For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8088.  The Director of National Intelligence shall
include the budget exhibits identified in paragraphs (1) and
(2) as described in the Department of Defense Financial
Management Regulation with the congressional budget
justification books:
(1) For procurement programs requesting more than
$10,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning;
P-21, Production Schedule; and P-40, Budget Item
Justification.
(2) For research, development, test and evaluation projects
requesting more than $5,000,000 in any fiscal year, the R-1,
Research, Development, Test and Evaluation Program; R-2,
Research, Development, Test and Evaluation Budget Item
Justification; R-3, Research, Development, Test and
Evaluation Project Cost Analysis; and R-4, Research,
Development, Test and Evaluation Program Schedule Profile.
Sec. 8089. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2013:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.

(including transfer of funds)

Sec. 8090.  Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $20,000,000 is available for
transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide
information sharing activities:  Provided, That funds
transferred under this provision are to be merged with and
available for the same purposes and time period as the
appropriation to which transferred:  Provided further, That
the Office of Management and Budget must approve any
transfers made under this provision.
Sec. 8091. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
1(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified
30 days in advance of such reprogramming of funds; this
notification period may be reduced for urgent national
security requirements.

(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
1(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the
Act unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national
security requirements.
Sec. 8092.  The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-
years intelligence program (including associated annexes)
reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect
to which the budget is submitted and at least the four
succeeding fiscal years.
Sec. 8093.  For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8094.  The Department of Defense shall continue to
report incremental contingency operations costs for Operation
New Dawn and Operation Enduring Freedom, or any other named
operations in the U.S. Central Command area of operation on a
monthly basis in the Cost of War Execution Report as
prescribed in the Department of Defense Financial Management
Regulation Department of Defense Instruction 7000.14, Volume
12, Chapter 23 ``Contingency Operations'', Annex 1, dated
September 2005.

(including transfer of funds)

Sec. 8095.  During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.

(including transfer of funds)

Sec. 8096.  Funds appropriated by this Act for operation
and maintenance may be available for the purpose of making
remittances to the Defense Acquisition Workforce Development
Fund in accordance with the requirements of section 1705 of
title 10, United States Code.
Sec. 8097. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8098. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or
arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' is
an entity that has a subcontract in excess of $1,000,000 on a
contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
Sec. 8099.  None of the funds made available under this Act
may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.

(including transfer of funds)

Sec. 8100.  From within the funds appropriated for
operation and maintenance for

[[Page S1634]]

the Defense Health Program in this Act, up to $139,204,000,
shall be available for transfer to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of
section 1704 of the National Defense Authorization Act for
Fiscal Year 2010, Public Law 111-84:  Provided, That for
purposes of section 1704(b), the facility operations funded
are operations of the integrated Captain James A. Lovell
Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care
Center, and supporting facilities designated as a combined
Federal medical facility as described by section 706 of
Public Law 110-417:  Provided further, That additional funds
may be transferred from funds appropriated for operation and
maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund upon written notification by the
Secretary of Defense to the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 8101.  The Office of the Director of National
Intelligence shall not employ more Senior Executive employees
than are specified in the classified annex.
Sec. 8102.  None of the funds appropriated or otherwise
made available by this Act may be obligated or expended to
pay a retired general or flag officer to serve as a senior
mentor advising the Department of Defense unless such retired
officer files a Standard Form 278 (or successor form
concerning public financial disclosure under part 2634 of
title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8103.  Appropriations available to the Department of
Defense may be used for the purchase of heavy and light
armored vehicles for the physical security of personnel or
for force protection purposes up to a limit of $250,000 per
vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 8104.  Of the amounts appropriated for ``Operation and
Maintenance, Defense-Wide'', the following amounts shall be
available to the Secretary of Defense, for the following
authorized purposes, notwithstanding any other provision of
law, acting through the Office of Economic Adjustment of the
Department of Defense, to make grants, conclude cooperative
agreements, and supplement other Federal funds, to remain
available until expended, to assist the civilian population
of Guam in response to the military buildup of Guam: (1)
$13,000,000 for addressing the need for construction of a
regional public health laboratory; and (2) $106,400,000 for
addressing the need for civilian water and wastewater
improvements:  Provided, That the Secretary of Defense shall,
not fewer than 15 days prior to obligating funds for either
of the foregoing purposes, notify the congressional defense
committees in writing of the details of any such obligation.

(including transfer of funds)

Sec. 8105.  There is hereby established in the Treasury of
the United States the ``Ship Modernization, Operations and
Sustainment Fund''. There is appropriated $2,382,100,000, for
the ``Ship Modernization, Operations and Sustainment Fund'',
to remain available until September 30, 2014:  Provided, That
the Secretary of the Navy shall transfer funds from the
``Ship Modernization, Operations and Sustainment Fund'' to
appropriations for military personnel; operation and
maintenance; research, development, test and evaluation; and
procurement, only for the purposes of manning, operating,
sustaining, equipping and modernizing the Ticonderoga-class
guided missile cruisers CG-63, CG-64, CG-65, CG-66, CG-68,
CG-69, CG-73, and the Whidbey Island-class dock landing ships
LSD-41 and LSD-46:  Provided further, That funds transferred
shall be merged with and be available for the same purposes
and for the same time period as the appropriation to which
they are transferred:  Provided further, That the transfer
authority provided herein shall be in addition to any other
transfer authority available to the Department of Defense:
Provided further, That the Secretary of the Navy shall, not
less than 30 days prior to making any transfer from the
``Ship Modernization, Operations and Sustainment Fund'',
notify the congressional defense committees in writing of the
details of such transfer.
Sec. 8106.  None of the funds made available by this Act
may be used by the Secretary of Defense to take beneficial
occupancy of more than 2,500 parking spaces (other than
handicap-reserved spaces) to be provided by the BRAC 133
project:  Provided, That this limitation may be waived in
part if: (1) the Secretary of Defense certifies to Congress
that levels of service at existing intersections in the
vicinity of the project have not experienced failing levels
of service as defined by the Transportation Research Board
Highway Capacity Manual over a consecutive 90-day period; (2)
the Department of Defense and the Virginia Department of
Transportation agree on the number of additional parking
spaces that may be made available to employees of the
facility subject to continued 90-day traffic monitoring; and
(3) the Secretary of Defense notifies the congressional
defense committees in writing at least 14 days prior to
exercising this waiver of the number of additional parking
spaces to be made available.
Sec. 8107.  Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall resume
quarterly reporting of the numbers of civilian personnel end
strength by appropriation account for each and every
appropriation account used to finance Federal civilian
personnel salaries to the congressional defense committees
within 15 days after the end of each fiscal quarter.
Sec. 8108.  None of the funds appropriated in this or any
other Act may be used to plan, prepare for, or otherwise take
any action to undertake or implement the separation of the
National Intelligence Program budget from the Department of
Defense budget.

(including transfer of funds)

Sec. 8109.  Upon a determination by the Director of
National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of
the Office of Management and Budget, transfer not to exceed
$2,000,000,000 of the funds made available in this Act for
the National Intelligence Program:  Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress:  Provided further, That a
request for multiple reprogrammings of funds using authority
provided in this section shall be made prior to June 30,
2013.

(including transfer of funds)

Sec. 8110.  In addition to amounts provided elsewhere in
the Act, there is appropriated $270,000,000 for an additional
amount for ``Operation and Maintenance, Defense-Wide'', to be
available until expended:  Provided, That such funds shall
only be available to the Secretary of Defense, acting through
the Office of Economic Adjustment of the Department of
Defense, or for transfer to the Secretary of Education,
notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal
funds to construct, renovate, repair, or expand elementary
and secondary public schools on military installations in
order to address capacity or facility condition deficiencies
at such schools:  Provided further, That in making such funds
available, the Office of Economic Adjustment or the Secretary
of Education shall give priority consideration to those
military installations with schools having the most serious
capacity or facility condition deficiencies as determined by
the Secretary of Defense:  Provided further, That funds may
not be made available for a school unless its enrollment of
Department of Defense-connected children is greater than 50
percent.
Sec. 8111.  None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8112. (a)(1) Except as provided in paragraph (2) and
subsection (d), none of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer any individual detained at Guantanamo to the custody
or control of the individual's country of origin, any other
foreign country, or any other foreign entity unless the
Secretary of Defense submits to Congress the certification
described in subsection (b) not later than 30 days before the
transfer of the individual.
(2) Paragraph (1) shall not apply to any action taken by
the Secretary to transfer any individual detained at
Guantanamo to effectuate--
(A) an order affecting the disposition of the individual
that is issued by a court or competent tribunal of the United
States having lawful jurisdiction (which the Secretary shall
notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.
(b) A certification described in this subsection is a
written certification made by the Secretary of Defense, with
the concurrence of the Secretary of State and in consultation
with the Director of National Intelligence, that--
(1) the government of the foreign country or the recognized
leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(A) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(B) maintains control over each detention facility in which
the individual is to be detained if the individual is to be
housed in a detention facility;
(C) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
exercise control over the individual;
(D) has taken or agreed to take effective actions to ensure
that the individual cannot take action to threaten the United
States, its citizens, or its allies in the future;
(E) has taken or agreed to take such actions as the
Secretary of Defense determines are necessary to ensure that
the individual cannot engage or re-engage in any terrorist
activity; and

[[Page S1635]]

(F) has agreed to share with the United States any
information that--
(i) is related to the individual or any associates of the
individual; and
(ii) could affect the security of the United States, its
citizens, or its allies; and
(2) includes an assessment, in classified or unclassified
form, of the capacity, willingness, and past practices (if
applicable) of the foreign country or entity in relation to
the Secretary's certifications.
(c)(1) Except as provided in paragraph (2) and subsection
(d), none of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer
any individual detained at Guantanamo to the custody or
control of the individual's country of origin, any other
foreign country, or any other foreign entity if there is a
confirmed case of any individual who was detained at United
States Naval Station, Guantanamo Bay, Cuba, at any time after
September 11, 2001, who was transferred to such foreign
country or entity and subsequently engaged in any terrorist
activity.
(2) Paragraph (1) shall not apply to any action taken by
the Secretary to transfer any individual detained at
Guantanamo to effectuate--
(A) an order affecting the disposition of the individual
that is issued by a court or competent tribunal of the United
States having lawful jurisdiction (which the Secretary shall
notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.
(d)(1) The Secretary of Defense may waive the applicability
to a detainee transfer of a certification requirement
specified in subparagraph (D) or (E) of subsection (b)(1) or
the prohibition in subsection (c), if the Secretary certifies
the rest of the criteria required by subsection (b) for
transfers prohibited by (c) and, with the concurrence of the
Secretary of State and in consultation with the Director of
National Intelligence, determines that--
(A) alternative actions will be taken to address the
underlying purpose of the requirement or requirements to be
waived;
(B) in the case of a waiver of subparagraph (D) or (E) of
subsection (b)(1), it is not possible to certify that the
risks addressed in the paragraph to be waived have been
completely eliminated, but the actions to be taken under
subparagraph (A) will substantially mitigate such risks with
regard to the individual to be transferred;
(C) in the case of a waiver of subsection (c), the
Secretary has considered any confirmed case in which an
individual who was transferred to the country subsequently
engaged in terrorist activity, and the actions to be taken
under subparagraph (A) will substantially mitigate the risk
of recidivism with regard to the individual to be
transferred; and
(D) the transfer is in the national security interests of
the United States.
(2) Whenever the Secretary makes a determination under
paragraph (1), the Secretary shall submit to the appropriate
committees of Congress, not later than 30 days before the
transfer of the individual concerned, the following:
(A) A copy of the determination and the waiver concerned.
(B) A statement of the basis for the determination,
including--
(i) an explanation why the transfer is in the national
security interests of the United States; and
(ii) in the case of a waiver of subparagraph (D) or (E) of
subsection (b)(1), an explanation why it is not possible to
certify that the risks addressed in the subparagraph to be
waived have been completely eliminated.
(C) A summary of the alternative actions to be taken to
address the underlying purpose of, and to mitigate the risks
addressed in, the subparagraph or subsection to be waived.
(D) The assessment required by subsection (b)(2).
(e) In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The term ``individual detained at Guantanamo'' means
any individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of the Department
of Defense; or
(ii) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
(3) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
Sec. 8113. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8114.  None of the funds made available by this Act
may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless the agency has considered suspension or debarment of
the corporation and made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 8115.  None of the funds made available by this Act
may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency
has considered suspension or debarment of the corporation and
made a determination that this further action is not
necessary to protect the interests of the Government.
Sec. 8116.  None of the funds made available by this Act
may be used in contravention of section 1590 or 1591 of title
18, United States Code, or in contravention of the
requirements of section 106(g) or (h) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7104(g) or (h)).
Sec. 8117.  None of the funds made available by this Act
for International Military education and training, foreign
military financing, excess defense article, assistance under
section 1206 of the National Defense Authorization Act for
Fiscal year 2006 (Public Law 109-163; 119 Stat. 3456)
issuance for direct commercial sales of military equipment,
or peacekeeping operations for the countries of Chad, Yemen,
Somalia, Sudan, the Democratic Republic of the Congo, and
Burma may be used to support any military training or
operation that include child soldiers, as defined by the
Child Soldiers Prevention Act of 2008, and except if such
assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008 (Public Law 110-457; 22
U.S.C. 2370c-1).
Sec. 8118.  None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8119.  None of the funds made available by this Act
may be used to retire, divest, realign, or transfer Air Force
aircraft, to disestablish or convert units associated with
such aircraft, or to disestablish or convert any other unit
of the Air National Guard or Air Force Reserve:  Provided,
That this section shall not apply to actions affecting C-5,
C-17, or E-8 aircraft, or the units associated with such
aircraft:  Provided further, That this section shall continue
in effect through the date of enactment of an Act authorizing
appropriations for fiscal year 2013 for military activities
of the Department of Defense.
Sec. 8120.  The Secretary of the Air Force shall obligate
and expend funds previously appropriated for the procurement
of RQ-4B Global Hawk and C-27J Spartan aircraft for the
purposes for which such funds were originally appropriated.
Sec. 8121.  It is the Sense of the Senate that the next
available capital warship of the U.S. Navy be named the USS
Ted Stevens to recognize the public service achievements,
military service sacrifice, and undaunted heroism and courage
of the long-serving United States Senator for Alaska.
Sec. 8122.  None of the funds made available by this Act
shall be used to retire C-23 Sherpa aircraft.
Sec. 8123.  The total amount available in the Act for pay
for civilian personnel of the Department of Defense for
fiscal year 2013 shall be the amount otherwise appropriated
or made available by this Act for such pay reduced by
$72,718,000.
Sec. 8124.  None of the funds made available by this Act
may be used to enter into a contract for UH-60 Leak Proof
Drip Pans using procedures other than competitive procedures
(as defined in section 2302(2) of title 10, United States
Code).
Sec. 8125.  None of the funds appropriated or otherwise
made available by this Act or any other Act may be used by
the Department of Defense or a component thereof in
contravention of section 1244 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
125 Stat. 1646; 22 U.S.C. 5952 note) or any provision of an
Act authorizing appropriations for the Department of Defense
for fiscal year 2013 relating to sharing classified ballistic
missile defense information with Russia.

[[Page S1636]]

Sec. 8126.  None of the Operation and Maintenance funds
made available in this Act may be used in contravention of
section 41106 of title 49, United States Code.
Sec. 8127.  None of the funds made available by this Act
may be used by the Department of Defense or any other Federal
agency to lease or purchase new light duty vehicles, for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum-Federal Fleet
Performance, dated May 24, 2011.
Sec. 8128.  None of the funds made available by this Act
may be used to enter into a contract with any person or other
entity listed in the Excluded Parties List System (EPLS)/
System for Award Management (SAM) as having been convicted of
fraud against the Federal Government.
Sec. 8129.  None of the funds made available by this Act
for the Department of Defense may be used to enter into a
contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan
guarantee to Rosoboronexport:  Provided, That the Secretary
of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate that it is in
the national security interest to do so.
Sec. 8130.  None of the funds made available by this Act
may be used by the Secretary of Defense to implement an
enrollment fee for the TRICARE for Life program under chapter
55 of title 10, United States Code, that does not exist as of
the date of the enactment of this Act.

TITLE IX

OVERSEAS CONTINGENCY OPERATIONS

MILITARY PERSONNEL

Military Personnel, Army

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

Military Personnel, Navy

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

Military Personnel, Marine Corps

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

Military Personnel, Air Force

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

Reserve Personnel, Army

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

Reserve Personnel, Navy

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

Reserve Personnel, Marine Corps

For an additional amount for ``Reserve Personnel, Marine
Corps'', $24,722,000:  Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.

Reserve Personnel, Air Force

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

National Guard Personnel, Army

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

National Guard Personnel, Air Force

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

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

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

Operation and Maintenance, Navy

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

Operation and Maintenance, Marine Corps

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

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance,
Air Force'', $9,249,736,000:  Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.

Operation and Maintenance, Defense-Wide

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

Operation and Maintenance, Army Reserve

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

Operation and Maintenance, Navy Reserve

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

Operation and Maintenance, Marine Corps Reserve

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

Operation and Maintenance, Air Force Reserve

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

[[Page S1637]]

the Balanced Budget and Emergency Deficit Control Act of
1985.

Operation and Maintenance, Army National Guard

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

Operation and Maintenance, Air National Guard

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

Overseas Contingency Operations Transfer Fund

(including transfer of funds)

In addition to amounts provided elsewhere in this Act,
there is appropriated $582,884,000 for the ``Overseas
Contingency Operations Transfer Fund'' for expenses directly
relating to overseas contingency operations by United States
military forces, to be available until expended:  Provided,
That of the funds made available in this section, the
Secretary of Defense may transfer these funds only to
military personnel accounts, operation and maintenance
accounts, procurement accounts, and working capital fund
accounts:  Provided further, That the funds made available in
this paragraph may only be used for programs, projects, or
activities categorized as Overseas Contingency Operations in
the fiscal year 2013 budget request for the Department of
Defense and the justification material and other
documentation supporting such request:  Provided further,
That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period,
as the appropriation to which transferred:  Provided further,
That the Secretary shall notify the congressional defense
committees 15 days prior to such transfer:  Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority available to the
Department of Defense:  Provided further, That upon a
determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation and shall be available for the same purposes
and for the same time period as originally appropriated:
Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

Afghanistan Infrastructure Fund

(including transfer of funds)

For the ``Afghanistan Infrastructure Fund'', $325,000,000,
to remain available until September 30, 2014:  Provided, That
such funds shall be available to the Secretary of Defense for
infrastructure projects in Afghanistan, notwithstanding any
other provision of law, which shall be undertaken by the
Secretary of State, unless the Secretary of State and the
Secretary of Defense jointly decide that a specific project
will be undertaken by the Department of Defense:  Provided
further, That the infrastructure referred to in the preceding
proviso is in support of the counterinsurgency strategy,
which may require funding for facility and infrastructure
projects, including, but not limited to, water, power, and
transportation projects and related maintenance and
sustainment costs:  Provided further, That the authority to
undertake such infrastructure projects is in addition to any
other authority to provide assistance to foreign nations:
Provided further, That any projects funded under this heading
shall be jointly formulated and concurred in by the Secretary
of State and Secretary of Defense:  Provided further, That
funds may be transferred to the Department of State for
purposes of undertaking projects, which funds shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act:  Provided
further, That the transfer authority in the preceding proviso
is in addition to any other authority available to the
Department of Defense to transfer funds:  Provided further,
That any unexpended funds transferred to the Secretary of
State under this authority shall be returned to the
Afghanistan Infrastructure Fund if the Secretary of State, in
coordination with the Secretary of Defense, determines that
the project cannot be implemented for any reason, or that the
project no longer supports the counterinsurgency strategy in
Afghanistan:  Provided further, That any funds returned to
the Secretary of Defense under the previous proviso shall be
available for use under this appropriation and shall be
treated in the same manner as funds not transferred to the
Secretary of State:  Provided further, That contributions of
funds for the purposes provided herein to the Secretary of
State in accordance with section 635(d) of the Foreign
Assistance Act from any person, foreign government, or
international organization may be credited to this Fund, to
remain available until expended, and used for such purposes:
Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to making transfers to or from, or
obligations from the Fund, notify the appropriate committees
of Congress in writing of the details of any such transfer:
Provided further, That the ``appropriate committees of
Congress'' are the Committees on Armed Services, Foreign
Relations and Appropriations of the Senate and the Committees
on Armed Services, Foreign Affairs and Appropriations of the
House of Representatives:  Provided further, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.

Afghanistan Security Forces Fund

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

PROCUREMENT

Aircraft Procurement, Army

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

Missile Procurement, Army

For an additional amount for ``Missile Procurement, Army'',
$67,951,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.

Procurement of Weapons and Tracked Combat Vehicles, Army

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

Procurement of Ammunition, Army

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

Other Procurement, Army

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

Aircraft Procurement, Navy

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

Weapons Procurement, Navy

For an additional amount for ``Weapons Procurement, Navy'',
$22,500,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/

[[Page S1638]]

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

Procurement of Ammunition, Navy and Marine Corps

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

Other Procurement, Navy

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

Procurement, Marine Corps

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

Aircraft Procurement, Air Force

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

Missile Procurement, Air Force

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

Procurement of Ammunition, Air Force

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

Other Procurement, Air Force

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

Procurement, Defense-Wide

For an additional amount for ``Procurement, Defense-Wide'',
$188,099,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.

