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H.R. 933 — what changed

Consolidated and Further Continuing Appropriations Act, 2013

From Public Print to Enrolled Bill. 155 sections amended, 234 added, and 25 removed between Public Print and Enrolled Bill.

Section 1 Short title

changed This Act may be cited as the “Department of Defense, Military Construction and Veterans Affairs, “Consolidated and Full-Year Further Continuing Appropriations Act, 2013”.

Sec. 2 Table of contents

changed The table of contents for of this Act is as follows:

added

Sec. 3 References

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

Sec. 4 Explanatory Statement

changed The explanatory statement regarding this Act printed in the House of Representatives Senate section of the Congressional Record on or about March 7, 2013 11, 2013, by the Chairman Chairwoman of the Committee on Appropriations of the House 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.

changed 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 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs and for other purposes, namely:

removed

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

Sec. 701

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds available to the Department of Agriculture for information technology shall be obligated for projects over $25,000 prior to receipt of written approval by the Chief Information Officer.

Sec. 708

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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)
added 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)
added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added There is hereby appropriated $1,996,000 to carry out section 1621 of Public Law 110–246.

Sec. 721

added

added 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)
added The Watershed Rehabilitation program authorized by section 14(h) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h));
(2)
added 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)
added 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)
added 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

added

added 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

added

added 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

added

added There is hereby appropriated $600,000 for the purposes of section 727 of division A of Public Law 112–55.

Sec. 725

added

added 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

added
(a)
added None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), that—
(1)
added creates new programs;
(2)
added eliminates a program, project, or activity;
(3)
added increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;
(4)
added relocates an office or employees;
(5)
added reorganizes offices, programs, or activities; or
(6)
added contracts out or privatizes any functions or activities presently performed by Federal employees;
(b)
added 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)
added augments existing programs, projects, or activities;
(2)
added 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)
added 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)
added 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)
added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

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

Sec. 743

added

added Notwithstanding any other provision of this Act—

(1)
added the amount made available for buildings operations and maintenance expenses in the matter before the first proviso under the heading “Agriculture buildings and facilities and rental payments” under the heading “Agricultural programs” in title I shall be $52,169,000;
(2)
added the amount made available for necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act in the matter before the first proviso under the heading “Food safety and inspection service” under the heading “Agricultural programs” in title I shall be $1,056,427,000; and
(3)
added the amount made available to provide competitive grants to State agencies in the second proviso under the heading “child nutrition programs” under the heading “Food and Nutrition Service” under the heading “Domestic food programs” in title IV shall be $10,000,000.

added

added 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:

Sec. 101

added

added 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

added

added 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

added

added 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

added

added 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

added
(a)
added Section 105(f) of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55) is amended—
(1)
added by striking “paragraph (2)” and inserting “subsection (e)(2)”; and
(2)
added by striking “this subsection” and inserting “subsection (e)”.
(b)
added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added Section 113(b)(3) of division B of Public Law 112–55 is amended by striking “2012” and inserting “2013”.

Sec. 201

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added
(a)
added 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)
added Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs.

Sec. 210

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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)
added 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)
added 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

added

added 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)
added 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)
added 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)
added 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)
added 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

added

added 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

added

added 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

added
(a)
added 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)
added 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)
added 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)
added 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)
added 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)
added Subsections (a) through (d) of this section shall sunset on September 30, 2013.

Sec. 501

added

added No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.

Sec. 502

added

added 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

added

added The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

Sec. 504

added

added 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

added
(a)
added 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)
added 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)
added Subsection (b) of this section shall sunset on September 30, 2013.

Sec. 506

added
(a)
added 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)
added
(1)
added 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)
added The term “promotional items” has the meaning given the term in OMB Circular A–87, Attachment B, Item (1)(f)(3).

Sec. 507

added
(a)
added 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)
added 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)
added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added
(a)
added Tracing studies conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released without adequate disclaimers regarding the limitations of the data.
(b)
added 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)
added 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)
added 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

added
(a)
added 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)
added 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)
added any matter described in section 552(b) of title 5, United States Code; and
(2)
added 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)
added 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)
added Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract.
(e)
added 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

added
(a)
added 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)
added 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

added

added 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

added
(a)
added 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)
added The foregoing exemption from obtaining an export license—
(1)
added 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)
added does not permit the export without a license of—
(A)
added 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)
added 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)
added articles for export from Canada to another foreign destination.
(c)
added 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)
added 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

added

added 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

added

added 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)
added paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement;
(2)
added paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or
(3)
added paragraph 4 of article 15.9 of the United States-Morocco Free Trade Agreement.