National Guard and Reserve Equipment

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

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

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

Research, Development, Test and Evaluation, Navy

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

Research, Development, Test and Evaluation, Air Force

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

Research, Development, Test and Evaluation, Defense-Wide

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

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

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

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

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

Drug Interdiction and Counter-Drug Activities, Defense

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

Joint Improvised Explosive Device Defeat Fund

(including transfer of funds)

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

Office of the Inspector General

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

GENERAL PROVISIONS--THIS TITLE

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

(including transfer of funds)

Sec. 9002.  Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
of Management and Budget, transfer up to $3,500,000,000
between the appropriations or funds made available to the
Department of Defense in this title:  Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section:  Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in the Department of
Defense Appropriations Act, 2013.
Sec. 9003.  Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance, ``Afghanistan
Infrastructure Fund'', or the ``Afghanistan Security Forces
Fund'' provided in this Act and

[[Page S1639]]

executed in direct support of overseas contingency operations
in Afghanistan, may be obligated at the time a construction
contract is awarded:  Provided, That for the purpose of this
section, supervision and administration costs include all in-
house Government costs.
Sec. 9004.  From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the U.S.
Central Command area of responsibility: (a) passenger motor
vehicles up to a limit of $75,000 per vehicle; and (b) heavy
and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of
$250,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9005.  Not to exceed $200,000,000 of the amount
appropriated in this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program (CERP), for the purpose of enabling military
commanders in Afghanistan to respond to urgent, small-scale,
humanitarian relief and reconstruction requirements within
their areas of responsibility:  Provided, That each project
(including any ancillary or related elements in connection
with such project) executed under this authority shall not
exceed $20,000,000:  Provided further, That not later than 45
days after the end of each fiscal year quarter, the Secretary
of Defense shall submit to the congressional defense
committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were
made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein:  Provided further, That, not later than 30
days after the end of each month, the Army shall submit to
the congressional defense committees monthly commitment,
obligation, and expenditure data for the Commander's
Emergency Response Program in Afghanistan:  Provided further,
That not less than 15 days before making funds available
pursuant to the authority provided in this section or under
any other provision of law for the purposes described herein
for a project with a total anticipated cost for completion of
$5,000,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing
each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.
Sec. 9006.  Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military
and stability operations in Afghanistan:  Provided, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided
under this section.
Sec. 9007.  None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008.  None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9009.  None of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated
prior to the approval of a financial and activity plan by the
Afghanistan Resources Oversight Council (AROC) of the
Department of Defense:  Provided, That the AROC must approve
the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000
using ASFF:  Provided further, That the AROC must approve all
projects and the execution plan under the ``Afghanistan
Infrastructure Fund'' (AIF) and any project in excess of
$5,000,000 from the Commanders Emergency Response Program
(CERP):  Provided further, That the Department of Defense
must certify to the congressional defense committees that the
AROC has convened and approved a process for ensuring
compliance with the requirements in the preceding provisos
and accompanying report language for the ASFF, AIF, and CERP.
Sec. 9010.  Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000:  Provided, That, upon determination by
the Secretary of Defense that such action is necessary to
meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas,
such funds may be used to purchase items having an investment
item unit cost of not more than $500,000.
Sec. 9011.  Notwithstanding any other provision of law, up
to $93,000,000 of funds made available in this title under
the heading ``Operation and Maintenance, Army'' may be
obligated and expended for purposes of the Task Force for
Business and Stability Operations, subject to the direction
and control of the Secretary of Defense, with concurrence of
the Secretary of State, to carry out strategic business and
economic assistance activities in Afghanistan in support of
Operation Enduring Freedom:  Provided, That not less than 15
days before making funds available pursuant to the authority
provided in this section for any project with a total
anticipated cost of $5,000,000 or more, the Secretary shall
submit to the congressional defense committees a written
notice containing a detailed justification and timeline for
each proposed project.
Sec. 9012.  From funds made available to the Department of
Defense in this title under the heading ``Operation and
Maintenance, Air Force'' up to $508,000,000 may be used by
the Secretary of Defense, notwithstanding any other provision
of law, to support United States Government transition
activities in Iraq by funding the operations and activities
of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and
personal security, and facilities renovation and
construction:  Provided, That to the extent authorized under
the National Defense Authorization Act for Fiscal Year 2013,
the operations and activities that may be carried out by the
Office of Security Cooperation in Iraq may, with the
concurrence of the Secretary of State, include non-
operational training activities in support of Iraqi Ministry
of Defense and Counter Terrorism Service personnel in an
institutional environment to address capability gaps,
integrate processes relating to intelligence, air
sovereignty, combined arms, logistics and maintenance, and to
manage and integrate defense-related institutions:  Provided
further, That not later than 30 days following the enactment
of this Act, the Secretary of Defense and the Secretary of
State shall submit to the congressional defense committees a
plan for transitioning any such training activities that they
determine are needed after the end of fiscal year 2013, to
existing or new contracts for the sale of defense articles or
defense services consistent with the provisions of the Arms
Export Control Act (22 U.S.C. 2751 et seq.):  Provided
further, That not less than 15 days before making funds
available pursuant to the authority provided in this section,
the Secretary of Defense shall submit to the congressional
defense committees a written notification containing a
detailed justification and timeline for the operations and
activities of the Office of Security Cooperation in Iraq at
each site where such operations and activities will be
conducted during fiscal year 2013.

(rescissions)

Sec. 9013.  Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:  Provided, That such amounts are
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985:
``Retroactive Stop Loss Special Pay Program, 2009/XXXX'',
$127,200,000;
``Afghanistan Security Forces Fund, 2012/2013'',
$1,000,000,000;
``Other Procurement, Army, 2012/2014'', $207,600,000;
``Procurement of Ammunition, Navy and Marine Corps, 2012/
2014'', $32,176,000;
``Procurement, Marine Corps, 2012/2014'', $2,776,000;
``Mine Resistant Ambush Protected Vehicle Fund, 2012/
2013'', $400,000,000;
``Research, Development, Test and Evaluation, Air Force,
2012/2013'', $50,000,000;
``Joint Improvised Explosive Device Defeat Fund, 2012/
2014'', $40,300,000.
Sec. 9014. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ``Operation and
Maintenance, Defense-Wide'' for payments under section 1233
of Public Law 110-181 for reimbursement to the Government of
Pakistan

[[Page S1640]]

may be made available unless the Secretary of Defense, in
coordination with the Secretary of State, certifies to the
Committees on Appropriations that the Government of Pakistan
is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura
Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and
other domestic and foreign terrorist organizations, including
taking steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(6) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the
Secretary of State, may waive the restriction in paragraph
(a) on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives
and the Senate that it is in the national security interest
to do so:  Provided, That if the Secretary of Defense, in
coordination with the Secretary of State, exercises the
authority of the previous proviso, the Secretaries shall
report to the Committees on Appropriations on both the
justification for the waiver and on the requirements of this
section that the Government of Pakistan was not able to meet:
Provided further, That such report may be submitted in
classified form if necessary.
This division may be cited as the ``Department of Defense
Appropriations Act, 2013''.

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

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

TITLE I

DEPARTMENTAL MANAGEMENT AND OPERATIONS

Departmental Operations

Office of the Secretary and Executive Management

For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the
Homeland Security Act of 2002 (6 U.S.C. 112), and executive
management of the Department of Homeland Security, as
authorized by law, $130,000,000:  Provided, That not to
exceed $45,000 shall be for official reception and
representation expenses:  Provided further, That all official
costs associated with the use of government aircraft by
Department of Homeland Security personnel to support official
travel of the Secretary and the Deputy Secretary shall be
paid from amounts made available for the Immediate Office of
the Secretary and the Immediate Office of the Deputy
Secretary:  Provided further, That the Secretary shall submit
to the Committees on Appropriations of the Senate and the
House of Representatives, not later than 90 days after the
date of enactment of this Act, expenditure plans for the
Office of Policy, the Office for Intergovernmental Affairs,
the Office for Civil Rights and Civil Liberties, the
Citizenship and Immigration Services Ombudsman, and the
Privacy Officer.

Office of the Under Secretary for Management

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

Office of the Chief Financial Officer

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

Office of the Chief Information Officer

For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $243,732,000; of which
$118,000,000 shall be available for salaries and expenses;
and of which $125,732,000, to remain available until
September 30, 2015, shall be available for development and
acquisition of information technology equipment, software,
services, and related activities for the Department of
Homeland Security:  Provided, That the Department of Homeland
Security Chief Information Officer shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is
submitted each year under section 1105(a) of title 31, United
States Code, a multi-year investment and management plan, to
include each of fiscal years 2013 through 2016, for all
information technology acquisition projects funded under this
heading or funded by multiple components of the Department of
Homeland Security through reimbursable agreements, that
includes--
(1) the proposed appropriations included for each project
and activity tied to mission requirements, program management
capabilities, performance levels, and specific capabilities
and services to be delivered;
(2) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations,
and new capabilities that are proposed in such budget or
underway;
(3) a detailed accounting of operations and maintenance and
contractor services costs; and
(4) a current acquisition program baseline for each
project, that--
(A) notes and explains any deviations in cost, performance
parameters, schedule, or estimated date of completion from
the original acquisition program baseline;
(B) aligns the acquisition programs covered by the baseline
to mission requirements by defining existing capabilities,
identifying known capability gaps between such existing
capabilities and stated mission requirements, and explaining
how each increment will address such known capability gaps;
and
(C) defines life-cycle costs for such programs.

Analysis and Operations

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

Office of Inspector General

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

TITLE II

SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection

salaries and expenses

For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural
inspections and regulatory activities related to plant and
animal imports, and transportation of unaccompanied minor
aliens; purchase and lease of up to 7,500 (6,500 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,293,351,000; of
which $3,274,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
not to exceed $34,425 shall be for official reception and
representation expenses; of which such sums as become
available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)),
shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in
connection with preclearance operations; and of which not to
exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate
of the Secretary of Homeland Security:  Provided, That for
fiscal year 2013, the overtime limitation prescribed in
section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000; and notwithstanding any other
provision of law, none of the funds appropriated by this Act
shall be available to compensate any employee of U.S. Customs

[[Page S1641]]

and Border Protection for overtime, from whatever source, in
an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or
the designee of the Secretary, to be necessary for national
security purposes, to prevent excessive costs, or in cases of
immigration emergencies:  Provided further, That the Border
Patrol shall maintain an active duty presence of not less
than 21,370 full-time equivalent agents protecting the
borders of the United States in the fiscal year.

automation modernization

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

border security fencing, infrastructure, and technology

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

air and marine operations

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

construction and facilities management

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

U.S. Immigration and Customs Enforcement

salaries and expenses

For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations,
including overseas vetted units operations; and purchase and
lease of up to 3,790 (2,350 for replacement only) police-type
vehicles; $5,394,402,000; of which not to exceed $10,000,000
shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act
of 1986 (19 U.S.C. 2081); of which not to exceed $11,475
shall be for official reception and representation expenses;
of which not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security; of
which not less than $305,000 shall be for promotion of public
awareness of the child pornography tipline and activities to
counter child exploitation; of which not less than $5,400,000
shall be used to facilitate agreements consistent with
section 287(g) of the Immigration and Nationality Act (8
U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall
be available to fund or reimburse other Federal agencies for
the costs associated with the care, maintenance, and
repatriation of smuggled aliens unlawfully present in the
United States:  Provided, That none of the funds made
available under this heading shall be available to compensate
any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or
the designee of the Secretary, may waive that amount as
necessary for national security purposes and in cases of
immigration emergencies:  Provided further, That of the total
amount provided, $15,770,000 shall be for activities to
enforce laws against forced child labor, of which not to
exceed $6,000,000 shall remain available until expended:
Provided further, That of the total amount available, not
less than $1,600,000,000 shall be available to identify
aliens convicted of a crime who may be deportable, and to
remove them from the United States once they are judged
deportable, of which $138,249,000 shall be for completion of
Secure Communities deployment:  Provided further, That the
Assistant Secretary of Homeland Security for U.S. Immigration
and Customs Enforcement shall report to the Committees on
Appropriations of the Senate and the House of
Representatives, not later than 45 days after the end of each
quarter of the fiscal year, on progress in implementing the
preceding proviso and the funds obligated during that quarter
to make such progress:  Provided further, That the Secretary
of Homeland Security shall prioritize the identification and
removal of aliens convicted of a crime by the severity of
that crime:  Provided further, That funding made available
under this heading shall maintain a level of not less than
34,000 detention beds through September 30, 2013:  Provided
further, That of the total amount provided, not less than
$2,753,610,000 is for detention and removal operations,
including transportation of unaccompanied minor aliens:
Provided further, That of the total amount provided,
$10,300,000 shall remain available until September 30, 2014,
for the Visa Security Program:  Provided further, That not
less than $10,000,000 shall be available for investigation of
intellectual property rights violations, including operation
of the National Intellectual Property Rights Coordination
Center:  Provided further, That none of the funds provided
under this heading may be used to continue a delegation of
law enforcement authority authorized under section 287(g) of
the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been violated:  Provided further, That none of
the funds provided under this heading may be used to continue
any contract for the provision of detention services if the
two most recent overall performance evaluations received by
the contracted facility are less than ``adequate'' or the
equivalent median score in any subsequent performance
evaluation system:  Provided further, That nothing under this
heading shall prevent U.S. Immigration and Customs
Enforcement from exercising those authorities provided under
immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)))
during priority operations pertaining to aliens convicted of
a crime.

automation modernization

(including transfer of funds)

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

construction

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

Transportation Security Administration

aviation security

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

[[Page S1642]]

at not more than $2,982,620,000:  Provided further, That any
security service fees collected in excess of the amount made
available under this heading shall become available during
fiscal year 2014:  Provided further, That notwithstanding
section 44923 of title 49, United States Code, for fiscal
year 2013, any funds in the Aviation Security Capital Fund
established by section 44923(h) of title 49, United States
Code, may be used for the procurement and installation of
explosives detection systems or for the issuance of other
transaction agreements for the purpose of funding projects
described in section 44923(a) of such title:  Provided
further, That none of the funds made available in this Act
may be used for any recruiting or hiring of personnel into
the Transportation Security Administration that would cause
the agency to exceed a staffing level of 46,000 full-time
equivalent screeners:  Provided further, That the preceding
proviso shall not apply to personnel hired as part-time
employees:  Provided further, That not later than 90 days
after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a detailed report on--
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective
security of passengers and baggage at the lowest possible
operating and acquisition costs;
(2) how the Transportation Security Administration is
deploying its existing passenger and baggage screener
workforce in the most cost effective manner; and
(3) labor savings from the deployment of improved
technologies for passenger and baggage screening and how
those savings are being used to offset security costs or
reinvested to address security vulnerabilities:

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

surface transportation security

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

transportation threat assessment and credentialing

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

transportation security support

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

federal air marshals

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

Coast Guard

operating expenses

For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase or
lease of not to exceed 25 passenger motor vehicles, which
shall be for replacement only; purchase or lease of small
boats for contingent and emergent requirements (at a unit
cost of no more than $700,000) and repairs and service-life
replacements, not to exceed a total of $31,000,000; purchase
or lease of boats necessary for overseas deployments and
activities; minor shore construction projects not exceeding
$1,000,000 in total cost on any location; payments pursuant
to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96
Stat. 1920); and recreation and welfare; $7,074,782,000; of
which $594,000,000 shall be for defense-related activities,
of which $254,000,000 is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985; of which
$24,500,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of
which not to exceed $15,300 shall be for official reception
and representation expenses:  Provided, That none of the
funds made available by this Act shall be for expenses
incurred for recreational vessels under section 12114 of
title 46, United States Code, except to the extent fees are
collected from owners of yachts and credited to this
appropriation:  Provided further, That of the funds provided
under this heading, $75,000,000 shall be withheld from
obligation for Coast Guard Headquarters Directorates until a
revised future-years capital investment plan for fiscal years
2014 through 2018, as specified under the heading Coast Guard
``Acquisition, Construction, and Improvements'' of this Act
is submitted to the Committees on Appropriations of the
Senate and the House of Representatives:  Provided further,
That funds made available under this heading for Overseas
Contingency Operations/Global War on Terrorism may be
allocated by program, project, and activity, notwithstanding
section 503 of this Act.

environmental compliance and restoration

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

reserve training

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

acquisition, construction, and improvements

For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto; and maintenance, rehabilitation, lease and
operation of facilities and equipment; as authorized by law;
$1,545,393,000; of which $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $10,000,000 shall remain
available until September 30, 2017, for military family
housing, of which not more than $6,828,691 shall be derived
from the Coast Guard Housing Fund established pursuant to 14
U.S.C. 687; of which $1,082,800,000 shall be available until
September 30, 2017, to acquire, effect major repairs to,
renovate, or improve vessels, small boats, and related
equipment; of which $190,500,000 shall be available until
September 30, 2017, to acquire, effect major repairs to,
renovate, or improve aircraft or increase aviation
capability; of which $64,000,000 shall be available until
September 30, 2017, for other acquisition programs; of which
$84,411,000 shall be available until September 30, 2017, for
shore facilities and aids to navigation, including waterfront
facilities at Navy installations used by the Coast Guard; of
which $113,682,000 shall be available for personnel
compensation and benefits and related costs:  Provided, That
the funds provided by this Act shall be immediately available
and allotted to contract for the production of the sixth
National Security Cutter notwithstanding the availability of
funds for post-production costs:  Provided further, That the
funds provided by this Act shall be immediately available and
allotted to contract for long lead time materials,
components, and designs for the seventh National Security
Cutter notwithstanding the availability of funds for
production costs or post-production costs:  Provided further,
That the Commandant of the Coast Guard shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is
submitted each year under section 1105(a) of title 31, United
States Code, a future-years capital investment plan for the
Coast Guard that identifies for each requested capital
asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until acquisition program baseline or
project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) includes the total acquisition cost of each asset,
subdivided by fiscal year and including a detailed
description of the purpose

[[Page S1643]]

of the proposed funding levels for each fiscal year,
including for each fiscal year funds requested for design,
pre-acquisition activities, production, structural
modifications, missionization, post-delivery, and transition
to operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal year; and
(ii) major acquisition and project events, including
development of operational requirements, contracting actions,
design reviews, production, delivery, test and evaluation,
and transition to operations, including necessary training,
shore infrastructure, and logistics;
(C) notes and explains any deviations in cost, performance
parameters, schedule, or estimated date of completion from
the original acquisition program baseline and the most recent
baseline approved by the Department of Homeland Security's
Acquisition Review Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of comparable
legacy assets, identifying known capability gaps between such
existing capabilities and stated mission requirements, and
explaining how the acquisition of each asset will address
such known capability gaps;
(E) defines life-cycle costs for each asset and the date of
the estimate on which such costs are based, including all
associated costs of major acquisitions systems infrastructure
and transition to operations, delineated by purpose and
fiscal year for the projected service life of the asset;
(F) includes the earned value management system summary
schedule performance index and cost performance index for
each asset, if applicable; and
(G) includes a phase-out and decommissioning schedule
delineated by fiscal year for each existing legacy asset that
each asset is intended to replace or recapitalize:

Provided further, That the Commandant of the Coast Guard
shall ensure that amounts specified in the future-years
capital investment plan are consistent, to the maximum extent
practicable, with proposed appropriations necessary to
support the programs, projects, and activities of the Coast
Guard in the President's budget as submitted under section
1105(a) of title 31, United States Code, for that fiscal
year:  Provided further, That any inconsistencies between the
capital investment plan and proposed appropriations shall be
identified and justified:  Provided further, That subsections
(a) and (b) of section 6402 of Public Law 110-28 shall apply
with respect to the amounts made available under this
heading.

research, development, test, and evaluation

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

retired pay

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

United States Secret Service

salaries and expenses

For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-
type use for replacement only; hire of passenger motor
vehicles; purchase of motorcycles made in the United States;
hire of aircraft; services of expert witnesses at such rates
as may be determined by the Director of the Secret Service;
rental of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may
be necessary to perform protective functions; payment of per
diem or subsistence allowances to employees in cases in which
a protective assignment on the actual day or days of the
visit of a protectee requires an employee to work 16 hours
per day or to remain overnight at a post of duty; conduct of
and participation in firearms matches; presentation of
awards; travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if approval is obtained
in advance from the Committees on Appropriations of the
Senate and the House of Representatives; research and
development; grants to conduct behavioral research in support
of protective research and operations; and payment in advance
for commercial accommodations as may be necessary to perform
protective functions; $1,555,913,000; of which not to exceed
$19,125 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide
technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of
investigations of missing and exploited children; of which
$6,000,000 shall be for a grant for activities related to
investigations of missing and exploited children and shall
remain available until September 30, 2014; and of which
$4,000,000 shall be for a grant for activities related to
training in electronic crimes investigations and forensics:
Provided, That up to $18,000,000 for protective travel shall
remain available until September 30, 2014:  Provided further,
That $4,500,000 for National Special Security Events shall
remain available until September 30, 2014:  Provided further,
That the United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from Federal
agencies and entities, as defined in section 105 of title 5,
United States Code, for personnel receiving training
sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not
exceed total budgetary resources available under this heading
at the end of the fiscal year:  Provided further, That none
of the funds made available under this heading shall be
available to compensate any employee for overtime in an
annual amount in excess of $35,000, except that the Secretary
of Homeland Security, or the designee of the Secretary, may
waive that amount as necessary for national security
purposes:  Provided further, That none of the funds made
available to the United States Secret Service by this Act or
by previous appropriations Acts may be made available for the
protection of the head of a Federal agency other than the
Secretary of Homeland Security:  Provided further, That the
Director of the United States Secret Service may enter into
an agreement to provide such protection on a fully
reimbursable basis:  Provided further, That none of the funds
made available to the United States Secret Service by this
Act or by previous appropriations Acts may be obligated for
the purpose of opening a new permanent domestic or overseas
office or location unless the Committees on Appropriations of
the Senate and the House of Representatives are notified 15
days in advance of such obligation:  Provided further, That
for purposes of section 503(b) of this Act, $15,000,000 or 10
percent, whichever is less, may be transferred between
``Protection of persons and facilities'' and ``Domestic field
operations''.

acquisition, construction, improvements, and related expenses

For necessary expenses for acquisition, construction,
repair, alteration, and improvement of physical and
technological infrastructure, $56,750,000; of which
$4,430,000, to remain available until September 30, 2017,
shall be for acquisition, construction, improvement, and
maintenance of facilities; and of which $52,320,000, to
remain available until September 30, 2015, shall be for
information integration and technology transformation
execution:  Provided, That the Director of the United States
Secret Service shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
at the time that the President's budget proposal for fiscal
year 2014 is submitted pursuant to the requirements of
section 1105(a) of title 31, United States Code, a multi-year
investment and management plan for its Information
Integration and Technology Transformation program that
describes funding for the current fiscal year and the
following 3 fiscal years, with associated plans for systems
acquisition and technology deployment.

TITLE III

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

National Protection and Programs Directorate

management and administration

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

infrastructure protection and information security

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

[[Page S1644]]

federal protective service

The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service:  Provided, That the Secretary of Homeland
Security and the Director of the Office of Management and
Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives
not later than May 1, 2013, that the operations of the
Federal Protective Service will be fully funded in fiscal
year 2013 through revenues and collection of security fees,
and shall adjust the fees to ensure fee collections are
sufficient to ensure that the Federal Protective Service
maintains not fewer than 1,371 full-time equivalent staff and
1,007 full-time equivalent Police Officers, Inspectors, Area
Commanders, and Special Agents who, while working, are
directly engaged on a daily basis protecting and enforcing
laws at Federal buildings (referred to as ``in-service field
staff''):  Provided further, That the Director of the Federal
Protective Service shall include with the submission of the
President's fiscal year 2014 budget a strategic human capital
plan that aligns fee collections to personnel requirements
based on a current threat assessment.

office of biometric identity management

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

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

Office of Health Affairs

For necessary expenses of the Office of Health Affairs,
$132,499,000; of which $26,702,000 is for salaries and
expenses; and of which $85,390,000 is for BioWatch
operations:  Provided, That of the amount made available
under this heading, $20,407,000 shall remain available until
September 30, 2014, for biosurveillance, chemical defense,
medical and health planning and coordination, and workforce
health protection:  Provided further, That not to exceed
$2,250 shall be for official reception and representation
expenses.

Federal Emergency Management Agency

salaries and expenses

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

state and local programs

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

[[Page S1645]]

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

Provided, That for grants under paragraphs (1) through (5),
applications for grants shall be made available to eligible
applicants not later than 60 days after the date of enactment
of this Act, that eligible applicants shall submit
applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt
of an application:  Provided further, That notwithstanding
section 2008(a)(11) of the Homeland Security Act of 2002 (6
U.S.C. 609(a)(11)), or any other provision of law, a grantee
may not use more than 5 percent of the amount of a grant made
available under this heading for expenses directly related to
administration of the grant:  Provided further, That for
grants under paragraphs (1) and (2), the installation of
communications towers is not considered construction of a
building or other physical facility:  Provided further, That
grantees shall provide reports on their use of funds, as
determined necessary by the Secretary of Homeland Security:
Provided further, That in fiscal year 2013 and thereafter:
(a) the Center for Domestic Preparedness may provide training
to emergency response providers from the Federal Government,
foreign governments, or private entities, if the Center for
Domestic Preparedness is reimbursed for the cost of such
training, and any reimbursement under this subsection shall
be credited to the account from which the expenditure being
reimbursed was made and shall be available, without fiscal
year limitation, for the purposes for which amounts in the
account may be expended; (b) the head of the Center for
Domestic Preparedness shall ensure that any training provided
under (a) does not interfere with the primary mission of the
Center to train State and local emergency response providers;
and (c) subject to (b), nothing in (a) prohibits the Center
for Domestic Preparedness from providing training to
employees of the Federal Emergency Management Agency in
existing chemical, biological, radiological, nuclear,
explosives, mass casualty, and medical surge courses pursuant
to 5 U.S.C. 4103 without reimbursement for the cost of such
training.

firefighter assistance grants

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

emergency management performance grants

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

radiological emergency preparedness program

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

united states fire administration

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

disaster relief fund

(including transfer of funds)

For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $7,007,926,000, to remain available
until expended, of which $24,000,000 shall be transferred to
the Department of Homeland Security Office of Inspector
General for audits and investigations related to disasters:
Provided, That the Administrator of the Federal Emergency
Management Agency shall submit an expenditure plan to the
Committees on Appropriations of the Senate and the House of
Representatives detailing the use of the funds made available
in this or any other Act for disaster readiness and support
not later than 60 days after the date of enactment of this
Act:  Provided further, That the Administrator of the Federal
Emergency Management Agency shall submit to such Committees a
quarterly report detailing obligations against the
expenditure plan and a justification for any changes from the
initial plan:  Provided further, That the Administrator of
the Federal Emergency Management Agency shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives the following reports, including a specific
description of the methodology and the source data used in
developing such reports:
(1) an estimate of the following amounts shall be submitted
for the budget year at the time that the President's budget
is submitted each year under section 1105(a) of title 31,
United States Code:
(A) the unobligated balance of funds to be carried over
from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried over
from the budget year to the budget year plus 1;
(C) the amount of obligations for non-catastrophic events
for the budget year;
(D) the amount of obligations for the budget year for
catastrophic events delineated by event and by State;
(E) the total amount that has been previously obligated or
will be required for catastrophic events delineated by event
and by State for all prior years, the current year, the
budget year, the budget year plus 1, the budget year plus 2,
and the budget year plus 3 and beyond;
(F) the amount of previously obligated funds that will be
recovered for the budget year;
(G) the amount that will be required for obligations for
emergencies, as described in section 102(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(1)), major disasters, as described in section
102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)), fire management
assistance grants, as described in section 420 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5187), surge activities, and disaster readiness and
support activities;
(H) the amount required for activities not covered under
section 251(b)(2)(D)(iii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii); Public Law 99-177);
(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month:
(A) a summary of the amount of appropriations made
available by source, the transfers executed, the previously
allocated funds recovered, and the commitments, allocations,
and obligations made;
(B) a table of disaster relief activity delineated by
month, including--
(i) the beginning and ending balances;
(ii) the total obligations to include amounts obligated for
fire assistance, emergencies, surge, and disaster support
activities;
(iii) the obligations for catastrophic events delineated by
event and by State; and
(iv) the amount of previously obligated funds that are
recovered;
(C) a summary of allocations, obligations, and expenditures
for catastrophic events delineated by event; and
(D) the date on which funds appropriated will be exhausted:

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

flood hazard mapping and risk analysis program

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

national flood insurance fund

For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.),

[[Page S1646]]

the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et
seq.), and the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 917), $171,000,000, which
shall be derived from offsetting amounts collected under
section 1308(d) of the National Flood Insurance Act of 1968
(42 U.S.C. 4015(d)); of which not to exceed $22,000,000 shall
be available for salaries and expenses associated with flood
mitigation and flood insurance operations; and not less than
$149,000,000 shall be available for flood plain management
and flood mapping, to remain available until September 30,
2014:  Provided, That any additional fees collected pursuant
to section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting
collection to this account, to be available for flood plain
management and flood mapping:  Provided further, That in
fiscal year 2013, no funds shall be available from the
National Flood Insurance Fund under section 1310 of that Act
(42 U.S.C. 4017) in excess of:
(1) $132,000,000 for operating expenses;
(2) $1,056,602,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $120,000,000, which shall remain available until
expended, for flood mitigation actions under section 1366 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104c):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(e) of the National Flood Insurance
Act of 1968 shall be deposited in the National Flood
Insurance Fund to supplement other amounts specified as
available for section 1366 of the National Flood Insurance
Act of 1968, notwithstanding subsection (f)(8) of such
section 102 (42 U.S.C. 4012a(f)(8)) and subsection 1366(e)
and paragraphs (2) and (3) of section 1367(b) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c(e), 4104d(b)(2)-
(3)):  Provided further, That total administrative costs
shall not exceed 4 percent of the total appropriation.

national predisaster mitigation fund

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

emergency food and shelter

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

TITLE IV

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

United States Citizenship and Immigration Services

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

Federal Law Enforcement Training Center

salaries and expenses

For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; the purchase of not
to exceed 117 vehicles for police-type use and hire of
passenger motor vehicles; expenses for student athletic and
related activities; the conduct of and participation in
firearms matches and presentation of awards; public awareness
and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $228,467,000; of
which up to $44,758,000 shall remain available until
September 30, 2014, for materials and support costs of
Federal law enforcement basic training; of which $300,000
shall remain available until expended to be distributed to
Federal law enforcement agencies for expenses incurred
participating in training accreditation; and of which not to
exceed $9,180 shall be for official reception and
representation expenses:  Provided, That the Center is
authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by
the Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year:  Provided further,
That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note), as amended by Public Law 112-74, is further amended by
striking ``December 31, 2014'' and inserting ``December 31,
2015'':  Provided further, That the Director of the Federal
Law Enforcement Training Center shall schedule basic or
advanced law enforcement training, or both, at all four
training facilities under the control of the Federal Law
Enforcement Training Center to ensure that such training
facilities are operated at the highest capacity throughout
the fiscal year:  Provided further, That the Federal Law
Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community
and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement
training accreditation process to continue the implementation
of measuring and assessing the quality and effectiveness of
Federal law enforcement training programs, facilities, and
instructors.

acquisitions, construction, improvements, and related expenses

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

Science and Technology

management and administration

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

research, development, acquisition, and operations

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

Domestic Nuclear Detection Office

management and administration

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

research, development, and operations

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

systems acquisition

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

TITLE V

GENERAL PROVISIONS

Sec. 501.  No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502.  Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.

[[Page S1647]]

Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2013, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that:
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the
Congress;
(4) proposes to use funds directed for a specific activity
by either of the Committees on Appropriations of the Senate
or the House of Representatives for a different purpose; or
(5) contracts out any function or activity for which
funding levels were requested for Federal full-time
equivalents in the object classification tables contained in
the fiscal year 2013 Budget Appendix for the Department of
Homeland Security, as modified by the joint explanatory
statement accompanying this Act, unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of
funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2013, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or proceeds
available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in
excess of $5,000,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity;
(3) reduces by 10 percent the numbers of personnel approved
by the Congress; or
(4) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless
the Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by such transfers:  Provided, That any
transfer under this section shall be treated as a
reprogramming of funds under subsection (b) and shall not be
available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after June 30, except in extraordinary
circumstances that imminently threaten the safety of human
life or the protection of property.
(e) The notification thresholds and procedures set forth in
this section shall apply to any use of deobligated balances
of funds provided in previous Department of Homeland Security
Appropriations Acts.
Sec. 504.  The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of Public
Law 103-356 (31 U.S.C. 501 note), shall continue operations
as a permanent working capital fund for fiscal year 2013:
Provided, That none of the funds appropriated or otherwise
made available to the Department of Homeland Security may be
used to make payments to the Working Capital Fund, except for
the activities and amounts allowed in the President's fiscal
year 2013 budget:  Provided further, That funds provided to
the Working Capital Fund shall be available for obligation
until expended to carry out the purposes of the Working
Capital Fund:  Provided further, That all departmental
components shall be charged only for direct usage of each
Working Capital Fund service:  Provided further, That funds
provided to the Working Capital Fund shall be used only for
purposes consistent with the contributing component:
Provided further, That the Working Capital Fund shall be paid
in advance or reimbursed at rates which will return the full
cost of each service:  Provided further, That the Working
Capital Fund shall be subject to the requirements of section
503 of this Act.
Sec. 505.  Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2013 from
appropriations for salaries and expenses for fiscal year 2013
in this Act shall remain available through September 30,
2014, in the account and for the purposes for which the
appropriations were provided:  Provided, That prior to the
obligation of such funds, a request shall be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives for approval in accordance with section 503
of this Act.
Sec. 506.  Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2013 until the enactment of an Act authorizing
intelligence activities for fiscal year 2013.
Sec. 507. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used
to--
(1) make or award a grant allocation, grant, contract,
other transaction agreement, task or delivery order on a
Department of Homeland Security multiple award contract, or
to issue a letter of intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multi-
year Department of Homeland Security funds or a task or
delivery order that would cause cumulative obligations of
multi-year funds in a single account to exceed 50 percent of
the total amount appropriated;
(3) make a sole-source grant award; or
(4) announce publicly the intention to make or award items
under paragraph (1), (2), or (3) including a contract covered
by the Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the
prohibition under subsection (a) if the Secretary notifies
the Committees on Appropriations of the Senate and the House
of Representatives at least 3 full business days in advance
of making an award or issuing a letter as described in that
subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees
on Appropriations of the Senate and the House of
Representatives not later than 5 full business days after
such an award is made or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; type of
contract; and the account and each program, project, and
activity from which the funds are being drawn.
(e) The Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days
in advance of announcing publicly the intention of making an
award under ``State and Local Programs''.
Sec. 508.  Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Center
facilities.
Sec. 509.  None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. (a) Sections 520, 522, and 530 of the Department
of Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same
manner as such sections applied to funds made available in
that Act.
(b) The third proviso of section 537 of the Department of
Homeland Security Appropriations Act, 2006 (6 U.S.C. 114),
shall not apply with respect to funds made available in this
Act.
Sec. 511.  None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act. For purposes of the preceding sentence, the
term ``Buy American Act'' means chapter 83 of title 41,
United States Code.
Sec. 512.  None of the funds made available in this Act may
be used by any person other than the Privacy Officer
appointed under subsection (a) of section 222 of the Homeland
Security Act of 2002 (6 U.S.C. 142(a)) to alter, direct that
changes be made to, delay, or prohibit the transmission to
Congress of any report prepared under paragraph (6) of such
subsection.
Sec. 513.  None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514.  Within 45 days after the end of each month, the
Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a monthly budget
and staffing report for that month that includes total
obligations, on-board versus funded full-time equivalent
staffing levels, and the number of contract employees for
each office of the Department.
Sec. 515.  Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'', and ``Transportation Security Support''
for fiscal years

[[Page S1648]]

2004 and 2005 that are recovered or deobligated shall be
available only for the procurement or installation of
explosives detection systems, air cargo, baggage, and
checkpoint screening systems, subject to notification:
Provided, That quarterly reports shall be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives on any funds that are recovered or
deobligated.
Sec. 516.  None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided as
of June 1, 2004, by employees (including employees serving on
a temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security
who are known as of that date as Immigration Information
Officers, Contact Representatives, or Investigative
Assistants.
Sec. 517.  Any funds appropriated to Coast Guard
``Acquisition, Construction, and Improvements'' for fiscal
years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot
patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation,
or litigation, shall be available until expended for the Fast
Response Cutter program.
Sec. 518.  Section 532(a) of Public Law 109-295 (120 Stat.
1384) is amended by striking ``2012'' and inserting ``2013''.
Sec. 519.  The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 520. (a) Except as provided in subsection (b), none of
the funds appropriated in this or any other Act to the
``Office of the Secretary and Executive Management'', the
``Office of the Under Secretary for Management'', or the
``Office of the Chief Financial Officer'', may be obligated
for a grant or contract funded under such headings by any
means other than full and open competition.
(b) Subsection (a) does not apply to obligation of funds
for a contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, including the AbilityOne Program, that
is authorized under chapter 85 of title 41, United States
Code;
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 3101 (b) of title 41,
United States Code; or
(4) by another Federal agency using funds provided through
an interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland
Security may waive the application of this section for the
award of a contract in the interest of national security or
if failure to do so would pose a substantial risk to human
health or welfare.
(2) Not later than 5 days after the date on which the
Secretary of Homeland Security issues a waiver under this
subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and
the House of Representatives, including a description of the
applicable contract to which the waiver applies and an
explanation of why the waiver authority was used:  Provided,
That the Secretary may not delegate the authority to grant
such a waiver.
(d) In addition to the requirements established by
subsections (a), (b), and (c) of this section, the Inspector
General of the Department of Homeland Security shall review
departmental contracts awarded through means other than a
full and open competition to assess departmental compliance
with applicable laws and regulations:  Provided, That the
Inspector General shall review selected contracts awarded in
the previous 3 fiscal years through means other than a full
and open competition:  Provided further, That in selecting
which contracts to review, the Inspector General shall
consider the cost and complexity of the goods and services to
be provided under the contract, the criticality of the
contract to fulfilling Department missions, past performance
problems on similar contracts or by the selected vendor,
complaints received about the award process or contractor
performance, and such other factors as the Inspector General
deems relevant:  Provided further, That the Inspector General
shall report the results of the reviews to the Committees on
Appropriations of the Senate and the House of Representatives
no later than February 4, 2015, and every 3 years thereafter.
Sec. 521.  None of the funds provided by this or previous
appropriations Acts shall be used to fund any position
designated as a Principal Federal Official (or the successor
thereto) for any Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared
disasters or emergencies unless--
(1) the responsibilities of the Principal Federal Official
do not include operational functions related to incident
management, including coordination of operations, and are
consistent with the requirements of section 509(c) and
sections 503(c)(3) and 503(c)(4)(A) of the Homeland Security
Act of 2002 (6 U.S.C. 319(c) and 313(c)(3) and 313(c)(4)(A))
and section 302 of the Robert T. Stafford Disaster Relief and
Assistance Act (42 U.S.C. 5143);
(2) not later than 10 business days after the latter of the
date on which the Secretary of Homeland Security appoints the
Principal Federal Official and the date on which the
President issues a declaration under section 401 or section
501 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 and 5191, respectively), the
Secretary of Homeland Security shall submit a notification of
the appointment of the Principal Federal Official and a
description of the responsibilities of such Official and how
such responsibilities are consistent with paragraph (1) to
the Committees on Appropriations of the Senate and the House
of Representatives, the Transportation and Infrastructure
Committee of the House of Representatives, and the Homeland
Security and Governmental Affairs Committee of the Senate;
and
(3) not later than 60 days after the date of enactment of
this Act, the Secretary shall provide a report specifying
timeframes and milestones regarding the update of operations,
planning and policy documents, and training and exercise
protocols, to ensure consistency with paragraph (1) of this
section.
Sec. 522.  None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452).
Sec. 523.  Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date
of enactment of this Act.
Sec. 524.  None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of
background checks required by law to be completed prior to
the granting of the benefit have been received by United
States Citizenship and Immigration Services, and the results
do not preclude the granting of the benefit.
Sec. 525.  Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2012,'' and inserting ``Until September 30, 2013,'';
(2) in subsection (c)(1), by striking ``September 30,
2012,'' and inserting ``September 30, 2013,''.
Sec. 526.  The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in
terms of cost, schedule, and performance).
Sec. 527.  Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used
to approve a waiver of the navigation and vessel-inspection
laws pursuant to 46 U.S.C. 501(b) for the transportation of
crude oil distributed from the Strategic Petroleum Reserve
until the Secretary of Homeland Security, after consultation
with the Secretaries of the Departments of Energy and
Transportation and representatives from the United States
flag maritime industry, takes adequate measures to ensure the
use of United States flag vessels:  Provided, That the
Secretary shall notify the Committees on Appropriations of
the Senate and the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House
of Representatives within 2 business days of any request for
waivers of navigation and vessel-inspection laws pursuant to
46 U.S.C. 501(b).
Sec. 528.  None of the funds made available to the Office
of the Secretary and Executive Management under this Act may
be expended for any new hires by the Department of Homeland
Security that are not verified through the E-Verify Program
as described in section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note).
Sec. 529.  None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its government-employed or contract staff
levels.
Sec. 530.  None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act:  Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply:  Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 531.  None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.

[[Page S1649]]

Sec. 532.  The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House
of Representatives of any proposed transfers of funds
available under section 9703.1(g)(4)(B) of title 31, United
States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency
within the Department of Homeland Security:  Provided, That
none of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the
Senate and the House of Representatives approve the proposed
transfers.
Sec. 533.  None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 534.  If the Administrator of the Transportation
Security Administration determines that an airport does not
need to participate in the E-Verify Program as described in
section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note),
the Administrator shall certify to the Committees on
Appropriations of the Senate and the House of Representatives
that no security risks will result from such non-
participation.
Sec. 535. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after
the date on which the President determines whether to declare
a major disaster because of an event and any appeal is
completed, the Administrator shall publish on the Web site of
the Federal Emergency Management Agency a report regarding
that decision that shall summarize damage assessment
information used to determine whether to declare a major
disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines
would compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 536.  Any official that is required by this Act to
report or to certify to the Committees on Appropriations of
the Senate and the House of Representatives may not delegate
such authority to perform that act unless specifically
authorized herein.
Sec. 537.  Section 550(b) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 6
U.S.C. 121 note), as amended by section 550 of the Department
of Homeland Security Appropriations Act, 2010 (Public Law
111-83), is further amended by striking ``on October 4,
2012'' and inserting ``on October 4, 2013''.
Sec. 538.  None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 539.  None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301.10-124 of title 41, Code of Federal Regulations.
Sec. 540.  None of the funds made available in this or any
other Act for fiscal year 2013 and thereafter may be used to
propose or effect a disciplinary or adverse action, with
respect to any Department of Homeland Security employee who
engages regularly with the public in the performance of his
or her official duties solely because that employee elects to
utilize protective equipment or measures, including but not
limited to surgical masks, N95 respirators, gloves, or hand-
sanitizers, where use of such equipment or measures is in
accord with Department of Homeland Security policy, and
Centers for Disease Control and Prevention and Office of
Personnel Management guidance.
Sec. 541.  None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 542. (a) Any company that collects or retains personal
information directly from any individual who participates in
the Registered Traveler or successor program of the
Transportation Security Administration shall safeguard and
dispose of such information in accordance with the
requirements in--
(1) the National Institute for Standards and Technology
Special Publication 800-30, entitled ``Risk Management Guide
for Information Technology Systems'';
(2) the National Institute for Standards and Technology
Special Publication 800-53, Revision 3, entitled
``Recommended Security Controls for Federal Information
Systems and Organizations''; and
(3) any supplemental standards established by the
Administrator of the Transportation Security Administration
(referred to in this section as the ``Administrator'').
(b) The airport authority or air carrier operator that
sponsors the company under the Registered Traveler program
shall be known as the ``Sponsoring Entity''.
(c) The Administrator shall require any company covered by
subsection (a) to provide, not later than 30 days after the
date of enactment of this Act, to the Sponsoring Entity
written certification that the procedures used by the company
to safeguard and dispose of information are in compliance
with the requirements under subsection (a). Such
certification shall include a description of the procedures
used by the company to comply with such requirements.
Sec. 543.  Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet
the basic requirements of a contract.
Sec. 544. (a) Not later than 180 days after the date of
enactment of this Act, the Administrator of the
Transportation Security Administration shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, a report that either--
(1) certifies that the requirement for screening all air
cargo on passenger aircraft by the deadline under section
44901(g) of title 49, United States Code, has been met; or
(2) includes a strategy to comply with the requirements
under title 44901(g) of title 49, United States Code,
including--
(A) a plan to meet the requirement under section 44901(g)
of title 49, United States Code, to screen 100 percent of air
cargo transported on passenger aircraft arriving in the
United States in foreign air transportation (as that term is
defined in section 40102 of that title); and
(B) specification of--
(i) the percentage of such air cargo that is being
screened; and
(ii) the schedule for achieving screening of 100 percent of
such air cargo.
(b) The Administrator shall continue to submit reports
described in subsection (a)(2) every 180 days thereafter
until the Administrator certifies that the Transportation
Security Administration has achieved screening of 100 percent
of such air cargo.
Sec. 545.  In developing any process to screen aviation
passengers and crews for transportation or national security
purposes, the Secretary of Homeland Security shall ensure
that all such processes take into consideration such
passengers' and crews' privacy and civil liberties consistent
with applicable laws, regulations, and guidance.
Sec. 546. (a) Notwithstanding section 1356(n) of title 8,
United States Code, of the funds deposited into the
Immigration Examinations Fee Account, $7,500,000 shall be
allocated by United States Citizenship and Immigration
Services in fiscal year 2013 for the purpose of providing an
immigrant integration grants program.
(b) For an additional amount for ``United States
Citizenship and Immigration Services'' for the purpose of
providing immigrant integration grants, $2,500,000.
(c) None of the funds made available to United States
Citizenship and Immigration Services for grants for immigrant
integration may be used to provide services to aliens who
have not been lawfully admitted for permanent residence.
Sec. 547.  For an additional amount for necessary expenses
for reimbursement of the actual costs to State and local
governments for providing emergency management, public
safety, and security at events, as determined by the
Administrator of the Federal Emergency Management Agency,
related to the presence of a National Special Security Event,
$5,000,000, to remain available until September 30, 2014.
Sec. 548.  Notwithstanding the 10 percent limitation
contained in section 503(c) of this Act, the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security:  Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
5 days in advance of such transfer.
Sec. 549.  None of the funds appropriated or otherwise made
available by this Act may be used by the Department of
Homeland Security to enter into any Federal contract unless
such contract is entered into in accordance with the
requirements of subtitle I of title 41, United States Code or
chapter 137 of title 10, United States Code, and the Federal
Acquisition Regulation, unless such contract is otherwise
authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 550. (a) For an additional amount for data center
migration, $55,000,000.
(b) Funds made available in subsection (a) for data center
migration may be transferred by the Secretary of Homeland
Security between appropriations for the same purpose,
notwithstanding section 503 of this Act.
(c) No transfer described in subsection (b) shall occur
until 15 days after the Committees on Appropriations of the
Senate and the House of Representatives are notified of such
transfer.
Sec. 551.  Notwithstanding any other provision of law, if
the Secretary of Homeland Security determines that specific
U.S. Immigration and Customs Enforcement Service Processing
Centers or other U.S. Immigration and Customs Enforcement
owned detention facilities no longer meet the mission need,
the Secretary is authorized to dispose of individual Service
Processing Centers or