Sec. 521

added

added 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

added

added 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

added

added 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

added

added The Departments, agencies, and commissions funded under this Act, shall establish and maintain on the homepages of their Internet websites—

(1)
added a direct link to the Internet websites of their Offices of Inspectors General; and
(2)
added 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

added

added 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.

Sec. 526

added
(a)
added 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)
added “Working Capital Fund”, $26,000,000;
(2)
added “Legal Activities, Assets Forfeiture Fund”, $722,697,000;
(3)
added “Bureau of Alcohol, Tobacco, Firearms and Explosives, Violent Crime Reduction Program”, $1,028,000;
(4)
added “Federal Prison System, Buildings and Facilities”, $64,700,000;
(5)
added “State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and Prosecution Programs”, $12,000,000;
(6)
added “State and Local Law Enforcement Activities, Office of Justice Programs”, $43,000,000; and
(7)
added “State and Local Law Enforcement Activities, Community Oriented Policing Services”, $12,200,000.
(b)
added 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

added

added 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)
added to enforce vigorously its trade laws, including antidumping, countervailing duty, and safeguard laws;
(2)
added to avoid agreements that—
(A)
added lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies; or
(B)
added 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)
added to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market-access barriers.

Sec. 528

added

added 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

added

added 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

added

added 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)
added is not a United States citizen or a member of the Armed Forces of the United States; and
(2)
added 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

added
(a)
added 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)
added The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c)
added 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)
added is not a citizen of the United States or a member of the Armed Forces of the United States; and
(2)
added is—
(A)
added in the custody or under the effective control of the Department of Defense; or
(B)
added otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 532

added

added 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

added

added 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

added

added 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)
added Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts.
(2)
added The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts.
(3)
added Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States.
(4)
added 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

added
(a)
added 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)
added 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)
added The limitations described in subsections (a) and (b) shall not apply to activities which NASA or OSTP has certified—
(1)
added 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)
added 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)
added 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

added

added 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

added

added 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

added

added 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)
added all other requirements of law with respect to the proposed importation are met; and
(2)
added 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

added
(a)
added 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)
added 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

added

added 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

added

added 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

added

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

Sec. 543

added
(a)
added None of the funds made available by this Act may be used to carry out the functions of the Political Science Program in the Division of Social and Economic Sciences of the Directorate for Social, Behavioral, and Economic Sciences of the National Science Foundation, except for research projects that the Director of the National Science Foundation certifies as promoting national security or the economic interests of the United States.
(b)
added The Director of the National Science Foundation shall publish a statement of the reason for each certification made pursuant to subsection (a) on the public website of the National Science Foundation.
(c)
added Any unobligated balances for the Political Science Program described in subsection (a) may be provided for other scientific research and studies that do not duplicate those being funded by other Federal agencies.

added

added 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:

added

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

Sec. 8039

(a)
added 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)
added 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)
added 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)
added 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or
(B)
added $10,000,000; and
(3)
added the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense by—
(A)
added 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)
added 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)
added
(1)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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.

removed 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

added 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:

(a)
removed 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)
removed 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)
removed 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)
removed 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or
(B)
removed $10,000,000; and
(3)
removed the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense by—
(A)
removed 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)
removed 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)
removed
(1)
removed 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)
removed 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)
removed 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)
removed 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)
removed 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)
removed 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.

Sec. 8041

changed Of None of the funds appropriated available in Department of Defense Appropriations Acts, this Act may be used to reduce the following funds are hereby rescinded from authorized positions for military technicians (dual status) of the following accounts Army National Guard, Air National Guard, Army Reserve and programs in Air Force Reserve for the specified amounts:purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure.

Sec. 8042

changed None of the funds appropriated or otherwise made 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 obligated or expended for assistance to the purpose Democratic People’s Republic of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military technicians (dual status), Korea unless such reductions are a direct result of a reduction in military force structure.specifically appropriated for that purpose.