[[Page S1650]]

other U.S. Immigration and Customs Enforcement owned
detention facilities by directing the Administrator of
General Services to sell all real and related personal
property which support Service Processing Centers or other
U.S. Immigration and Customs Enforcement owned detention
facilities, subject to such terms and conditions as necessary
to protect Government interests and meet program
requirements:  Provided, That the proceeds, net of the costs
of sale incurred by the General Services Administration and
U.S. Immigration and Customs Enforcement, shall be deposited
as offsetting collections into a separate account that shall
be available, subject to appropriation, until expended for
other real property capital asset needs of existing U.S.
Immigration and Customs Enforcement assets, excluding daily
operations and maintenance costs, as the Secretary deems
appropriate:  Provided further, That any sale or collocation
of federally owned detention facilities shall not result in
the maintenance of fewer than 34,000 detention beds:
Provided further, That the Committees on Appropriations of
the Senate and the House of Representatives shall be notified
15 days prior to the announcement of any proposed sale or
collocation.
Sec. 552.  For an additional amount for the ``Office of the
Under Secretary for Management'', $29,000,000, to remain
available until expended, for necessary expenses to plan,
acquire, design, construct, renovate, remediate, equip,
furnish, improve infrastructure, and occupy buildings and
facilities for the department headquarters consolidation
project and associated mission support consolidation:
Provided, That the Committees on Appropriations of the Senate
and the House of Representatives shall receive an expenditure
plan not later than 90 days after the date of enactment of
this Act detailing the allocation of these funds.
Sec. 553.  In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E),
(c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a).
Sec. 554.  None of the funds made available under this Act
or any prior appropriations Act may be provided to the
Association of Community Organizations for Reform Now
(ACORN), or any of its affiliates, subsidiaries, or allied
organizations.
Sec. 555.  The Commissioner of U.S. Customs and Border
Protection and the Assistant Secretary of Homeland Security
for U.S. Immigration and Customs Enforcement shall, with
respect to fiscal years 2013, 2014, 2015, and 2016, submit to
the Committees on Appropriations of the Senate and the House
of Representatives, at the time that the President's budget
proposal for fiscal year 2014 is submitted pursuant to the
requirements of section 1105(a) of title 31, United States
Code, the information required in the multi-year investment
and management plans required, respectively, under the
headings U.S. Customs and Border Protection, ``Salaries and
Expenses'' under title II of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74), and U.S.
Customs and Border Protection, ``Border Security Fencing,
Infrastructure, and Technology'' under such title, and
section 568 of such Act.
Sec. 556.  The Secretary of Homeland Security shall ensure
enforcement of immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))).
Sec. 557. (a) Notwithstanding Office of Management and
Budget Circular A-11, funds made available in fiscal year
2013, or any fiscal year thereafter, under Department of
Homeland Security, Coast Guard, ``Acquisition, Construction,
and Improvements'' for--
(1) long lead time materials, components, and designs of a
vessel of the Coast Guard shall be immediately available and
allotted to make a contract award notwithstanding the
availability of funds for production, outfitting, post-
delivery activities, and spare or repair parts; and
(2) production of a vessel of the Coast Guard shall be
immediately available and allotted to make a contract award
notwithstanding the availability of funds for outfitting,
post-delivery activities, and spare or repair parts.
(b) The Secretary of Homeland Security shall develop fiscal
policy that prescribes Coast Guard budgetary policies,
procedures and technical direction necessary to comply with
subsection (a) of this section and consistent with the
Department of Defense Financial Management Regulation (Volume
2A, Chapter 1 C. Procedures for Full Funding) to include the
costs associated with outfitting and post-delivery
activities; spare and repair parts; and long lead time
materials. The requirement set forth in this section shall
not preclude the immediate availability or allotment of funds
for fiscal year 2013, pursuant to subsection (a).
(c) In this section--
(1) the term ``long lead time items'' means components,
parts, material, or effort which must be procured in advance
of the production award in order to maintain the production
schedule;
(2) the term ``outfitting'' means procurement or
installation of onboard repair parts, other secondary items,
equipage, and recreation items; precommissioning crew
support; general use consumables furnished to the
shipbuilder; the fitting out activity to fill a vessel's
initial allowances; and contractor-furnished spares; and
(3) the term ``post-delivery activities'' means design,
planning, Government-furnished material, and related labor
for non-production and non-long lead time items contract
activities and other work, including certifications, full
operational capability activities and other equipment
installation; spares, logistics, technical analysis, and
support; correction of Government-responsible defects and
deficiencies identified during builders trials, acceptance
trials, and testing during the post-delivery period; costs of
all work required to correct defects or deficiencies
identified during the post-delivery period; and costs of all
work required to correct trial card deficiencies on a vessel
of a particular class, as well as on subsequent vessels of
that class (whether or not delivered) until the corrective
action for that cutter class is completed.
Sec. 558. (a) Of the amounts made available by this Act for
National Protection and Programs Directorate,
``Infrastructure Protection and Information Security'',
$202,000,000 for the ``Federal Network Security'' program,
project, and activity shall be used to deploy on Federal
systems technology to improve the information security of
agency information systems covered by section 3543(a) of
title 44, United States Code:  Provided, That funds made
available under this section shall be used to assist and
support Government-wide and agency-specific efforts to
provide adequate, risk-based, and cost-effective
cybersecurity to address escalating and rapidly evolving
threats to information security, including the acquisition
and operation of a continuous monitoring and diagnostics
program, in collaboration with departments and agencies, that
includes equipment, software, and Department of Homeland
Security supplied services:  Provided further, That not later
than April 1, 2013, and quarterly thereafter, the Under
Secretary of Homeland Security of the National Protection and
Programs Directorate shall submit to the Committees on
Appropriations of the Senate and House of Representatives a
report on the obligation and expenditure of funds made
available under this section:  Provided further, That
continuous monitoring and diagnostics software procured by
the funds made available by this section shall not transmit
to the Department of Homeland Security any personally
identifiable information or content of network communications
of other agencies' users:  Provided further, That such
software shall be installed, maintained, and operated in
accordance with all applicable privacy laws and agency-
specific policies regarding network content.
(b) Funds made available under this section may not be used
to supplant funds provided for any such system within an
agency budget.
(c) Not later than July 1, 2013, the heads of all Federal
agencies shall submit to the Committees on Appropriations of
the Senate and House of Representatives expenditure plans for
necessary cybersecurity improvements to address known
vulnerabilities to information systems described in
subsection (a).
(d) Not later than October 1, 2013, and quarterly
thereafter, the head of each Federal agency shall submit to
the Director of the Office of Management and Budget a report
on the execution of the expenditure plan for that agency
required by subsection (c):  Provided, That the Director of
the Office of Management and Budget shall summarize such
execution reports and annually submit such summaries to
Congress in conjunction with the annual progress report on
implementation of the E-Government Act of 2002 (Public Law
107-347), as required by section 3606 of title 44, United
States Code.
(e) This section shall not apply to the legislative and
judicial branches of the Federal Government and shall apply
to all Federal agencies within the executive branch except
for the Department of Defense, the Central Intelligence
Agency, and the Office of the Director of National
Intelligence.
Sec. 559. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 560. (a) Notwithstanding sections 58c(e) and 1451 of
title 19, United States Code, upon the request of any
persons, the Commissioner of U.S. Customs and Border
Protection may enter into reimbursable fee agreements for a
period of up to 5 years with such persons for the provision
of U.S. Customs and Border Protection services and any other
costs incurred by U.S. Customs and Border Protection relating
to such services. Such requests may include additional U.S.
Customs and Border Protection services at existing U.S.
Customs and Border Protection-serviced facilities (including
but not limited to payment for overtime), the provision of
U.S. Customs and Border Protection services at new
facilities, and expanded U.S. Customs and Border Protection
services at land border facilities.
(1) By December 31, 2013, the Commissioner may enter into
not more than 5 agreements under this section.
(2) The Commissioner shall not enter into such an agreement
if it would unduly and permanently impact services funded in
this or any other appropriations Acts, or provided from any
accounts in the Treasury of

[[Page S1651]]

the United States derived by the collection of fees.
(b) Funds collected pursuant to any agreement entered into
under this section shall be deposited in a newly established
account as offsetting collections and remain available until
expended, without fiscal year limitation, and shall directly
reimburse each appropriation for the amount paid out of that
appropriation for any expenses incurred by U.S. Customs and
Border Protection in providing U.S. Customs and Border
Protection services and any other costs incurred by U.S.
Customs and Border Protection relating to such services.
(c) The amount of the fee to be charged pursuant to an
agreement authorized under subsection (a) of this section
shall be paid by each person requesting U.S. Customs and
Border Protection services and shall include, but shall not
be limited to, the salaries and expenses of individuals
employed by U.S. Customs and Border Protection to provide
such U.S. Customs and Border Protection services and other
costs incurred by U.S. Customs and Border Protection relating
to those services, such as temporary placement or permanent
relocation of those individuals.
(d) U.S. Customs and Border Protection shall terminate the
provision of services pursuant to an agreement entered into
under subsection (a) with a person that, after receiving
notice from the Commissioner that a fee imposed under
subsection (a) is due, fails to pay the fee in a timely
manner. In the event of such termination, all costs incurred
by U.S. Customs and Border Protection, which have not been
reimbursed, will become immediately due and payable. Interest
on unpaid fees will accrue based on current U.S. Treasury
borrowing rates. Additionally, any person who, after notice
and demand for payment of any fee charged under subsection
(a) of this section, fails to pay such fee in a timely manner
shall be liable for a penalty or liquidated damage equal to
two times the amount of the fee. Any amount collected
pursuant to any agreement entered into under this subsection
shall be deposited into the account specified under
subsection (b) of this section and shall be available as
described therein.
(e) Each facility at which such U.S. Customs and Border
Protection services are performed shall provide, maintain,
and equip, without cost to the Government, facilities in
accordance with U.S. Customs and Border Protection
specifications.
(f) The authority found in this section may not be used to
enter into agreements to expand or begin to provide U.S.
Customs and Border Protection services outside of the United
States.
(g) The authority found in this section may not be used at
existing U.S. Customs and Border Protection-serviced air
facilities to enter into agreements for costs other than
payment of overtime.
(h) The Commissioner shall notify the appropriate
Committees of Congress 15 days prior to entering into any
agreement under the authority of this section and shall
provide a copy of the agreement to the appropriate Committees
of Congress.
(i) For purposes of this section the terms:
(1) U.S. Customs and Border Protection ``services'' means
any activities of any employee or contractor of U.S. Customs
and Border Protection pertaining to customs and immigration
inspection-related matters.
(2) ``Person'' means any natural person or any corporation,
partnership, trust, association, or any other public or
private entity, or any officer, employee, or agent thereof.
(3) ``Appropriate Committees of Congress'' means the
Committees on Appropriations; Finance; Judiciary; and
Homeland Security and Governmental Affairs of the Senate and
the Committees on Appropriations; Judiciary; Ways and Means;
and Homeland Security of the House of Representatives.
Sec. 561.  None of the funds made available under this Act
may be used by a Federal law enforcement officer to
facilitate the transfer of an operable firearm to an
individual if the Federal law enforcement officer knows or
suspects that the individual is an agent of a drug cartel
unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 562.  Twenty percent of each of the appropriations
provided in this Act for the ``Office of the Secretary and
Executive Management'', the ``Office of the Under Secretary
for Management'', and the ``Office of the Chief Financial
Officer'' shall be withheld from obligation until the reports
and plans required in this Act to be submitted on or before
May 1, 2013, are received by the Committees on Appropriations
of the Senate and the House of Representatives.
Sec. 563.  Notwithstanding any other provision of this Act
or any other provision of law, during the period beginning on
October 1, 2013, and ending on September 30, 2014, section
204(a)(1)(I) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(I)) is amended by adding at the end the following:
``(iv) Each petition to compete for consideration for a
visa under section 1153(c) of this title shall be accompanied
by a fee equal to $30. All amounts collected under this
clause shall be deposited into the Treasury as miscellaneous
receipts.'':

Provided, That the Department of State, in consultation
with the Department of Homeland Security, shall report to the
Committees on Appropriations of the Senate and the House of
Representatives not later than 90 days after the date of
enactment of this Act on the steps being taken to implement
the recommendations of GAO-07-1174.
Sec. 564.  The Administrator of the Federal Emergency
Management Agency shall cancel the liquidated balances of all
remaining uncancelled or partially cancelled loans disbursed
under the Community Disaster Loan Act of 2005 (Public Law
109-88) and the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Hurricane Recovery,
2006 (Public Law 109-234), as amended by section 4502 of the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (Public Law 110-
28) to the extent that revenues of the local government
during the period following the major disaster are
insufficient to meet the budget of the local government,
including additional disaster-related expenses of a municipal
character. In calculating a community's revenues while
determining cancellation, the Administrator shall exclude
revenues for special districts and any other revenues that
are required by law to be disbursed to other units of local
government or used for specific purposes more limited than
the scope allowed by the General Fund. In calculating a
community's expenses, the Administrator shall include
disaster-related capital expenses for which the community has
not been reimbursed by Federal or insurance proceeds, debt
service expenses, and accrued but unpaid uncompensated
absences (vacation and sick pay). In calculating the
operating deficit of the local government, the Administrator
shall also consider all interfund transfers. When considering
the period following the disaster, the Administrator may
consider a period of 3, 5, or 7 full fiscal years after the
disaster, beginning on the date of the declaration, in
determining eligibility for cancellation. The criteria for
cancellation do not apply to those loans already cancelled in
full. Applicants shall submit supplemental documentation in
support of their applications for cancellation on or before
April 30, 2014, and the Administrator shall issue
determinations and resolve any appeals on or before April 30,
2015. Loans not cancelled in full shall be repaid not later
than September 30, 2035. The Administrator may use funds
provided under Public Law 109-88 to reimburse those
communities that have repaid all or a portion of loans,
including interest, provided as Special Community Disaster
Loans under Public Law 109-88 or Public Law 109-234, as
amended by section 4502 of Public Law 110-28. Further, the
Administrator may use funds provided under Public Law 109-88
for necessary expenses to carry out this provision.
Sec. 565.  The Inspector General shall review the
applications for public assistance provided through the
Disaster Relief Fund with a project cost that exceeds
$10,000,000 and the resulting decisions issued by the Federal
Emergency Management Agency for category A debris removal for
DR-1786 upon receipt of a request from an applicant made no
earlier than 90 days after filing an appeal with the Federal
Emergency Management Agency without regard to whether the
Administrator of the Federal Emergency Management Agency has
issued a final agency determination on the application for
assistance:  Provided, That not later than 180 days after the
date of such request, the Inspector General shall determine
whether the Federal Emergency Management Agency correctly
applied its rules and regulations to determine eligibility of
the applicant's claim:  Provided further, That if the
Inspector General finds that the Federal Emergency Management
Agency determinations related to eligibility and cost
involved a misapplication of its rules and regulations, the
applicant may submit the dispute to the arbitration process
established under the authority granted under section 601 of
Public Law 111-5 not later than 15 days after the date of
issuance of the Inspector General's finding in the previous
proviso:  Provided further, That if the Inspector General
finds that the Federal Emergency Management Agency provided
unauthorized funding, that the Federal Emergency Management
Agency shall take corrective action.
Sec. 566.  None of the funds provided in this or any other
Act may be obligated to implement the National Preparedness
Grant Program or any other successor grant programs unless
explicitly authorized by Congress.
Sec. 567.  None of the funds made available by this Act may
be used to provide funding for the position of Public
Advocate within U.S. Immigration and Customs Enforcement.
Sec. 568.  None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
Sec. 569.  None of the funds made available in this Act may
be used to pay for the travel to or attendance of more than
50 employees of a single component of the Department of
Homeland Security, who are stationed in the United States, at
a single international conference unless the Secretary of
Homeland Security determines that such attendance is in the
national interest and notifies the Committees on
Appropriations of the Senate and the House of Representatives
within at least 10 days of that determination and the basis
for that determination:  Provided, That for purposes of this
section the term ``international conference'' shall mean a
conference occurring outside of the United States attended by
representatives of the United States Government and of
foreign governments, international organizations, or
nongovernmental organizations.

(rescissions)

Sec. 570.  Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded
from the

[[Page S1652]]

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

(rescission)

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

(rescissions)

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

(rescissions)

Sec. 573.  The following unobligated balances made
available to the Department of Homeland Security pursuant to
section 505 of the Department of Homeland Security
Appropriations Act, 2012 (Public Law 112-74; 125 Stat. 984)
are rescinded:
(1) $314,674 from ``Office of the Secretary and Executive
Management'';
(2) $185,813 from ``Office of the Under Secretary for
Management'';
(3) $114,391 from ``Office of the Chief Financial
Officer'';
(4) $59,507 from ``Office of the Chief Information
Officer'';
(5) $568,188 from ``Analysis and Operations'';
(6) $45,525 from ``Office of Inspector General'';
(7) $568,480 from U.S. Customs and Border Protection
``Salaries and Expenses'';
(8) $3,581,483 from U.S. Immigration and Customs
Enforcement ``Salaries and Expenses'';
(9) $1,075,942 from Transportation Security Administration
``Federal Air Marshals'';
(10) $18,142,454 from Coast Guard ``Operating Expenses'';
(11) $991,520 from Coast Guard ``Reserve Training'';
(12) $1,033,599 from Coast Guard ``Acquisition,
Construction, and Improvements'';
(13) $2,371,377 from United States Secret Service
``Salaries and Expenses'';
(14) $82,084 from National Protection and Programs
Directorate ``Management and Administration'';
(15) $1,683,470 from National Protection and Programs
Directorate ``Infrastructure Protection and Information
Security'';
(16) $184,583 from National Protection and Programs
Directorate ``United States Visitor and Immigrant Status
Indicator Technology'';
(17) $259,874 from Federal Emergency Management Agency
``Salaries and Expenses'';
(18) $206,722 from Federal Emergency Management Agency
``State and Local Programs'';
(19) $450,017 from Office of Health Affairs;
(20) $205,799 from United States Citizenship and
Immigration Services;
(21) $512,660 from Federal Law Enforcement Training Center
``Salaries and Expenses'';
(22) $244,553 from Science and Technology ``Management and
Administration''; and
(23) $128,565 from Domestic Nuclear Detection Office
``Management and Administration''.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2013''.

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

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

TITLE I

DEPARTMENT OF DEFENSE

Military Construction, Army

For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $1,684,323,000, to remain available until
September 30, 2017:  Provided, That of this amount, not to
exceed $80,173,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of Army
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.

Military Construction, Navy and Marine Corps

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

Military Construction, Air Force

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

Military Construction, Defense-Wide

(including transfer of funds)

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

Military Construction, Army National Guard

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$613,799,000, to remain available until September 30, 2017:
Provided, That of the amount appropriated, not to exceed
$26,622,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Army National Guard determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.

[[Page S1653]]

Military Construction, Air National Guard

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$42,386,000, to remain available until September 30, 2017:
Provided, That of the amount appropriated, not to exceed
$4,000,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.

Military Construction, Army Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $305,846,000, to remain
available until September 30, 2017:  Provided, That of the
amount appropriated, not to exceed $15,951,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.

Military Construction, Navy Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $49,532,000, to remain available until September 30,
2017:  Provided, That of the amount appropriated, not to
exceed $2,118,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.

Military Construction, Air Force Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $10,979,000, to remain
available until September 30, 2017:  Provided, That of the
amount appropriated, not to exceed $2,879,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.

North Atlantic Treaty Organization
Security Investment Program

For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $254,163,000, to remain available until
expended.