Sec. 8043

changed None of the funds Funds appropriated or otherwise made available in this Act may be obligated or expended for assistance to operation and maintenance of the Democratic People’s Republic Military Departments, Combatant Commands and Defense Agencies shall be available for reimbursement of Korea unless specifically appropriated pay, allowances and other expenses which would otherwise be incurred against appropriations for that purpose.the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Intelligence Program and the Military Intelligence Program: Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures.

Sec. 8044

changed Funds During the current fiscal year, none of the 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 may be incurred against appropriations for the National Guard and Reserve when members of used to reduce the National Guard civilian medical and Reserve provide intelligence or counterintelligence medical support personnel assigned to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Intelligence Program and military treatment facilities below the Military Intelligence Program: September 30, 2003, level: Provided, That nothing in the Service Surgeons General may waive this section authorizes deviation from established Reserve by certifying to the congressional defense committees that the beneficiary population is declining in some catchment areas and National Guard personnel civilian strength reductions may be consistent with responsible resource stewardship and training procedures.capitation-based budgeting.

Sec. 8045

(a)
added 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)
added 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.

removed 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

added 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.

(a)
removed 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)
removed 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

changed None of the funds appropriated by in this Act may be used for to purchase any supercomputer which is not manufactured in the procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin: Provided, That United States, unless the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certifying in writing Defense certifies 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 congressional defense committees 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 purposes that the restriction shall apply to ball or roller bearings purchased as end items.is not available from United States manufacturers.

Sec. 8048

changed None of the funds made available in this or any other Act may be used to purchase any supercomputer which is not manufactured in pay the United States, unless salary of any officer or employee of the Secretary Department of Defense certifies who approves or implements the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to the congressional defense committees that such an acquisition must be made in order jurisdiction of another Federal agency not financed by this Act without the express authorization of Congress: Provided, That this limitation shall not apply to acquire capability transfers of funds expressly provided for national security purposes that is not available from United States manufacturers.in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense.

Sec. 8049

(a)
added 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)
added This section applies to—
(1)
added 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)
added any other international peacekeeping, peace-enforcement, or humanitarian assistance operation.
(c)
added A notice under subsection (a) shall include the following:
(1)
added A description of the equipment, supplies, or services to be transferred.
(2)
added A statement of the value of the equipment, supplies, or services to be transferred.
(3)
added In the case of a proposed transfer of equipment or supplies—
(A)
added 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)
added 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.

removed 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

added 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—

(a)
removed 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.
(1)
changed This section applies to—such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and
(1)
removed 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)
removed any other international peacekeeping, peace-enforcement, or humanitarian assistance operation.
(2)
changed A notice under subsection (a) shall include the following:such bonus is part of restructuring costs associated with a business combination.
(1)
removed A description of the equipment, supplies, or services to be transferred.
(2)
removed A statement of the value of the equipment, supplies, or services to be transferred.
(3)
removed In the case of a proposed transfer of equipment or supplies—
(A)
removed 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)
removed 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

changed None of the funds available to During the Department current fiscal year, no more than $30,000,000 of Defense under appropriations made in this Act shall under the heading “Operation and Maintenance, Defense-Wide” may be obligated or expended transferred to appropriations available for the pay a contractor under a contract 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 for costs of any amount paid by the contractor pursuant to an employee when—section 2012 of title 10, United States Code.

(1)
removed such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and
(2)
removed such bonus is part of restructuring costs associated with a business combination.

Sec. 8052

changed 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 case of an appropriation account of the pay Department of military personnel, to be merged with, and to be available Defense for which the same time period as the appropriations to which transferred, to be used in support of such personnel in connection with support and services availability for eligible organizations and activities outside obligation has expired or which has closed under the Department provisions of Defense pursuant to section 2012 1552 of title 10, 31, United States Code.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)
added 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)
added the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense; and
(3)
added in the case of an expired account, the obligation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101–510, as amended (31 U.S.C. 1551 note): Provided, That in the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a current account under the authority of this section shall be reversed and recorded against the expired account: Provided further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to 1 percent of the total appropriation for that account.

Sec. 8053

(a)
added 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.

removed 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—

(b)
changed the obligation would have been properly chargeable (except as to amount) Amounts collected under subsection (a) shall be credited to funds available for the expired or closed account before National Guard Distance Learning Project and be available to defray the end of costs associated with the period use of availability or closing equipment of the project under that account;subsection. Such funds shall be available for such purposes without fiscal year limitation.
(2)
removed the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense; and
(3)
removed 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

added 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.

(a)
removed 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)
removed 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

changed Using funds made available by this Act or any other Act, the Secretary None of the Air Force, pursuant to a determination under section 2690 of funds appropriated in title 10, United States Code, IV of this Act may implement cost-effective agreements be used to procure end-items for required heating facility modernization in the Kaiserslautern Military Community in the Federal Republic of Germany: delivery to military forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items used in the City of Kaiserslautern development, prototyping, and at the Rhine Ordnance Barracks area, such agreements will include the use of United States anthracite as the base load energy test activities preceding and leading to acceptance for municipal district heat operational use: Provided further, That this restriction does not apply to programs funded within the United States Defense installations: National Intelligence Program: Provided further, That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat the Secretary of Defense may be obtained from private, regional or municipal services, if provisions are included for waive this restriction on a case-by-case basis by certifying in writing to the consideration Committees on Appropriations of United States coal as an energy source.the House of Representatives and the Senate that it is in the national security interest to do so.

Sec. 8056

(a)
added 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)
added Subsection (a) applies with respect to—
(1)
added contracts and subcontracts entered into on or after the date of the enactment of this Act; and
(2)
added 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)
added 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.

removed None of the funds appropriated in title IV of this Act may be used to procure end-items for delivery to military forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items used in development, prototyping, and test activities preceding and leading to acceptance for operational use: Provided further, That this restriction does not apply to programs funded within the National Intelligence Program: Provided further, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so.

Sec. 8057

(a)
changed The Secretary None of Defense may, on a case-by-case basis, waive with respect the funds made available by this Act may be used to support any training program involving a foreign country each limitation on unit of the procurement security forces or police of defense items from a foreign sources provided in law country if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between Defense has received credible information from the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for State that the procurement of defense items entered into under section 2531 unit has committed a gross violation 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.human rights, unless all necessary corrective steps have been taken.
(b)
changed Subsection (a) applies The Secretary of Defense, in consultation with respect to—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.
(1)
removed contracts and subcontracts entered into on or after the date of the enactment of this Act; and
(2)
removed 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)
changed Subsection (a) does not apply to a limitation regarding construction The Secretary of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50–65) Defense, after consultation with the Secretary of State, may waive 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.prohibition in subsection (a) if he determines that such waiver is required by extraordinary circumstances.
(d)
added Not more than 15 days after the exercise of any waiver under subsection (c), the Secretary of Defense shall submit a report to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training program, the United States forces and the foreign security forces involved in the training program, and the information relating to human rights violations that necessitates the waiver.

Sec. 8058

added 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.

(a)
removed 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)
removed 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)
removed 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)
removed 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

changed None Notwithstanding any other provision of the law, funds appropriated or otherwise made available by in this Act under the heading “Research, Development, Test and Evaluation, Defense-Wide” for any new start advanced concept technology demonstration project or other Department of Defense Appropriations Acts joint capability demonstration project may only be obligated or expended for the purpose of performing repairs or maintenance to military family housing units 45 days after a report, including a description of the Department of Defense, including areas project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided in such military family housing units that may be used for writing to the purpose of conducting official Department congressional defense committees: Provided, That the Secretary of Defense business.may waive this restriction on a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so.

Sec. 8060

changed Notwithstanding any other provision The Secretary 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 Defense shall provide a classified quarterly report beginning 30 days after a report, including a description enactment of the project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided in writing this Act, to the congressional defense committees: Provided, That the Secretary of House and Senate Appropriations Committees, Subcommittees on Defense may waive this restriction on a case-by-case basis by certifying to the congressional defense committees that it is certain matters as directed in the national interest to do so.classified annex accompanying this Act.

Sec. 8061

changed The Secretary 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 classified quarterly report beginning 30 days after enactment nonreimbursable basis, and is providing the requested support pursuant to such authority: Provided further, That the Secretary of Defense may waive this Act, restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed that it is in the classified annex accompanying this Act.national security interest to do so.

Sec. 8062

changed 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 Notwithstanding section 12310(b) of the title 10, 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 Code, a reimbursable basis: Provided, That this restriction shall not apply if the department Reserve who 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 member of the Secretary National Guard serving on full-time National Guard duty under section 502(f) of Defense title 32, United States Code, may waive this restriction on a case-by-case basis by certifying perform duties in writing to the Committees on Appropriations support of the House ground-based elements of Representatives and the Senate that it is in the national security interest to do so.National Ballistic Missile Defense System.