Family Housing Construction, Army

For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$4,641,000, to remain available until September 30, 2017.

Family Housing Operation and Maintenance, Army

For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $530,051,000.

Family Housing Construction, Navy and Marine Corps

For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $102,182,000, to remain available until September 30,
2017.

Family Housing Operation and Maintenance, Navy and Marine Corps

For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $378,230,000.

Family Housing Construction, Air Force

For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$83,824,000, to remain available until September 30, 2017.

Family Housing Operation and Maintenance, Air Force

For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $497,829,000.

Family Housing Operation and Maintenance, Defense-Wide

For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $52,238,000.

Department of Defense Family Housing Improvement Fund

For the Department of Defense Family Housing Improvement
Fund, $1,786,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.

Chemical Demilitarization Construction, Defense-Wide

For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stockpile
of lethal chemical agents and munitions in accordance with
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, as currently authorized by law,
$151,000,000, to remain available until September 30, 2017,
which shall be only for the Assembled Chemical Weapons
Alternatives program.

Department of Defense Base Closure Account 1990

For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $409,396,000, to remain available until expended.

Department of Defense Base Closure Account 2005

For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $126,697,000, to remain available until expended:
Provided, That the Department of Defense shall notify the
Committees on Appropriations of both Houses of Congress 14
days prior to obligating an amount for a construction project
that exceeds or reduces the amount identified for that
project in the most recently submitted budget request for
this account by 20 percent or $2,000,000, whichever is less:
Provided further, That the previous proviso shall not apply
to projects costing less than $5,000,000, except for those
projects not previously identified in any budget submission
for this account and exceeding the minor construction
threshold under section 2805 of title 10, United States Code.

Administrative Provisions

Sec. 101.  None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102.  Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103.  Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104.  None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105.  None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106.  None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107.  None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108.  None of the funds made available in this title
may be used for the procurement

[[Page S1654]]

of steel for any construction project or activity for which
American steel producers, fabricators, and manufacturers have
been denied the opportunity to compete for such steel
procurement.
Sec. 109.  None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110.  None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111.  None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Sea, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112.  None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Sea, may be used to award any
contract estimated by the Government to exceed $1,000,000 to
a foreign contractor:  Provided, That this section shall not
be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent:  Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113.  The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114.  Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115.  Not more than 20 percent of the funds made
available in this title which are limited for obligation
during the current fiscal year shall be obligated during the
last 2 months of the fiscal year.
Sec. 116.  For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 117.  Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.

(including transfer of funds)

Sec. 118.  In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to
the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note)
pursuant to section 207(a)(2)(C) of such Act, may be
transferred to the account established by section 2906(a)(1)
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to be merged with, and to be available for
the same purposes and the same time period as that account.

(including transfer of funds)

Sec. 119.  Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund:  Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.

(including transfer of funds)

Sec. 120.  In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the accounts established by sections
2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities
and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to
pay for expenses associated with the Homeowners Assistance
Program incurred under 42 U.S.C. 3374(a)(1)(A). Any amounts
transferred shall be merged with and be available for the
same purposes and for the same time period as the fund to
which transferred.
Sec. 121.  Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters:  Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission:  Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 122.  Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
Sec. 123.  None of the funds made available in this title,
or in any Act making appropriations for military construction
which remain available for obligation, may be obligated or
expended to carry out a military construction, land
acquisition, or family housing project at or for a military
installation approved for closure, or at a military
installation for the purposes of supporting a function that
has been approved for realignment to another installation, in
2005 under the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), unless such a project at a military installation
approved for realignment will support a continuing mission or
function at that installation or a new mission or function
that is planned for that installation, or unless the
Secretary of Defense certifies that the cost to the United
States of carrying out such project would be less than the
cost to the United States of cancelling such project, or if
the project is at an active component base that shall be
established as an enclave or in the case of projects having
multi-agency use, that another Government agency has
indicated it will assume ownership of the completed project.
The Secretary of Defense may not transfer funds made
available as a result of this limitation from any military
construction project, land acquisition, or family housing
project to another account or use such funds for another
purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This
section shall not apply to military construction projects,
land acquisition, or family housing projects for which the
project is vital to the national security or the protection
of health, safety, or environmental quality:  Provided, That
the Secretary of Defense shall notify the congressional
defense committees within seven days of a decision to carry
out such a military construction project.

(including transfer of funds)

Sec. 124.  During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 125.  None of the funds made available by this Act may
be used by the Secretary of Defense to take beneficial
occupancy of more than 2,500 parking spaces (other than
handicap-reserved spaces) to be provided by the BRAC 133
project:  Provided, That this limitation may be waived in
part if: (1) the Secretary of Defense certifies to Congress
that

[[Page S1655]]

levels of service at existing intersections in the vicinity
of the project have not experienced failing levels of service
as defined by the Transportation Research Board Highway
Capacity Manual over a consecutive 90-day period; (2) the
Department of Defense and the Virginia Department of
Transportation agree on the number of additional parking
spaces that may be made available to employees of the
facility subject to continued 90-day traffic monitoring; and
(3) the Secretary of Defense notifies the congressional
defense committees in writing at least 14 days prior to
exercising this waiver of the number of additional parking
spaces to be made available.
Sec. 126.  None of the funds made available by this Act may
be used for any action that relates to or promotes the
expansion of the boundaries or size of the Pinon Canyon
Maneuver Site, Colorado.
Sec. 127.  Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 128. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10
percent of the total number of members of the regular and
reserve components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of
the Army, the Secretary complied with Army Regulation 5-10
relating to the policy, procedures, and responsibilities for
Army stationing actions.
Sec. 129.  Notwithstanding any other provision of law, none
of the funds made available to the Department of Defense for
military construction in this or any other Act, may be
obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.

(including rescission of funds)

Sec. 130.  Of the unobligated balances available for
``Military Construction, Defense-Wide'', from prior
appropriations Acts, $20,000,000 are hereby cancelled:
Provided, That no amounts may be cancelled from amounts that
were designated by Congress as an emergency requirement or
for Overseas Contingency Operations/Global War on Terrorism
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.

(including rescission of funds)

Sec. 131.  Of the unobligated balances available for
``Department of Defense Base Closure Account 2005'', from
prior appropriations Acts, $132,513,000 are hereby cancelled:
Provided, That no amounts may be cancelled from amounts that
were designated by Congress as an emergency requirement or
for Overseas Contingency Operations/Global War on Terrorism
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.

(including transfer of funds)

Sec. 132.  Of the proceeds credited to the Department of
Defense Family Housing Improvement Fund pursuant to
subsection (c)(1)(C) of section 2883 of title 10, United
States Code, from a Department of Navy land conveyance, the
Secretary of Defense shall transfer $10,500,000 to the
Secretary of the Navy under paragraph (3) of subsection (d)
of such section for use by the Secretary of the Navy as
provided in paragraph (1) of such subsection until expended.

TITLE II

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

compensation and pensions

(including transfer of funds)

For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $60,599,855,000, to remain available until expended:
Provided, That not to exceed $9,204,000 of the amount
appropriated under this heading shall be reimbursed to
``General operating expenses, Veterans Benefits
Administration'', ``Medical support and compliance'', and
``Information technology systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and pensions''
appropriation:  Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical care collections fund'' to augment
the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.

readjustment benefits

For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, and for the payment of benefits under the
Veterans Retraining Assistance Program, $12,023,458,000, to
remain available until expended:  Provided, That expenses for
rehabilitation program services and assistance which the
Secretary is authorized to provide under subsection (a) of
section 3104 of title 38, United States Code, other than
under paragraphs (1), (2), (5), and (11) of that subsection,
shall be charged to this account.

veterans insurance and indemnities

For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States
Code, $104,600,000, to remain available until expended.

veterans housing benefit program fund

For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code:  Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:  Provided further,
That during fiscal year 2013, within the resources available,
not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $157,814,000.

vocational rehabilitation loans program account

For the cost of direct loans, $19,000, as authorized by
chapter 31 of title 38, United States Code:  Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974:  Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,729,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $346,000, which may be paid to
the appropriation for ``General operating expenses, Veterans
Benefits Administration''.

native american veteran housing loan program account

For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,089,000.

Veterans Health Administration

medical services

For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, aid to State homes
as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital
care and medical services authorized by section 1787 of title
38, United States Code; $155,000,000, which shall be in
addition to funds previously appropriated under this heading
that become available on October 1, 2012; and in addition,
$43,557,000,000, plus reimbursements, shall become available
on October 1, 2013, and shall remain available until
September 30, 2014:  Provided, That notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs:  Provided further, That
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6:  Provided further, That
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary:  Provided
further, That the implementation of the program described in
the previous proviso shall incur no

[[Page S1656]]

additional cost to the Department of Veterans Affairs.

medical support and compliance

For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.); $6,033,000,000, plus reimbursements,
shall become available on October 1, 2013, and shall remain
available until September 30, 2014.

medical facilities

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department; for
oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving,
or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise
provided for, either by contract or by the hire of temporary
employees and purchase of materials; for leases of
facilities; and for laundry services, $4,872,000,000, plus
reimbursements, shall become available on October 1, 2013,
and shall remain available until September 30, 2014.

medical and prosthetic research

For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $582,674,000,
plus reimbursements, shall remain available until September
30, 2014.

National Cemetery Administration

For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $258,284,000, of which not
to exceed $25,828,000 shall remain available until September
30, 2014:  Provided, That none of the funds under this
heading may be used to expand the Urban Initiative project
beyond those sites outlined in the fiscal year 2012 or
previous budget submissions or any other rural strategy,
other than the Rural Initiative included in the fiscal year
2013 budget submission, until the Secretary of Veterans
Affairs submits to the Committees on Appropriations of both
Houses of Congress a strategy to serve the burial needs of
veterans residing in rural and highly rural areas and that
strategy has been approved by the Committees:  Provided
further, That the strategy shall include: (1) A review of
previous policies of the National Cemetery Administration
regarding establishment of new national cemeteries, including
whether the guidelines of the Administration for establishing
national cemetery annexes remain valid; (2) Data identifying
the number of and geographic areas where rural veterans are
not currently served by national or existing State cemeteries
and identification of areas with the largest unserved
populations, broken down by veterans residing in urban versus
rural and highly rural; (3) Identification of the number of
veterans who reside within the 75-mile radius of a cemetery
that is limited to cremations or of a State cemetery which
has residency restrictions, as well as an examination of how
many communities that fall under a 75-mile radius have an
actual driving distance greater than 75 miles; (4)
Reassessment of the gaps in service, factoring in the above
conditions that limit rural and highly rural veteran burial
options; (5) An assessment of the adequacy of the policy of
the Administration on establishing new cemeteries proposed in
the fiscal year 2013 budget request; (6) Recommendations for
an appropriate policy on new national cemeteries to serve
rural or highly rural areas; (7) Development of a national
map showing the locations and number of all unserved
veterans; and (8) A time line for the implementation of such
strategy and cost estimates for using the strategy to
establish new burial sites in at least five rural or highly
rural locations:  Provided further, That the Comptroller
General of the United States shall review the strategy to
ensure that it includes the elements listed above:  Provided
further, That this strategy shall be submitted no later than
180 days after the date of enactment of this Act:  Provided
further, That the Secretary of Veterans Affairs shall issue
guidelines on committal services held at cemeteries under the
jurisdiction of the National Cemetery Administration to
ensure that: (1) veterans' families may arrange to hold
committal services with any religious or secular content they
desire; (2) the choice by a family of an honor guard and the
content and presentation of military honors may not be
interfered with; and (3) attendance at committal services by
outside organizations dedicated to the support of veterans
will not be constrained except at the request of family
members:  Provided further, That the Department shall not
edit, control, or exercise prior restraints on the content of
religious speech and expression by speakers at events at
veterans national cemeteries except as provided in section
2413 of title 38, United States Code:  Provided further, That
actions permitted by the foregoing provisos shall be subject
to compliance with Department security, safety, and law
enforcement regulations.

Departmental Administration

general administration

(including transfer of funds)

For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $424,737,000, of
which not to exceed $20,837,000 shall remain available until
September 30, 2014:  Provided, That the Board of Veterans
Appeals shall be funded at not less than $86,006,000:
Provided further, That of the funds made available under this
heading, such sums as may be necessary shall be available to
the Secretary of Veterans Affairs to comply with the
Department's energy management requirements under section
543(f)(7) of the National Energy Conservation Policy Act (42
U.S.C. 8253(f)(7)):  Provided further, That funds provided
under this heading may be transferred to ``General operating
expenses, Veterans Benefits Administration''.

general operating expenses, veterans benefits administration

For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $2,164,074,000:  Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account:  Provided further, That of the funds made
available under this heading, not to exceed $113,000,000
shall remain available until September 30, 2014.

information technology systems

(including transfer of funds)

For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $3,327,444,000, plus reimbursements:  Provided,
That $1,021,000,000 shall be for pay and associated costs, of
which not to exceed $30,630,000 shall remain available until
September 30, 2014:  Provided further, That $1,812,045,000
shall be for operations and maintenance, of which not to
exceed $126,000,000 shall remain available until September
30, 2014:  Provided further, That $494,399,000 shall be for
information technology systems development, modernization,
and enhancement, and shall remain available until September
30, 2014:  Provided further, That amounts made available for
information technology systems development, modernization,
and enhancement may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be
obligated and expended for each development project:
Provided further, That amounts made available for salaries
and expenses, operations and maintenance, and information
technology systems development, modernization, and
enhancement may be transferred among the three sub-accounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information technology systems'' account for development,
modernization, and enhancement may be transferred between
projects or to newly defined projects:  Provided further,
That no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the
Committees on Appropriations of both Houses of Congress to
make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed:  Provided further,
That of the funds provided for information technology systems
development, modernization, and enhancement for the
development of a joint Department of Defense--Department of
Veterans Affairs (DOD-VA) integrated electronic health record
(iEHR), not more than 25 percent may be obligated until the
DOD-VA Interagency Program Office submits to the Committees
on Appropriations of both Houses of Congress, and such
Committees approve, a plan

[[Page S1657]]

for expenditure that: (1) defines the budget and cost
baseline for development of the integrated Electronic Health
Record; (2) identifies the deployment timeline for the system
for both Agencies; (3) breaks out annual and total spending
for each Department; (4) relays detailed cost-sharing
business rules; (5) establishes data standardization
schedules between the Departments; (6) has been submitted to
the Government Accountability Office for review; and (7)
complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Federal Government:  Provided further, That the funds
made available under this heading for information technology
systems development, modernization, and enhancement, shall be
for the projects, and in the amounts, specified under this
heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act).

office of inspector general

For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $115,000,000, of which $6,000,000 shall remain
available until September 30, 2014.

construction, major projects

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406, and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$532,470,000, of which $502,470,000 shall remain available
until September 30, 2017, and of which $30,000,000 shall
remain available until expended:  Provided, That $5,000,000
shall be to make reimbursements as provided in section 7108
of title 41, United States Code, for claims paid for contract
disputes:  Provided further, That except for advance planning
activities, including needs assessments which may or may not
lead to capital investments, and other capital asset
management related activities, including portfolio
development and management activities, and investment
strategy studies funded through the advance planning fund and
the planning and design activities funded through the design
fund, including needs assessments which may or may not lead
to capital investments, and salaries and associated costs of
the resident engineers who oversee those capital investments
funded through this account, and funds provided for the
purchase of land for the National Cemetery Administration
through the land acquisition line item, none of the funds
made available under this heading shall be used for any
project which has not been approved by the Congress in the
budgetary process:  Provided further, That funds made
available under this heading for fiscal year 2013, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2013; and
(2) by the awarding of a construction contract by September
30, 2014:  Provided further, That the Secretary of Veterans
Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on
any approved major construction project for which obligations
are not incurred within the time limitations established
above.

construction, minor projects

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $607,530,000, to remain available until September 30,
2017, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section:  Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.

grants for construction of state extended care facilities

For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $85,000,000, to remain available
until expended.

grants for construction of veterans cemeteries

For grants to assist States and tribal governments in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$46,000,000, to remain available until expended.

Administrative Provisions

(including transfer of funds)

Sec. 201.  Any appropriation for fiscal year 2013 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.

(including transfer of funds)

Sec. 202.  Amounts made available for the Department of
Veterans Affairs for fiscal year 2013, in this Act or any
other Act, under the ``Medical services'', ``Medical support
and compliance'', and ``Medical facilities'' accounts may be
transferred among the accounts:  Provided, That any transfers
between the ``Medical services'' and ``Medical support and
compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers between the ``Medical
services'' and ``Medical support and compliance'' accounts in
excess of 1 percent, or exceeding the cumulative 1 percent
for the fiscal year, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued:  Provided further, That any transfers to
or from the ``Medical facilities'' account may take place
only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 203.  Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204.  No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205.  No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206.  Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2012.
Sec. 207.  Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
pensions''.

(including transfer of funds)

Sec. 208.  Notwithstanding any other provision of law,
during fiscal year 2013, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General operating expenses, Veterans
Benefits Administration'' and ``Information technology
systems'' accounts for the cost of administration of the
insurance programs financed through those accounts:
Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program
during fiscal year 2013 that are available for dividends in
that program after claims have been paid and actuarially
determined reserves have been set aside:  Provided further,
That if the cost of administration of such an insurance
program

[[Page S1658]]

exceeds the amount of surplus earnings accumulated in that
program, reimbursement shall be made only to the extent of
such surplus earnings:  Provided further, That the Secretary
shall determine the cost of administration for fiscal year
2013 which is properly allocable to the provision of each
such insurance program and to the provision of any total
disability income insurance included in that insurance
program.
Sec. 209.  Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.

(including transfer of funds)

Sec. 210.  Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of
Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not to
exceed $42,904,000 for the Office of Resolution Management
and $3,360,000 for the Office of Employment and
Discrimination Complaint Adjudication:  Provided, That
payments may be made in advance for services to be furnished
based on estimated costs:  Provided further, That amounts
received shall be credited to the ``General administration''
and ``Information technology systems'' accounts for use by
the office that provided the service.
Sec. 211.  No appropriations in this title shall be
available to enter into any new lease of real property if the
estimated annual rental cost is more than $1,000,000, unless
the Secretary submits a report which the Committees on
Appropriations of both Houses of Congress approve within 30
days following the date on which the report is received.
Sec. 212.  No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title:  Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required:  Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.

(including transfer of funds)

Sec. 213.  Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, major projects'' and ``Construction, minor
projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, major projects'' and ``Construction, minor
projects''.
Sec. 214.  Amounts made available under ``Medical
services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.

(including transfer of funds)

Sec. 215.  Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to ``Medical
services'', to remain available until expended for the
purposes of that account.
Sec. 216.  The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which
are party to the Alaska Native Health Compact with the Indian
Health Service, and Indian tribes and tribal organizations
serving rural Alaska which have entered into contracts with
the Indian Health Service under the Indian Self Determination
and Educational Assistance Act, to provide healthcare,
including behavioral health and dental care. The Secretary
shall require participating veterans and facilities to comply
with all appropriate rules and regulations, as established by
the Secretary. The term ``rural Alaska'' shall mean those
lands sited within the external boundaries of the Alaska
Native regions specified in sections 7(a)(1)-(4) and (7)-(12)
of the Alaska Native Claims Settlement Act, as amended (43
U.S.C. 1606), and those lands within the Alaska Native
regions specified in sections 7(a)(5) and 7(a)(6) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C.
1606), which are not within the boundaries of the
municipality of Anchorage, the Fairbanks North Star Borough,
the Kenai Peninsula Borough or the Matanuska Susitna Borough.

(including transfer of funds)

Sec. 217.  Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, major projects'' and ``Construction,
minor projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 218.  None of the funds made available in this title
may be used to implement any policy prohibiting the Directors
of the Veterans Integrated Services Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 219.  The Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of
Congress a quarterly report on the financial status of the
Veterans Health Administration.

(including transfer of funds)

Sec. 220.  Amounts made available under the ``Medical
services'', ``Medical support and compliance'', ``Medical
facilities'', ``General operating expenses, Veterans Benefits
Administration'', ``General administration'', and ``National
Cemetery Administration'' accounts for fiscal year 2013, may
be transferred to or from the ``Information technology
systems'' account:  Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from
the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
Sec. 221.  None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury,
Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2506); or (2) section
8110(a)(5) of title 38, United States Code.
Sec. 222.  Of the amounts made available to the Department
of Veterans Affairs for fiscal year 2013, in this Act or any
other Act, under the ``Medical facilities'' account for
nonrecurring maintenance, not more than 20 percent of the
funds made available shall be obligated during the last 2
months of that fiscal year:  Provided, That the Secretary may
waive this requirement after providing written notice to the
Committees on Appropriations of both Houses of Congress.

(including transfer of funds)

Sec. 223.  Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2013 for ``Medical
services'', ``Medical support and compliance'', ``Medical
facilities'', ``Construction, minor projects'', and
``Information technology systems'', up to $247,356,000, plus
reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571) and may be used for
operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4500):  Provided, That
additional funds may be transferred from accounts designated
in this section to the Joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress.

(including transfer of funds)

Sec. 224.  Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500).

(including transfer of funds)

Sec. 225.  Of the amounts available in this title for
``Medical services'', ``Medical support and compliance'', and
``Medical facilities'', a minimum of $15,000,000, shall be
transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States
Code, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.

(including rescissions of funds)

Sec. 226. (a) Of the funds appropriated in title II of
division H of Public Law 112-74, the following amounts which
became available on October 1, 2012, are hereby rescinded
from the following accounts in the amounts specified:
(1) ``Department of Veterans Affairs, Medical services'',
$1,500,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $200,000,000.
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act,
an additional amount is appropriated to the following
accounts in the amounts specified to remain available until
September 30, 2014:

[[Page S1659]]

(1) ``Department of Veterans Affairs, Medical services'',
$1,500,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $200,000,000.
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
Sec. 227.  The Secretary of the Department of Veterans
Affairs shall notify the Committees on Appropriations of both
Houses of Congress of all bid savings in major construction
projects that total at least $5,000,000, or 5 percent of the
programmed amount of the project, whichever is less:
Provided, That such notification shall occur within 14 days
of a contract identifying the programmed amount:  Provided
further, That the Secretary shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to
the obligation of such bid savings and shall describe the
anticipated use of such savings.
Sec. 228.  The scope of work for a project included in
``Construction, major projects'' may not be increased above
the scope specified for that project in the original
justification data provided to the Congress as part of the
request for appropriations.
Sec. 229.  The Secretary of the Department of Veterans
Affairs shall provide on a quarterly basis to the Committees
on Appropriations of both Houses of Congress notification of
any single national outreach and awareness marketing campaign
in which obligations exceed $2,000,000.
Sec. 230.  The Secretary shall submit to the Committees on
Appropriations of both Houses of Congress a reprogramming
request if at any point during fiscal year 2013, the funding
allocated for a medical care initiative identified in the
fiscal year 2013 expenditure plan is adjusted by more than
$25,000,000 from the allocation shown in the corresponding
congressional budget justification. Such a reprogramming
request may go forward only if the Committees on
Appropriations of both Houses of Congress approve the request
or if a period of 14 days has elapsed.
Sec. 231.  None of the funds made available in this Act may
be used to enter into a contract using procedures that do not
give to small business concerns owned and controlled by
veterans (as that term is defined in section 3(q)(3) of the
Small Business Act (15 U.S.C. 632(q)(3)) that are included in
the database under section 8127(f) of title 38, United States
Code, any preference available with respect to such contract,
except for a preference given to small business concerns
owned and controlled by service-disabled veterans (as defined
in section 3(q)(2) of the Small Business Act (15 U.S.C.
632(q)(2)).
Sec. 232.  Funds made available under the heading ``Medical
services'' in title II of division H of Public Law 112-74 may
be used to carry out section 1787 of title 38, United States
Code.

TITLE III

RELATED AGENCIES

American Battle Monuments Commission

salaries and expenses

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$62,929,000, to remain available until expended.

foreign currency fluctuations account

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.

United States Court of Appeals for Veterans Claims

salaries and expenses

For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$32,481,000:  Provided, That $2,726,000 shall be available
for the purpose of providing financial assistance as
described, and in accordance with the process and reporting
procedures set forth, under this heading in Public Law 102-
229.

Department of Defense--Civil

Cemeterial Expenses, Army

salaries and expenses

For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $1,000 for official
reception and representation expenses, $65,800,000, of which
not to exceed $27,000,000 shall remain available until
September 30, 2015. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.

construction

For necessary expenses for planning and design and
construction at Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, $103,000,000, to remain
available until September 30, 2017, of which, $84,000,000
shall be for planning and design and construction associated
with the Millennium Project at Arlington National Cemetery;
and $19,000,000 shall be for study, planning, design, and
architect and engineer services for future expansion of
burial space at Arlington National Cemetery.

Armed Forces Retirement Home

trust fund

For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$67,590,000, of which $2,000,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi.

Administrative Provision

Sec. 301.  Funds appropriated in this Act under the
heading, ``Department of Defense--Civil, Cemeterial Expenses,
Army'', may be provided to Arlington County, Virginia, for
the relocation of the federally owned water main at Arlington
National Cemetery, making additional land available for
ground burials.

TITLE IV

OVERSEAS CONTINGENCY OPERATIONS

Department of Defense

Military Construction, Navy and Marine Corps

For an additional amount for ``Military Construction, Navy
and Marine Corps'', $150,768,000, to remain available until
September 30, 2013:  Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

Administrative Provision

(including rescission of funds)

Sec. 401.  Of the unobligated balances in section 2005 in
title X, of Public Law 112-10 and division H in title IV of
Public Law 112-74, $150,768,000 are hereby rescinded:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.

TITLE V

GENERAL PROVISIONS

Sec. 501.  No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502.  None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503.  No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other
than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution, or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 504.  All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 505.  Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 506.  None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 507.  None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 508. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or

[[Page S1660]]

(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 509. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 510.  None of the funds made available in this Act may
be distributed to the Association of Community Organizations
for Reform Now (ACORN) or its subsidiaries or successors.
Sec. 511. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or
possessions to house any individual detained at United States
Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the control
of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 512.  None of the funds appropriated or otherwise made
available in this Act may be used by an agency of the
executive branch to pay for first-class travel by an employee
of the agency in contravention of sections 301-10.122 through
301-10.124 of title 41, Code of Federal Regulations.
Sec. 513.  None of the funds provided in this Act may be
used to execute a contract for goods or services, including
construction services, where the contractor has not complied
with Executive Order No. 12989.
Sec. 514.  None of the funds made available by this Act may
be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency
has considered suspension or debarment of the corporation and
made a determination that this further action is not
necessary to protect the interests of the Government.
Sec. 515.  None of the funds made available by this Act may
be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless the agency has considered suspension or debarment of
the corporation and made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 516.  Such sums as may be necessary for fiscal year
2013 for pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 517.  None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency that
are stationed within the United States at any single
conference occurring outside a state of the United States,
except for employees of the Department of Veterans Affairs
stationed in the Philippines, unless the relevant Secretary
reports to the Committees on Appropriations of both Houses of
Congress at least 5 days in advance that such attendance is
important to the national interest.
This division may be cited as the ``Military Construction
and Veterans Affairs, and Related Agencies Appropriations
Act, 2013''.

DIVISION F--FURTHER CONTINUING APPROPRIATIONS ACT, 2013

The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for fiscal year
2013, and for other purposes, namely:

TITLE I

GENERAL PROVISIONS

Sec. 1101. (a) Such amounts as may be necessary, at the
level specified in subsection (c) and under the authority and
conditions provided in applicable appropriations Acts for
fiscal year 2012, for projects or activities (including the
costs of direct loans and loan guarantees) that are not
otherwise specifically provided for, and for which
appropriations, funds, or other authority were made available
in the following appropriations Acts:
(1) The Energy and Water Development and Related Agencies
Appropriations Act, 2012 (division B of Public Law 112-74).
(2) The Financial Services and General Government
Appropriations Act, 2012 (division C of Public Law 112-74).
(3) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2012 (division E of
Public Law 112-74).
(4) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2012
(division F of Public Law 112-74).
(5) The Legislative Branch Appropriations Act, 2012
(division G of Public Law 112-74).
(6) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2012 (division I of
Public Law 112-74).
(7) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2012 (division C of
Public Law 112-55), except for the appropriations designated
by the Congress as being for disaster relief under the
heading ``Department of Transportation, Federal Highway
Administration, Emergency Relief'' and in the last proviso of
section 239 of such Act.
(8) The Disaster Relief Appropriations Act, 2012 (Public
Law 112-77), except for appropriations under the heading
``Corps of Engineers--Civil''.
(b) For purposes of this division, the term ``level'' means
an amount.
(c) The level referred to in subsection (a) shall be the
amounts appropriated in the appropriations Acts referred to
in such subsection, including transfers and obligation
limitations, except that such level shall be calculated
without regard to any rescission or cancellation of funds or
contract authority, other than--
(1) the 0.16 percent across-the-board rescission in section
436 of division E of Public Law 112-74 (relating to the
Department of the Interior, Environment, and Related
Agencies); and
(2) the 0.189 percent across-the-board rescission in
section 527 of division F of Public Law 112-74, (relating to
the Departments of Labor, Health and Human Services, and
Education, and Related Agencies).
Sec. 1102.  Appropriations made by section 1101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 1103.  Appropriations provided by this division that,
in the applicable appropriations Act for fiscal year 2012,
carried a multiple-year or no-year period of availability
shall retain a comparable period of availability.
Sec. 1104.  No appropriation or funds made available or
authority granted pursuant to section 1101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during fiscal year 2012.
Sec. 1105.  Except as otherwise expressly provided in this
division, the requirements, authorities, conditions,
limitations, and other provisions of the appropriations Acts
referred to in section 1101 shall continue in effect through
the date specified in section 1106.
Sec. 1106.  Unless otherwise provided for in this division
or in the applicable appropriations Act, appropriations and
funds made available and authority granted pursuant to this
division shall be available through September 30, 2013.
Sec. 1107.  Expenditures made pursuant to the Continuing
Appropriations Resolution, 2013 (Public Law 112-175) shall be
charged to the applicable appropriation, fund, or
authorization provided by this division.
Sec. 1108.  Funds appropriated by this division may be
obligated and expended notwithstanding section 10 of Public
Law 91-672 (22 U.S.C. 2412), section 15 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
and section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6212).
Sec. 1109. (a) For entitlements and other mandatory
payments whose budget authority was provided in
appropriations Acts for fiscal year 2012, and for activities
under the Food and Nutrition Act of 2008, the levels
established by section 1101 shall be the amounts necessary to
maintain program levels under current law and under the
authority and conditions provided in the applicable
appropriations Acts for fiscal year 2012.
(b) In addition to the amounts otherwise provided by
section 1101, the following amounts shall be available for
the following accounts for advance payments for the first
quarter of fiscal year 2014:
(1) ``Department of Labor, Office of Workers' Compensation
Programs, Special Benefits for Disabled Coal Miners'', for
benefit payments under title IV of the Federal Mine Safety
and Health Act of 1977, $40,000,000, to remain available
until expended.
(2) ``Department of Health and Human Services, Centers for
Medicare and Medicaid Services, Grants to States for
Medicaid'', for payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act, $106,335,631,000, to remain available until
expended.

[[Page S1661]]

(3) ``Department of Health and Human Services,
Administration for Children and Families, Payments to States
for Child Support Enforcement and Family Support Programs'',
for payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9),
$1,100,000,000, to remain available until expended.
(4) ``Department of Health and Human Services,
Administration for Children and Families, Payments for Foster
Care and Permanency'', for payments to States or other non-
Federal entities under title IV-E of the Social Security Act,
$2,200,000,000.
(5) ``Social Security Administration, Supplemental Security
Income Program'', for benefit payments under title XVI of the
Social Security Act, $19,300,000,000, to remain available
until expended.
Sec. 1110.  Each amount made available in this division by
reference to an appropriation that was previously designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985 or
as being for disaster relief pursuant to section 251(b)(2)(D)
of such Act is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of such Act or as being for disaster
relief pursuant to section 251(b)(2)(D) of such Act,
respectively.
Sec. 1111.  With respect to any discretionary account for
which advance appropriations were provided for fiscal year
2013 or 2014 in an appropriations Act for fiscal year 2012,
in addition to amounts otherwise made available by this
division, advance appropriations are provided in the same
amount for fiscal year 2014 or 2015, respectively, with a
comparable period of availability.
Sec. 1112. (a) Section 147 of the Continuing Appropriations
Act, 2011 (Public Law 111-242), as added by section 1(a)(2)
of the Continuing Appropriations and Surface Transportation
Extensions Act, 2011 (Public Law 111-322; 5 U.S.C. 5303
note), is amended--
(1) in subsection (b)(1), by striking the matter after
``ending on'' and before ``shall be made'' and inserting
``December 31, 2013,''; and
(2) in subsection (c), by striking the matter after
``ending on'' and before ``no senior executive'' and
inserting ``December 31, 2013,''.
(b) Section 114 of the Continuing Appropriations
Resolution, 2013 (Public Law 112-175; 5 U.S.C. 5303 note) is
repealed.
Sec. 1113. (a) Not later than 30 days after the date of the
enactment of this division, each department and agency in
subsection (c) shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a spending, expenditure, or operating plan for fiscal year
2013--
(1) at the program, project, or activity level (or, for
foreign assistance programs funded in titles III, IV and VIII
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, at the country, regional, and
central program level, and for any international
organization); or
(2) as applicable, at any greater level of detail required
for funds covered by such a plan in an appropriations Act
referred to in section 1101, in the joint explanatory
statement accompanying such Act, or in committee report
language incorporated by reference in such joint explanatory
statement.
(b) If a sequestration is ordered by the President under
section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985, the spending, expenditure, or operating
plan required by this section shall reflect such
sequestration.
(c) The departments and agencies to which this section
applies are as follows:
(1) The Department of Agriculture.
(2) The Department of Commerce.
(3) The Department of Education.
(4) The Department of Energy.
(5) The Department of Health and Human Services.
(6) The Department of Homeland Security.
(7) The Department of Housing and Urban Development.
(8) The Department of the Interior.
(9) The Department of Justice.
(10) The Department of Labor.
(11) The Department of State and United States Agency for
International Development.
(12) The Department of Transportation.
(13) The Department of the Treasury.
(14) The National Aeronautics and Space Administration.
(15) The National Science Foundation.
(16) The Judiciary.
(17) With respect to amounts made available under the
heading ``Executive Office of the President and Funds
Appropriated to the President'', agencies funded under such
heading.
(18) The Federal Communications Commission.
(19) The General Services Administration.
(20) The Office of Personnel Management.
(21) The National Archives and Records Administration.
(22) The Securities and Exchange Commission.
(23) The Small Business Administration.
(24) The Environmental Protection Agency.
(25) The Indian Health Service.
(26) The Smithsonian Institution.
(27) The Social Security Administration.
(28) The Corporation for National and Community Service.
(29) The Corporation for Public Broadcasting.
(30) The Food and Drug Administration.
(31) The Commodity Futures Trading Commission.
Sec. 1114.  Not later than May 15, 2013, and each month
thereafter through November 1, 2013, the Director of the
Office of Management and Budget shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on all obligations incurred in fiscal
year 2013, by each department and agency, using funds made
available by this division. Such report shall--
(1) set forth obligations by account; and
(2) compare the obligations incurred in the period covered
by the report to the obligations incurred in the same period
in fiscal year 2012.
This division may be cited as the ``Full-Year Continuing
Appropriations Act, 2013''.

TITLE II

ENERGY AND WATER DEVELOPMENT

Sec. 1201.  The amounts available for ``Corps of
Engineers--Civil, Department of the Army, Corps of
Engineers--Civil, Construction'' are hereby reduced by
$20,000,000.
Sec. 1202.  Notwithstanding section 1101, the level for
``Department of the Interior, Central Utah Project, Central
Utah Project Completion Account'' shall be $19,700,000, of
which, $1,200,000 shall be deposited into the ``Utah
Reclamation Mitigation and Conservation Account'' for use by
the Utah Reclamation Mitigation and Conservation Commission.
In addition $1,300,000 is provided for necessary expenses
incurred in carrying out the responsibilities of the
Secretary of the Interior.
Sec. 1203.  Notwithstanding section 1101, the level for
each of the following accounts shall be as follows:
``Department of Energy, Energy Efficiency and Renewable
Energy'', $1,814,091,000; ``Department of Energy, Nuclear
Energy'', $759,000,000; ``Department of Energy, Science'',
$4,876,000,000; ``Department of Energy, Advanced Research
Projects Agency--Energy'', $265,000,000, to remain available
until expended.
Sec. 1204.  Notwithstanding section 1101, of the
unobligated balances from prior year appropriations available
under ``Department of Energy, Northeast Home Heating Oil
Reserve'' $6,000,000 are hereby permanently rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 1205. (a) Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Weapons
Activities'' shall be $7,577,341,000.
(b) Section 301(c) of division B of Public Law 112-274
shall not apply to amounts made available by this section.
Sec. 1206.  In addition to amounts otherwise made available
by this division, $110,000,000 is appropriated for
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Defense Nuclear
Nonproliferation'' for domestic uranium enrichment research,
development, and demonstration.
Sec. 1207.  Section 14704 of title 40, United States Code,
shall be applied to amounts made available by this division
by substituting the date specified in section 1106 of this
division for ``October 1, 2012''.

TITLE III

FINANCIAL SERVICES AND GENERAL GOVERNMENT

Sec. 1301. (a) Notwithstanding any other provision of this
division, except section 1106, the District of Columbia may
expend local funds under the heading ``District of Columbia
Funds'' for such programs and activities under title IV of
H.R. 6020 (112th Congress), as reported by the Committee on
Appropriations of the House of Representatives, at the rate
set forth under ``District of Columbia Funds--Summary of
Expenses'' as included in the Fiscal Year 2013 Budget Request
Act of 2012 (D.C. Act 19-381), as modified as of the date of
the enactment of this division.
(b) Section 803(b) of the Financial Services and General
Government Appropriations Act, 2012 (division C of Public Law
112-74; 125 Stat. 940) is amended by striking ``November 1,
2012'' and inserting ``November 1, 2013''.
Sec. 1302.  Notwithstanding section 1101, the level for
``District of Columbia, Federal Funds, Federal Payment for
Emergency Planning and Security Costs in the District of
Columbia'' shall be $24,700,000, of which not less than
$9,800,000 shall be used for costs associated with the
Presidential Inauguration.
Sec. 1303.  Notwithstanding section 1101, the fifth proviso
under the heading ``Federal Communications Commission,
Salaries and Expenses'' in division C of Public Law 112-74
shall be applied by substituting ``$98,739,000'' for
``$85,000,000''.
Sec. 1304.  Notwithstanding any other provision of this
division, amounts made available by section 1101 for
``Department of the Treasury, Departmental Offices, Salaries
and Expenses'' and ``Department of the Treasury, Office of
Inspector General, Salaries and Expenses'' may be used for
activities in connection with section 1602(e) of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012 (subtitle F of title I of division A of Public
Law 112-141).

[[Page S1662]]

Sec. 1305.  Notwithstanding section 1101, the level for
``Office of Government Ethics, Salaries and Expenses'' shall
be $18,664,000, of which $5,000,000 shall be for development
and deployment of the centralized, publicly accessible
database required in section 11(b) of the STOCK Act (Public
Law 112-105).
Sec. 1306.  Notwithstanding section 1101, the level for
``Small Business Administration, Business Loans Program
Account'' for the cost of guaranteed loans as authorized by
section 7(a) of the Small Business Act and section 503 of the
Small Business Investment Act of 1958 shall be $333,600,000.
Sec. 1307.  Of the unobligated balances available for
``Department of the Treasury, Treasury Forfeiture Fund'',
$950,000,000 are rescinded.
Sec. 1308.  Notwithstanding section 1101, the Community
Development Financial Institutions Fund is authorized during
Fiscal Year 2013 to guarantee bonds and notes pursuant
section 114A of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et seq.):
Provided, That no funds appropriated by this Act for
``Department of the Treasury--Community Development Financial
Institutions Fund Program Account'' shall be available for
the cost, if any, of guaranteed loans (as defined in section
502 of the Congressional Budget Act of 1974) pursuant to
section 114A of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et seq.)
to subsidize total loan principal not to exceed $500,000,000.
Sec. 1309.  Sections 9503(a), 9504(a) and (b), and 9505(a)
of title 5, United States Code, are amended by striking
``Before July 23, 2013'' each place it occurs and inserting
``Before September 30, 2013''.
Sec. 1310.  Notwithstanding section 1101, the level for
``Executive Office of The President and Funds Appropriated to
the President, Partnership Fund for Program Integrity
Innovation'' shall be $0.
Sec. 1311.  Notwithstanding section 1101, the level for
``The Judiciary, Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services'' shall be
$1,040,000,000.
Sec. 1312. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), as
amended, is amended--
(1) in the third sentence (relating to the district of
Kansas), by striking ``21 years or more'' and inserting ``22
years and 6 months or more''; and
(2) in the seventh sentence (relating to the district of
Hawaii), by striking ``18 years or more'' and inserting ``19
years and 6 months or more''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, The Judiciary, The District of
Columbia, and Independent Agencies Appropriations Act of 2006
(Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
district of Missouri) by inserting ``and 6 months'' after
``20 years''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note) is amended--
(1) by inserting after ``authorized by this subsection''
the following: ``, except in the case of the central district
of California and the western district of North Carolina'';
(2) by striking ``10 years'' and inserting ``11 years'';
and
(3) by adding at the end the following: ``The first vacancy
in the office of district judge in the central district of
California occurring 10 years and 6 months or more after the
confirmation date of the judge named to fill the temporary
district judgeship created in that district by this
subsection, shall not be filled. The first vacancy in the
office of district judge in the western district of North
Carolina occurring 10 years or more after the confirmation
date of the judge named to fill the temporary district
judgeship created in that district by this subsection, shall
not be filled.''.
Sec. 1313.  Notwithstanding section 1101 of this division
or division A, the level for the ``Commodity Futures Trading
Commission'' shall be the level specified under Public Law
112-55 and the authorities and conditions, including
comparable periods of availability, provided under such
Public Law shall apply to such appropriation.
Sec. 1314.  Notwithstanding section 1101, the level for
``Federal Deposit Insurance Corporation, Office of the
Inspector General'' shall be $34,568,000.

TITLE IV

INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

Sec. 1401.  Notwithstanding section 1101, the levels for
the following appropriations of the Department of the
Interior shall be:
(a) $950,757,000 for ``Bureau of Land Management,
Management of Lands and Resources'':  Provided, That the
amounts included under such heading in division E of Public
Law 112-74 shall be applied to funds appropriated by this
division by substituting ``$950,757,000'' for
``$961,900,000'' the second place it appears;
(b) $0 for ``Bureau of Land Management, Construction'';
(c) $1,213,915,000 for ``United States Fish and Wildlife
Service, Resource Management'';
(d) $19,136,000 for ``United States Fish and Wildlife
Service, Construction'';
(e) $2,214,202,000 for ``National Park Service, Operation
of the National Park Service'';
(f) $131,173,000 for ``National Park Service,
Construction'';
(g) $105,910,000 for ``Bureau of Indian Affairs,
Construction'';
(h) $84,946,000 for ``Insular Affairs, Assistance to
Territories'':  Provided, That the matter under such heading
in division E of Public Law 112-74 shall be applied to funds
appropriated by this division as follows: by substituting
``$75,684,000'' for ``$78,517,000''; and by substituting
``$9,262,000'' for ``$9,480,000'';
(i) $146,000,000 for ``Office of the Special Trustee for
American Indians, Federal Trust Programs''; and
(j) $726,473,000 for ``Department-wide Programs, Wildland
Fire Management'':  Provided, That of the amounts made
available by section 140(b) of Public Law 112-175 (126 Stat.
1321), $7,500,000 are rescinded.
Sec. 1402.  The contract authority provided for fiscal year
2013 by 16 U.S.C. 460l-10a is rescinded.
Sec. 1403.  Section 10101(a) of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f(a)), as amended by
section 430 of the Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2012 (division E of
Public Law 112-74; 125 Stat. 1047), is further amended--
(1) in paragraph (1) in the first sentence, by striking
``on'' the first place it appears and inserting ``before,
on,''; and
(2) in paragraph (2)--
(A) by striking ``located'' the second place it appears;
(B) by inserting at the end of the following: ``Such claim
maintenance fee shall be in lieu of the assessment work
requirement contained in the Mining Law of 1872 (30 U.S.C. 28
to 28e) and the related filing requirements contained in
section 314(a) and (c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1744(a) and (c)).''; and
(C) by striking ``(a)'' in the first sentence and inserting
``(a)(1)''.
Sec. 1404. (a) Division II of Public Law 104-333 (16 U.S.C.
461 note) is amended in each of sections 107, 208, 310, 408,
507, 607, 707, 809, and 910, by striking ``2012'' and
inserting ``2013''.
(b) Effective on October 12, 2012, section 7 of Public Law
99-647, as amended by section 702(d) of Public Law 109-338
and section 1767 of Public Law 112-10, is further amended by
striking ``the date'' and all that follows and inserting
``September 30, 2013''.
(c) Section 12 of Public Law 100-692 (16 U.S.C. 461 note)
is amended--
(1) in subsection (c)(1), by striking ``2012'' and
inserting ``2013''; and
(2) in subsection (d), by striking ``the date that is 5
years after the date of enactment of this sub section'' and
inserting ``September 30, 2013''.
(d) Section 108 of Public Law 106-278 (16 U.S.C. 461 note)
is amended by striking ``2012'' and inserting ``2013''.
Sec. 1405.  Notwithstanding section 1101, the levels for
the following appropriations of the Environmental Protection
Agency shall be:
(a) $785,291,000 for ``Science and Technology'';
(b) $2,651,440,000 for ``Environmental Programs and
Management'';
(c) $1,176,431,000 for ``Hazardous Substance Superfund'':
Provided, That the matter under such heading in division E of
Public Law 112-74 shall be applied to funds appropriated by
this division as follows: by substituting ``$1,176,431,000''
for ``$1,215,753,000'' the second place it appears; and by
substituting ``September 30, 2012'' for ``September 30,
2011''; and
(d) $3,579,094,000 for ``State and Tribal Assistance
Grants'':  Provided, That the amounts included under such
hearing in division E of Public Law 112-74 shall be applied
to fund appropriated by this division as follows: by
substituting ``$1,451,791,000'' for ``$1,468,806,000''; by
substituting ``$908,713,000'' for ``$919,363,000''; and by
substituting ``$19,952,000'' for ``$30,000,000''.
Sec. 1406. (a) Of the unobligated balances available to the
Environmental Protection Agency under the following headings
from prior appropriation Acts, the following amounts are
rescinded:
(1) ``Hazardous Substance Superfund'', $15,000,000.
(2) ``State and Tribal Assistance Grants'', $35,000,000, as
follows:
(A) $10,000,000 from unobligated Brownfields balances.
(B) $5,000,000 from unobligated categorical grant balances.
(C) $10,000,000 from unobligated Drinking Water State
Revolving Funds balances.
(D) $10,000,000 from unobligated Clean Water State
Revolving Funds balances.
(b) No amounts may be rescinded under subsection (a) from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 1407.  Notwithstanding subsection (d)(2) of section 33
of the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136w-8), the Administrator of the Environmental
Protection Agency may assess pesticide registration service
fees under such section for fiscal year 2013.
Sec. 1408.  Notwithstanding section 1101, the levels for
the following appropriations of the Department of Agriculture
shall be:
(a) $1,536,596,000 for ``Forest Service, National Forest
System'';
(b) $369,800,000 for ``Forest Service, Capital Improvement
and Maintenance''; and
(c) $1,971,390,000 for ``Forest Service, Wildland Fire
Management''.

[[Page S1663]]

Sec. 1409.  Notwithstanding section 1101, the levels for
the following appropriations of the Department of Health and
Human Services shall be:
(a) $3,914,599,000 for ``Indian Health Service, Indian
Health Services''; and
(b) $441,605,000 for ``Indian Health Service, Indian Health
Facilities''.
Sec. 1410.  Notwithstanding section 1101, the level for
``Smithsonian Institution, Salaries and Expenses'' shall be
$640,512,000.
Sec. 1411.  Notwithstanding section 1101, the level for
``Advisory Council on Historic Preservation, Salaries and
Expenses'' shall be $7,023,000:  Provided, That of the funds
appropriated herein, $1,300,000, to remain available until
expended, may be used for expenses related to the relocation
from the Old Post Office Building.
Sec. 1412.  Notwithstanding section 1101, the level for
``Presidio Trust, Presidio Trust Fund'' shall be $0.
Sec. 1413.  Notwithstanding section 1101, the level for
``Dwight D. Eisenhower Memorial Commission, Salaries and
Expenses'' shall be $1,050,000 and the level for ``Dwight D.
Eisenhower Memorial Commission, Capital Construction'' shall
be $0:  Provided, That section 8162(m) of the Department of
Defense Appropriations Act, 2000 (40 U.S.C. 8903 note; Public
Law 106-79), as added by section 8120 (a) of Public Law 107-
117 (115 Stat. 2273), is amended by adding at the end the
following:
``(3) Expiration.--Any reference in section 8903(e) of
title 40, U.S.C. to the expiration at the end of, or
extension beyond, a 7-year period shall be considered to be a
reference to an expiration on, or extension beyond, September
30, 2013.''.
Sec. 1414.  Notwithstanding section 1101, section 408 of
division E of Public Law 112-74 (125 Stat. 1038) shall be
applied to funds appropriated by this division by
substituting ``112-10, and 112-74'' for ``112-10'' and by
substituting ``2012'' for ``2011''.
Sec. 1415.  The authority provided by section 331 of the
Department of the Interior and Related Agencies
Appropriations Act, 2000 (enacted by reference in section
1000(a)(3) of Public Law 106-113; 16 U.S.C. 497 note) shall
continue in effect through the date specified in section 1106
of this division.

TITLE V

LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES

(including transfer of funds)

Sec. 1501.  Of the funds available to the Department of
Labor, Employment and Training Administration in this or any
other Act making appropriations that remain unobligated as of
the date of enactment of this Act, up to $30,000,000 may be
transferred to ``Department of Labor, Employment and Training
Administration, Office of Job Corps'' for Job Corps
operations for program years 2012 and 2013 and shall be in
addition to any other amounts available to the Office of Job
Corps for such purposes:  Provided, That not less than
$10,000,000 shall be transferred within 30 days of enactment
of this Act to support Job Corps operations for the program
year ending June 30, 2013:  Provided further, That not later
than 15 days after any transfer has been made under the
authority of this section, the Secretary of Labor shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate that details the
source of the transferred funds, the specific programs,
projects, or activities for which such funds will be used,
provides a detailed explanation of the need for such
transfer, and itemizes the cost saving measures implemented
by the Office of the Job Corps during Program Years 2012 and
2013 and the savings gained by implementing each initiative.
Sec. 1502.  Notwithstanding section 1101, the level which
may be expended from the Employment Security Administration
Account of the Unemployment Trust Fund for administrative
expenses of ``Department of Labor, Employment and Training
Administration, State Unemployment Insurance and Employment
Service Operations'' shall be $3,940,865,000 (which includes
all amounts available to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper
payment reviews), of which $3,115,142,000 shall be for grants
to the States for the administration of State unemployment
insurance laws under paragraph (1). For the purposes of this
section, the first proviso under this heading in Public Law
112-74 shall be applied by substituting ``2013'' and
``4,585,000'' for ``2012'' and ``4,832,000'', respectively.
Sec. 1503.  Notwithstanding section 1101, language under
the heading ``Department of Labor, Mine Safety and Health
Administration, Salaries and Expenses'' in Public Law 112-74
shall be applied to funds appropriated by this Act by
substituting ``is authorized to collect and retain up to
$2,499,000'' for ``may retain up to $1,499,000''.
Sec. 1504.  Notwithstanding section 1101, the level for
``Department of Labor, Veterans Employment and Training''
shall be $264,436,000, of which $226,251,000 shall be derived
from the Employment Security Administration Account in the
Unemployment Trust Fund:  Provided, That the level provided
under such heading for Veterans Workforce Investment Program
grants shall be used for the Transition Assistance Program
and activities authorized by the VOW to Hire Heroes Act of
2011, shall be available through September 30, 2013, and
shall be in addition to any other funds available for those
purposes:  Provided further, That of the level provided under
such heading, not less than $14,000,000 shall be for the
Transition Assistance Program, and $3,414,000 shall be for
the National Veterans' Employment and Training Services
Institute.
Sec. 1505.  All funds provided for the Health Centers
program, as defined by section 330 of the Public Health
Service Act, by this Act or any other Act providing
appropriations for fiscal year 2013 shall be obligated by the
Secretary of Health and Human Services by September 30, 2013,
of which $48,000,000 shall be awarded for base grant
adjustments.
Sec. 1506.  The Director of the Centers for Disease Control
and Prevention (hereafter referred to in this division as
``CDC'') may detail CDC staff without reimbursement for up to
30 days to support an activation of the CDC Emergency
Operations Center, so long as the Director provides
notification within 15 days of the use of this authority and
a full report to the Committees on Appropriations of the
House of Representatives and the Senate within 30 days after
the use of this authority, which includes the number of staff
and funding level broken down by the originating center and
number of days detailed:  Provided, That the annual
reimbursement cannot exceed $3,000,000 across CDC.

(including transfer of funds)

Sec. 1507.  To facilitate the implementation of the
permanent Working Capital Fund (``WCF'') authorized in Public
Law 112-74, on or after October 1, 2013, unobligated balances
of amounts appropriated for business services for fiscal year
2013 shall be transferred to the WCF:  Provided, That on or
after October 1, 2013, the CDC shall transfer other amounts
available for business services to other CDC appropriations
consistent with the benefit each appropriation received from
the business services appropriation in fiscal year 2013:
Provided further, That assets purchased with funds
appropriated for or reimbursed to business services in this
or any other Act may be transferred to the WCF and customers
billed for depreciation of those assets:  Provided further,
That CDC shall, consistent with the authorities provided in
42 U.S.C. 231, ensure that the WCF is used only for
administrative support services and not for programmatic
activity funding:  Provided further, That CDC shall notify
the Committees on Appropriations of the House of
Representatives and the Senate not later than 15 days prior
to any transfer made under the authority provided in this
section.

(including transfer of funds)

Sec. 1508.  Notwithstanding section 1101, the level for
``Department of Health and Human Services, National
Institutes of Health, Office of the Director'' shall be
$1,528,181,000:  Provided, That the fourth proviso under such
heading shall be applied to funds appropriated by this Act by
substituting the following: ``: Provided further, That
$165,000,000 shall be for the National Children's Study
(NCS), except that not later than July 15, 2013 the Director
shall estimate the amount needed for the NCS during fiscal
year 2013, taking into account the succeeding proviso, and
any funds in excess of the estimated need shall be
transferred to and merged with the accounts for the various
Institutes and Centers of NIH in proportion to their shares
of total NIH appropriations made by this Act: Provided
further, That the Director shall contract with the National
Academy of Sciences within 60 days of enactment of this Act
to appoint an expert Institute of Medicine/National Research
Council (IOM/NRC) panel to conduct a comprehensive review and
issue a report regarding proposed methodologies for the NCS
Main Study, including whether such methodologies are likely
to produce scientifically sound results that are
generalizable to the United States population and appropriate
sub-populations: Provided further, That no contracts shall be
awarded for conducting the Main Study until at least 60 days
after the IOM/NRC report has been available to the public:''.
Sec. 1509.  Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for
Children and Families, Refugee and Entrant Assistance'' shall
be $1,016,000,000.
Sec. 1510.  Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for
Children and Families, Payments to States for the Child Care
and Development Block Grant'' shall be $2,328,313,000:
Provided, That in addition to the amounts required to be
reserved by the States under section 658G of the Child Care
and Development Block Grant Act, $297,078,000 shall be
reserved by the States for activities authorized under
section 658G of such Act, of which $108,950,000 shall be for
activities that improve the quality of infant and toddler
care.
Sec. 1511.  In addition to amounts otherwise made available
by section 1101, $33,500,000 is appropriated for ``Department
of Health and Human Services, Administration for Children and
Families, Children and Families Services'' for making
payments under the Head Start Act:  Provided, That
notwithstanding section 640 of such Act, up to $25,000,000 of
such funds shall be available for allocation by the Secretary
to supplement activities described in paragraphs (7)(B) and
(9) of section 641(c) of the Head Start Act under the
Designation Renewal System, established under the authority
of sections 641(c)(7), 645A(b)(12) and 645A(d) of such Act:
Provided further, That amounts allocated to Head Start
grantees at the discretion of the Secretary to supplement
activities pursuant to the previous proviso shall not be
included in the calculation of the ``base grant'' in
subsequent fiscal years, as such term is used in section
640(a)(7)(A) of the Head Start Act.

[[Page S1664]]

Sec. 1512.  Notwithstanding section 1101, the level for
``Department of Health and Human Services, Office of the
Secretary, Public Health and Social Services Emergency Fund''
shall be increased by $17,000,000 for expenses necessary for
replacement of building leases and associated renovation
costs for Public Health Service agencies and other components
of the Department of Health and Human Services, including
relocation and fit-out costs, to remain available until
expended.
Sec. 1513.  Of the amount provided by section 1101 for
``Department of Education, Safe Schools and Citizenship
Education'' for subpart 2 of part A of title IV of the
Elementary and Secondary Education Act of 1965, $3,000,000,
to remain available until expended, shall be for the Project
School Emergency Response to Violence program to provide
education-related services to local educational agencies and
institutions of higher education in which the learning
environment has been disrupted due to a violent or traumatic
crisis.
Sec. 1514.  Notwithstanding section 1101, the provisos
under the heading ``Department of Education--Special
Education'' shall be applicable as if the following four
provisos were inserted after the first proviso: ``: Provided
further, That the Secretary shall distribute to all other
States (as that term is defined in section 611(g)(2)),
subject to the third proviso, any amount by which a State's
allocation under section 611(d), from funds appropriated
under this heading, is reduced under section 612(a)(18)(B),
in accordance with section 611(d)(3)(A)(i)(II) and (III)
without regard to section 611(d)(3)(A)(i)(I) and section
611(d)(3)(B): Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State
whose reduction in allocation from funds appropriated under
this heading made funds available for such a distribution:
Provided further, That the States shall allocate such funds
distributed under the second preceding proviso to local
educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under
section 612(a)(18)(B) and the amounts distributed to States
under the previous provisos from funds appropriated for
fiscal year 2012 or any subsequent year shall not be
considered in calculating the awards under section 611(d) for
fiscal year 2013 or for any subsequent fiscal years:''.
Sec. 1515.  Of the amount provided by section 1101 for
``Department of Education, Higher Education'' for subpart 2
of part A of title VII of the Higher Education Act of 1965,
up to $4,451,000 shall be available to fund continuation
awards for projects originally supported under subpart 1 of
part A of title VII of such act.
Sec. 1516.  Notwithstanding section 1101, the level for
``Railroad Retirement Board, Limitation on Administration''
shall be $111,149,000.
Sec. 1517.  Notwithstanding section 1101, the level for
``Social Security Administration, Supplemental Security
Income Program'' for research and demonstrations under
sections 1110, 1115, and 1144 of the Social Security Act
shall be $17,000,000.
Sec. 1518.  Of the funds made available by section 1101 for
``Social Security Administration, Limitation on
Administrative Expenses'', $23,000,000 shall be for section
1149 of the Social Security Act and $7,000,000 shall be for
section 1150 of the Social Security Act.
Sec. 1519.  Of the funds made available by section 1101 for
``Social Security Administration, Limitation on
Administrative Expenses'' for the cost associated with
continuing disability reviews under titles II and XVI of the
Social Security Act and for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act, $273,000,000 is provided to meet the
terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, and
$483,052,000 is additional new budget authority specified for
purposes of section 251(b)(2)(B) of such Act.
Sec. 1520.  Of the funds made available for the Community-
Based Care Transitions Program under section 3026 of Public
Law 111-148, $200,000,000 are hereby rescinded.
Sec. 1521.  Notwithstanding section 1101, the rescissions
made in sections 522 and 525 of division F of Public Law 112-
74 shall be repeated in this Act with respect to funds
available for fiscal year 2013.
Sec. 1522.  Section 148 of Public Law 112-175 is amended to
read as follows: ``Activities authorized by part A of title
IV and section 1108(b) of the Social Security Act (except for
activities authorized in section 403(b) of such Act) shall
continue through September 30, 2013, in the manner authorized
for fiscal year 2012, and out of any money in the Treasury of
the United States not otherwise appropriated, there are
hereby appropriated such sums as may be necessary for such
purpose.''.

TITLE VI

LEGISLATIVE BRANCH

Sec. 1601.  Notwithstanding any other provision of this
Act, for a payment to Irene Hirano Inouye, widow of Daniel K.
Inouye, late a Senator from Hawaii, $193,400.
Sec. 1602.  Notwithstanding section 1101, the level for
``Joint Congressional Committee On Inaugural Ceremonies of
2013'' shall be $0.
Sec. 1603.  Notwithstanding section 1101, the level for
``Capitol Police, General Expenses'' shall be $62,004,000.
Sec. 1604.  Notwithstanding section 1101, the level of
funding for ``Architect of the Capitol, General
Administration'' shall be $97,340,000.
Sec. 1605. (a) Notwithstanding section 1104, of the amounts
made available by section 1101 for accounts under the heading
``Architect of the Capitol'', the Architect of the Capitol
may transfer an aggregate amount of not more than $61,247,000
to ``Architect of the Capitol, Capitol Building'', solely for
expenses related to the rehabilitation of the United States
Capitol Dome.
(b) The transfer of amounts under the authority of
subsection (a) shall be subject to the approval of the
Committees on Appropriations of the House of Representatives
and Senate.
(c) Any amounts transferred under the authority of
subsection (a) shall remain available until expended.
Sec. 1606. (a) Notwithstanding section 1101, available
balances of expired Architect of the Capitol appropriations
shall be available to the Architect of the Capitol to make
the deposit to the credit of the Employees' Compensation Fund
required by section 8147(b) of title 5, United States Code.
(b) Effective Date.--This section shall apply with respect
to appropriations for fiscal year 2013 and each year
thereafter.
Sec. 1607.  Notwithstanding section 1101, the level for
``Library of Congress, Copyright Office, Salaries and
Expenses'' shall be $737,000 under the first proviso, and
shall be $34,250,000 under the fourth proviso.
Sec. 1608.  Notwithstanding section 1101, the level for
``Government Printing Office, Congressional Printing and
Binding'' shall be $83,632,000; ``Government Printing Office,
Government Printing Office Revolving Fund'' shall be
$4,000,000.
Sec. 1609.  Notwithstanding section 1101, the level for
``Government Printing Office, Office of Superintendent of
Documents, Salaries and Expenses'' shall be $31,500,000 and
the amounts authorized for producing and disseminating
Congressional serial sets and other related publications to
depository and other designated libraries shall apply to
publications for fiscal years 2011 and 2012.
Sec. 1610.  Notwithstanding section 1101, the level for
``Government Accountability Office, Salaries and Expenses''
shall be $506,282,000, the amount applicable under the first
proviso under that heading shall be $26,404,000.
Sec. 1611. (a) In General.--Available balances of expired
Government Accountability Office appropriations shall be
available to the Government Accountability Office to make the
deposit to the credit of the Employees' Compensation Fund
required by section 8147(b) of title 5 United States Code.
(b) Effective Date.--This section shall apply with respect
to fiscal year 2013 and each fiscal year thereafter.
Sec. 1612.  Notwithstanding section 1101, the level for
``Open World Leadership Center Trust Fund'' shall be
$8,000,000.

TITLE VII

DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

Sec. 1701. (a) Notwithstanding section 1101, the amounts
included under the heading ``Embassy Security, Construction,
and Maintenance'' under title I in division I of Public Law
112-74 shall be applied to funds appropriated by this
division as follows: by substituting ``$938,125,000'' for
``$762,000,000'' in the first paragraph; and by substituting
``$688,499,000'' for ``$775,000,000'' in the second
paragraph.
(b) Notwithstanding section 1101, the levels for the
following accounts under title I in division I of Public Law
112-74 shall be applied to funds appropriated by this
division as follows: ``Contributions for International
Peacekeeping Activities'', $2,006,499,000; ``International
Boundary and Water Commission, United States and Mexico,
Salaries and Expenses'', $43,499,000; ``International
Boundary and Water Commission, United States and Mexico,
Construction'', $27,675,000; ``American Sections,
International Commissions'', $11,923,000; ``International
Fisheries Commissions'', $34,617,000; ``Commission for the
Preservation of America's Heritage Abroad, Salaries and
Expenses'', $606,000; ``United States Commission on
International Religious Freedom, Salaries and Expenses'',
$2,932,000; ``Commission on Security and Cooperation in
Europe, Salaries and Expenses'', $2,443,000; ``Congressional-
Executive Commission on the People's Republic of China,
Salaries and Expenses'', $1,906,000; and ``United States-
China Economic and Security Review Commission, Salaries and
Expenses'', $3,312,000.
Sec. 1702. (a) Notwithstanding section 1101, the amounts
included under the heading ``Global Health Programs'' under
title III in division I of Public Law 112-74 shall be applied
to funds appropriated by this division as follows: by
substituting in the first sentence in the first paragraph
``$2,755,950,000'' for ``$2,625,000,000''; by substituting in
the first sentence in the second paragraph ``$5,720,499,000''
for ``$5,542,860,000''; and by substituting in the second
proviso in the second paragraph ``$1,650,000,000'' for
``$1,050,000,000''.
(b) Notwithstanding section 1101, the amounts included
under the heading ``Economic Support Fund'' under title III
in division I of Public Law 112-74 shall be applied to funds
appropriated by this division by inserting after the tenth
proviso and before the period the following: ``: Provided
further, That

[[Page S1665]]

not less than $325,400,000 of the funds appropriated under
this heading shall be transferred to, and merged with, funds
appropriated under the heading `Development Assistance' in
this Act''.
Sec. 1703. (a) Notwithstanding section 1101, the sixth
proviso under the heading ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'' in division I of Public Law
112-74 shall be applied to funds appropriated by this
division by substituting the following: ``Provided further,
That funds made available for demining, conventional weapons
destruction, and related activities, in addition to funds
otherwise made available for such purposes, may be used for
administrative expenses related to the operation and
management of demining, conventional weapons destruction, and
related programs''.
(b) Notwithstanding section 1101, the first sentence under
the heading ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'' in division I of Public Law 112-74 shall
be applied to funds appropriated by this division by
inserting ``to remain available until September 30, 2014,''
after ``$590,113,000,''.
(c) Notwithstanding section 1101, the third proviso under
the heading ``International Security Assistance, Department
of State, Peacekeeping Operations'' in division I of Public
Law 112-74 shall be applied to funds appropriated by this
division by substituting ``$161,000,000'' for ``$91,818,000''
and ``2014'' for ``2013''.
(d) Notwithstanding section 1101, the amounts included in
the first paragraph under the heading ``Foreign Military
Financing Program'' under title IV in division I of Public
Law 112-74 shall be applied to funds appropriated by this
division by substituting in the second proviso
``$3,100,000,000'' for ``$3,075,000,000'' and by substituting
in the fourth proviso ``$815,300,000'' for ``$808,725,000''.
Sec. 1704. (a) Notwithstanding section 1101, the levels for
the following accounts under title V in division I of Public
Law 112-74 shall be as follows: ``Global Environment
Facility'', $129,400,000; ``Contribution to the International
Bank for Reconstruction and Development'', $186,957,000;
``Contribution to the Enterprise for the Americas
Multilateral Investment Fund'', $15,000,000; and in the first
paragraph under ``Contribution to the International
Development Association'', $1,358,500,000; and ``Contribution
to the Inter-American Development Bank'', $111,153,000.
(b) Notwithstanding section 1101, the level for the
following accounts shall be $0: ``Multilateral Assistance,
International Financial Institutions, European Bank for
Reconstruction and Development, Limitation on Callable
Capital Subscriptions''; ``Bilateral Economic Assistance,
Funds Appropriated to the President, Assistance for Europe,
Eurasia and Central Asia''; and ``International Security
Assistance, Funds Appropriated to the President, Pakistan
Counterinsurgency Capability Fund''.
(c) Notwithstanding section 1101, the level for the second
paragraphs for the following accounts under title V in
division I of Public Law 112-74 shall be $0: ``Contribution
to the International Development Association'';
``Contribution to the Inter-American Development Bank''; and
``Contribution to the African Development Fund''.
(d) Section 70 of the Bretton Woods Agreements Act (22
U.S.C. 286 et seq.), is amended in subsection (b) by adding
at the end the following:
``(3) In order to pay for the increase in the United States
subscription to the Bank under subsection (a)(1)(B), there
are authorized to be appropriated, without fiscal year
limitation, $4,639,501,466 for payment by the Secretary of
the Treasury.
``(4) Of the amount authorized to be appropriated under
paragraph (3), $278,370,088 shall be for paid in shares of
the Bank, and $4,361,131,378 shall be for callable shares of
the Bank.''.
Sec. 1705.  Of the unexpended balances available under the
heading ``Export and Investment Assistance, Export-Import
Bank of the United States, Subsidy Appropriation'' from prior
Acts making appropriations for the Department of State,
foreign operations, and related programs, $400,000,000 are
rescinded.
Sec. 1706. (a) Notwithstanding section 1101, section 7006
in division I of Public Law 112-74 shall be applied to funds
appropriated by this division by substituting ``Afghanistan,
Pakistan, and other hostile or high-risk areas'' for
``Afghanistan, and Pakistan''.
(b) Notwithstanding section 1101, the amount included in
section 7034(f) in division I of Public Law 112-74 shall be
applied to funds appropriated by this division by
substituting ``$100,000,000'' for ``$50,000,000''.
(c) Notwithstanding section 1101, section 7054(b) in
division I of Public Law 112-74 shall be applied to funds
appropriated by this division by inserting before the period
in paragraph (2) ``; or (3) such assistance, license, sale,
or transfer is for the purpose of demilitarizing or disposing
of such cluster munitions''.
(d) Notwithstanding section 1101, section 7063 in division
I of Public Law 112-74 shall be applied to funds appropriated
by this division by substituting ``September 30, 2014'' for
``September 30, 2013''.
(e) Notwithstanding section 1101, sections 7070(a) and
7072(a) in division I of Public Law 112-74 shall be applied
to funds appropriated by this division by substituting
``headings'' for ``heading'' and substituting `` `Global
Health Programs', `Economic Support Fund', and `International
Narcotics Control and Law Enforcement' for `Assistance for
Europe, Eurasia and Central Asia' ''.
(f) Notwithstanding section 1101, section 7070 in division
I of Public Law 112-74 shall be applied to funds appropriated
by this division by adding the following:
``(d) Funds appropriated by this division under the heading
`Economic Support Fund' may be made available, not
withstanding any other provision of law, for assistance and
related programs for the countries identified in section 3(c)
of the Support for Eastern European Democracy (SEED) Act of
1989 (Public Law 101-179) and section 3 of the FREEDOM
Support Act (Public Law 102-511) and may be used to carry out
the provisions of those Acts:  Provided, That such assistance
and related programs from funds appropriated by this Act
under the headings `Global Health Programs', `Economic
Support Fund', and `International Narcotics Control and Law
Enforcement' shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to
section 601 of the Support for Eastern European Democracy
(SEED) Act of 1989 (Public Law 101-179) and section 102 of
the FREEDOM Support Act (Public Law 102-511), and shall be
made available in amounts consistent with the amounts made
available under the heading `Assistance for Europe, Eurasia
and Central Asia' in fiscal year 2012, in consultation with
the Committees on Appropriations.''.
(g) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is
amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2012'' and
inserting ``2012, and 2013''; and
(B) in subsection (e), by striking ``2012'' each place it
appears and inserting ``2013''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2012'' and inserting ``2013''.
(h) Notwithstanding section 1101, section 7041(h) in
division I of Public Law 112-74 shall be applied to funds
appropriated by this division by including the following
before the period: ``Provided, That prior to obligating funds
made available by this Act for assistance for Syria, the
Secretary of State shall consult with the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives: Provided further, That such funds shall
be subject to the regular notification procedures of the
Committees on Appropriations''.
(i) Notwithstanding section 1101, the fifth proviso under
the heading ``Economic Support Fund'' in division I of Public
Law 112-74 shall be applied to funds appropriated by this
division by substituting: ``Provided further, That funds
appropriated under this heading in this Act may be made
available for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of loan guarantees for
Jordan and'' for ``Provided further, That up to $30,000,000
of the funds appropriated for fiscal year 2011 under this
heading in Public Law 112-10, division B, may be made
available for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of loan guarantees for''.
Sec. 1707. (a) Notwithstanding section 1101, the levels for
the following accounts under title VIII in division I of
Public Law 112-74 shall be as follows: ``Diplomatic and
Consular Programs'', $3,210,650,000, of which $918,435,000 is
for Worldwide Security Protection (to remain available until
expended); and ``Embassy Security, Construction, and
Maintenance'', $1,272,200,000, of which $1,261,400,000 is for
the costs of worldwide security upgrades, acquisition, and
construction, as authorized:  Provided, That funds made
available under this subsection shall be used for operations
at high threat posts, security programs to protect personnel
and property under Chief of Mission authority, preventing the
compromise of classified United States Government information
and equipment, and security construction or upgrade
requirements at Department of State facilities worldwide,
including for Worldwide Security Upgrades.
(b) Of the unobligated balances from funds appropriated
under title VIII in division I of Public Law 112-74 under the
heading ``Diplomatic and Consular Programs'' and designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
$1,109,700,000 are rescinded.
(c) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations providing an assessment of security
requirements at United States diplomatic facilities
worldwide, including those facilities considered
expeditionary in nature; a comprehensive plan for addressing
such requirements; and a detailed description of Embassy
security improvements to be supported from funds made
available by this section:  Provided, That such report shall
be submitted in unclassified form, but may include a
classified annex.
(d) Notwithstanding section 1101, the amounts included
under the heading ``Office of Inspector General'' under title
VIII in division I of Public Law 112-74 shall be applied to
funds appropriated by this division as follows: by
substituting ``$59,151,000'' for ``$67,182,000'', and by
substituting ``$6,000,000'' for ``$19,545,000'' for the
Special Inspector General for Iraq Reconstruction; and by
substituting ``$49,901,000'' for ``$44,387,000'' for the
Special Inspector General for Afghanistan Reconstruction.

[[Page S1666]]

(e) Notwithstanding section 1101, the levels for the
following accounts under title VIII in division I of Public
Law 112-74 shall be as follows: ``International Disaster
Assistance'', $774,661,000; ``Migration and Refugee
Assistance'', $1,152,850,000; and ``Economic Support Fund'',
$3,119,896,000.
Sec. 1708.  Notwithstanding section 1101, title VIII of
division I of Public Law 112-74 shall be applied to funds
appropriated by this division by inserting the following at
the end of section 8004:
``Sec. 8005.  Funds appropriated by this title under the
headings `Diplomatic and Consular Programs', `Embassy
Security, Construction, and Maintenance', and `Educational
and Cultural Exchange Programs' may be transferred to, and
merged with, funds appropriated by this title under such
headings:  Provided, That such transfers shall be subject to
the regular notification procedures of the Committees on
Appropriations:  Provided further, That the transfer
authority in this section is in addition to any transfer
authority otherwise available under any other provision of
law.
``Sec. 8006.  Funds appropriated by this title shall be
made available for assistance for Jordan, in addition to
amounts otherwise made available by this Act.''.

TITLE VIII

TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES

Sec. 1801. (a) Notwithstanding sections 1101 and 1104, the
level for limitations on obligation and liquidation of
contract authority shall be available in the following
accounts equal to the level of the contract authority subject
to such limitation appropriated out of the Highway Trust Fund
in Sections 1101, 1105, 1107, 1110, 1121, 31101, 32603, and
51001 of Public Law 112-141 for fiscal year 2013:
(1) ``Department of Transportation--Federal Highway
Administration--Limitation on Administrative Expenses'';
(2) ``Department of Transportation--Federal Highway
Administration--Federal-Aid Highways--(Limitation on
Obligations)--(Highway Trust Fund)--(Liquidation of Contract
Authorization)--(Highway Trust Fund)'';
(3) ``Department of Transportation--Federal Motor Carrier
Safety Administration--Motor Carrier Safety Operations and
Programs--(Liquidation of Contract Authorization)--
(Limitation on Obligations)--(Highway Trust Fund)'';
(4) ``Department of Transportation--Federal Motor Carrier
Safety Administration--Motor Carrier Safety Grants--
(Liquidation of Contract Authorization)--(Limitation on
Obligations)--(Highway Trust Fund)'';  Provided, Section 131
of Division C of Public Law 112-55 is hereby deleted; and
(5) ``Department of Transportation--National Highway
Traffic Safety Administration--Operations and Research--
(Liquidation of Contract Authorization)--(Limitation on
Obligations)--(Highway Trust Fund)''.
(b) Section 120 of division C of Public Law 112-55 shall
not apply to amounts made available by this division.
(c) During the period covered by this division, section
1102 of Public Law 112-141 shall be applied--
(1) in subsection (b)(10), as if the limitation applicable
through fiscal year 2011 applied through fiscal year 2012;
and
(2) in subsection (c)(5), by treating the reference to
section 204 of title 23, United States Code, as a reference
to sections 202 and 204 of such title.
Sec. 1802.  Notwithstanding sections 1101 and 1104, the
language under the heading ``Department of Transportation--
National Highway Traffic Safety Administration--Highway
Traffic Safety Grants--(Liquidation of Contract
Authorization)--(Limitation on Obligations)--(Highway Trust
Fund)'' shall be applied to funds made available by this Act
as if the language read as follows: ``For payment of
obligations incurred in carrying out the provisions of 23
U.S.C. 402 and 405, section 2009 of Public Law 109-59 (as
amended by section 31106 of Public Law 112-141), and section
31101(a)(6) of Public Law 112-141, $554,500,000, to remain
available until expended, to be derived from the Highway
Trust Fund (other than the Mass Transit Account): Provided,
That none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for
which, in fiscal year 2013, are in excess of $554,500,000 for
programs authorized under 23 U.S.C. 402 and 405, section 2009
of Public Law 109-59 (as amended by section 31106 of Public
Law 112-141), and section 31101(a)(6) of Public Law 112-141,
of which $235,000,000 shall be for `Highway Safety Programs'
under 23 U.S.C. 402, $29,000,000 shall be for `High
Visibility Enforcement Program' under section 2009 of Public
Law 109-59 (as amended by section 31106 of Public Law 112-
141), $265,000,000 shall be for `National Priority Safety
Programs' under 23 U.S.C. 405, and $25,500,000 shall be for
`Administrative Expenses' under section 31101(a)(6) of Public
Law 112-141: Provided further, That not to exceed $500,000 of
the funds made available for 23 U.S.C. 405 for `Impaired
Driving Countermeasures' (as described in subsection (d) of
such section) shall be available for technical assistance to
the States.''
Sec. 1803. (a) Amounts provided by section 1101 for
``Department of Transportation--Federal Transit
Administration--Formula and Bus Grants--(Liquidation of
Contract Authority)--(Limitation on Obligations)--(Highway
Trust Fund)'' are available for payment of obligations
incurred in the Federal Public Transportation Assistance
Program in this account, and for payment of obligations
incurred in carrying out 49 U.S.C. 5305, 5307, 5310, 5311,
5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340 (as
amended by Public Law 112-141), and 20005(b) of Public Law
112-141:  Provided, That, notwithstanding sections 1101 and
1104, the proviso under such heading shall be applied to
funds provided by this Act as if the proviso read as follows:
``Provided, That funds available for the implementation or
execution of programs authorized by 49 U.S.C. 5305, 5307,
5310, 5311, 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by Public Law 112-141; and 20005(b) of
Public Law 112-141 shall not exceed obligations of
$8,478,000,000.''.
(b) Notwithstanding sections 1101 and 1104, for necessary
administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title
49, United States Code, as amended by Public Law 112-141,
$102,713,000, to remain available until expended, of which
$4,000,000 shall be available to carry out 49 U.S.C. 5329.
(c) Notwithstanding sections 1101 and 1104, amounts
provided for ``Department of Transportation--Federal Transit
Administration--Research and University Research Centers''
shall be available for necessary expenses to carry out 49
U.S.C. 5312-5314 and 5322, as amended by Public Law 112-141:
Provided, That, of the amount provided under this heading,
not less than $35,000,000 shall be available to carry out the
provisions of 49 U.S.C. 5312.
(d) Notwithstanding section 1101, the language under the
heading ``Department of Transportation--Federal Transit
Administration--Capital Investment Grants'' in division C of
Public Law 112-55 shall be applied to funds appropriated by
this Act as if the language: ``, of which $35,481,000'' and
all that follows through the end of the first proviso were
deleted.
(e) Section 601(e)(1)(B) of division B of Public Law 110-
432 shall be applied by substituting the date specified in
section 1106 of this division for ``4 years after such
date''.
Sec. 1804.  Section 112 of division C of Public Law 112-55
shall be applied to funds appropriated by this division by
treating such section as if it were amended by striking ``49
U.S.C. 41742(b) shall not apply, and''.
Sec. 1805.  Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Community
Planning and Development, Homeless Assistance Grants'' shall
be $2,033,000,000:  Provided, That the level for project-
based rental assistance with rehabilitation projects with 10-
year grant terms shall be $0, and any unobligated amounts
appropriated under such heading for such purpose in fiscal
year 2012 or in any prior Act shall be applied in fiscal year
2013 by making any such amounts available for any purpose
under such heading:  Provided further, That the first proviso
shall be applied by striking ``$250,000,000'' and inserting
``$200,000,000''.
Sec. 1806.  Notwithstanding sections 1101 and 1104, the
level for ``Department of Housing and Urban Development,
Public and Indian Housing, Indian Housing Loan Guarantee Fund
Program Account'' shall be $12,200,000:  Provided, the second
proviso under such heading in division C of Public Law 112-55
shall be applied to funds appropriated by this division by
substituting ``$976,000,000'' for ``$360,000,000'';  Provided
further, section 184(d) of the Housing and Community
Development Act of 1992 is amended to read as follows:
``(d)  Guarantee Fee.--The Secretary shall establish and
collect, at the time of issuance of the guarantee, a fee for
the guarantee of loans under this section, in an amount not
exceeding 3 percent of the principal obligation of the loan.
The Secretary may also establish and collect annual premium
payments in an amount not exceeding 1 percent of the
remaining guaranteed balance (excluding the portion of the
remaining balance attributable to the fee collected at the
time of issuance of the guarantee). The Secretary shall
establish the amount of the fees and premiums by publishing a
notice in the Federal Register. The Secretary shall deposit
any fees and premiums collected under this subsection in the
Indian Housing Loan Guarantee Fund established under
subsection (i).''.
Sec. 1807.  Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public and
Indian Housing, Tenant-Based Rental Assistance'' shall be
$14,939,369,000, to remain available until expended, which
shall be available on October 1, 2012 (in addition to the
$4,000,000,000 previously appropriated under such heading
that became available on October 1, 2012), and,
notwithstanding section 1111, an additional $4,000,000,000,
to remain available until expended, shall be available on
October 1, 2013:  Provided, That of the amounts available for
such heading, $1,375,000,000 shall be for activities
specified in paragraph (3) under such heading in title II of
division C of Public Law 112-55:  Provided further, That in
applying paragraph 1 under such heading in such Public Law to
2013, under the penultimate proviso strike ``(4) for
incremental'' and all that follows up to the colon and insert
``(4) for PHAs, that despite taking reasonable cost savings
measures, as determined by the Secretary, would otherwise be
required to terminate participating families from the program
due to insufficient funds''.
Sec. 1808.  The heading ``Department of Housing and Urban
Development, Public and Indian Housing, Housing Certificate

[[Page S1667]]

Fund (rescission)'' in division C of Public Law 112-55 shall
be applied by striking ``(rescission)'' in the heading and by
replacing all of the language under such heading with the
language under such heading in division A of Public Law 111-
117 and by striking ``2010'' in such replacement language and
inserting ``2013''.
Sec. 1809.  Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public and
Indian Housing, Public Housing Operating Fund'' shall be
$4,262,010,000:  Provided, That such heading shall be applied
in fiscal year 2013 by striking ``, of which'' and all that
follows up to the period.
Sec. 1810.  Section 216 in division C of Public Law 112-55
shall be applied in fiscal year 2013 by striking ``September
30, 2012'' and inserting ``September 30, 2013''.

DIVISION G--OTHER MATTERS

Sec. 3001. (a) There is hereby rescinded the applicable
percentage (as specified in subsection (b)) of the budget
authority provided (or obligation limit imposed) for fiscal
year 2013 for any discretionary account in divisions A
through E of this Act; and
(b) For purposes of subsection (a), the applicable
percentage shall be--
(1) for budget authority in the nonsecurity category (as
defined in section 250(c)(4)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, in--
(A) divisions A and E, 2.513. percent; and
(B) division B , 1.877 percent; and
(2) for budget authority in the security category (as
defined in section 250(c)(4)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985), 0.092 percent.
(c) Any rescission made by subsection (a) shall be applied
proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in the applicable appropriation Act
or accompanying reports covering such account or item).
(d) This section shall not apply to amounts designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 or as being
for disaster relief pursuant to section 251(b)(2)(D) of such
Act; and
(e) Within 30 days after the date of the enactment of this
section, the Director of the Office of Management and Budget
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a report specifying the
account and amount of each rescission made pursuant to this
section.
Sec. 3002.  Notwithstanding any other provision of this
Act, if, on or after the date of enactment of this Act, a
sequestration order issued by the President pursuant to
section 251A(7)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is in effect, the reductions in
each discretionary account under such order shall apply to
the amounts provided in this Act consistent with section
253(f) of that Act, and shall be in addition to any
reductions required by section 251(a) of that Act.
Sec. 3003. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2013 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days of the date of a conference held by any
Executive branch department, agency, board, commission, or
office funded by this or any other appropriations Act during
fiscal year 2013 for which the cost to the United States
Government was more than $20,000, the head of any such
department, agency, board, commission, or office shall notify
the Inspector General or senior ethics official for any
entity without an Inspector General, of the date, location,
and number of employees attending such conference.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act to an Executive branch
agency may not be used for the purpose of defraying the costs
of a conference described in subsection (c) that is not
directly and programmatically related to the purpose for
which the grant or contract was awarded, such as a conference
held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded
by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012.
Sec. 3004. (a) If, for fiscal year 2013, the amount of new
budget authority provided in appropriation Acts exceeds the
discretionary spending limits set forth in section 251(c)(2)
of the Balanced Budget and Emergency Deficit Control Act on
new budget authority for any category due to estimating
differences with the Congressional Budget Office, the
Director of the Office of Management and Budget shall
increase the applicable percentage in subsection (c) with
respect to that category by such amount as is necessary to
eliminate the amount of the excess in that category.
(b) Subject to subsection (a), there is hereby rescinded
the applicable percentage (as specified in subsection (c))
of--
(1) the budget authority provided (or obligation limit
imposed) for fiscal year 2013 for any discretionary account
in divisions A through F of this Act;
(2) the budget authority provided in any advance
appropriation for fiscal year 2013 for any discretionary
account in any prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2013 for
any program subject to limitation incorporated or otherwise
contained in divisions A through C of this Act.
(c) For purposes of subsection (b), the applicable
percentage shall be--
(1) for budget authority in the nonsecurity category (as
defined in section 250(c)(4)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985), 0 percent; and
(2) for budget authority in the security category (as
defined in section 250(c)(4)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985), 0 percent.
(d) Any rescission made by subsection (b) shall be applied
proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in the applicable appropriation Act
or accompanying reports covering such account or item).
(e) This section shall not apply to--
(1) amounts designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act; or
(2) the amount made available by division C of this Act for
``Social Security Administration, Limitation on
Administrative Expenses'' for continuing disability reviews
under titles II and XVI of the Social Security Act and for
the cost associated with conducting redeterminations of
eligibility under title XVI of the Social Security Act.
(f) Within 30 days after the date of the enactment of this
section, the Director of the Office of Management and Budget
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a report specifying the
account and amount of each rescission made pursuant to this
section.

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