Sec. 8063

changed Notwithstanding section 12310(b) None of title 10, United States Code, 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 Reserve who is center-fire cartridge and a member 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 National Guard serving on full-time National Guard duty under section 502(f) Department of title 32, United States Code, may perform duties in support Defense under a contract that requires the entity to demonstrate to the satisfaction of the ground-based elements Department of Defense that armor piercing projectiles are either: (1) rendered incapable of reuse by the National Ballistic Missile demilitarization process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense System.or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State.

Sec. 8064

changed None of the funds provided in this Act may be used to transfer to Notwithstanding any nongovernmental entity ammunition held by the Department of Defense that has a center-fire cartridge and a United States military nomenclature designation other provision 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 law, the Department Chief of Defense under a contract that requires the entity to demonstrate to the satisfaction National Guard Bureau, or his designee, may waive payment of the Department all or part of Defense the consideration that armor piercing projectiles are either: (1) rendered incapable otherwise would be required under section 2667 of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant to a contract with title 10, United States Code, in the Department case of Defense or the manufacture a lease of ammunition personal property for export pursuant to a License for Permanent Export period not in excess of Unclassified Military Articles issued 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 Department Chief of State.the National Guard Bureau, or his designee, on a case-by-case basis.

Sec. 8065

changed Notwithstanding any other provision None of law, the Chief of funds appropriated by this Act shall be used for the National Guard Bureau, or his designee, may waive payment support of all or part any nonappropriated funds activity of the consideration that otherwise would be required under section 2667 Department of title 10, 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 Code, unless such malt beverages and wine are procured within that State, or in the case of a lease the District of personal property for Columbia, within the District of Columbia, in which the military installation is located: Provided, That in a period not case in excess of 1 year to which the military installation is located in more than one State, purchases may be made in any organization specified State in section 508(d) of title 32, United 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 Code, or any which are not contiguous with another State: Provided further, That alcoholic beverages other youth, social, or fraternal nonprofit organization as may be approved by than wine and malt beverages, in contiguous States and the Chief District of Columbia shall be procured from the National Guard Bureau, or his designee, on a case-by-case basis.most competitive source, price and other factors considered.

Sec. 8066

changed None of Of the funds amounts appropriated by in this Act shall be used for under the support of heading “Operation and Maintenance, Army”, $133,381,000 shall remain available until expended: Provided, That notwithstanding any nonappropriated funds activity other provision of law, the Department Secretary of Defense that procures malt beverages and wine with nonappropriated funds for resale (including is authorized to transfer such alcoholic beverages sold by the drink) on a military installation located in funds to other activities of the United States unless such malt beverages and wine are procured within that State, or in Federal Government: Provided further, That the case Secretary of Defense is authorized to enter into and carry out contracts for the District acquisition of Columbia, within real property, construction, personal services, and operations related to projects carrying out the District purposes of Columbia, in which the military installation is located: Provided, this section: Provided further, That in a case in which contracts entered into under the military installation is located in more than one State, purchases authority of this section may be made in any State in which provide for such indemnification as the installation is located: Secretary determines to be necessary: Provided further, That such local procurement requirements for malt beverages and wine projects authorized by this section shall apply to all alcoholic beverages only for military installations in States which are not contiguous comply with another State: Provided further, That alcoholic beverages other than wine and malt beverages, in contiguous States applicable Federal, State, and local law to the District of Columbia shall be procured from maximum extent consistent with the most competitive source, price and other factors considered.national security, as determined by the Secretary of Defense.

Sec. 8067

changed 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 Section 8106 of the Federal Government: Provided further, That the Secretary Department of Defense is authorized to enter into and carry out contracts for the acquisition Appropriations Act, 1997 (titles I through VIII of real property, construction, personal services, and operations related to projects carrying out the purposes of this section: Provided further, That contracts entered into matter under the authority subsection 101(b) of this section may provide for such indemnification as the Secretary determines to be necessary: Provided further, That projects authorized by this section Public Law 104–208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall comply with applicable Federal, State, and local law continue in effect to the maximum extent consistent with the national security, as determined apply to disbursements that are made by the Secretary Department of Defense.Defense in fiscal year 2013.

Sec. 8068

changed Section 8106 of 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 Defense Appropriations Act, 1997 (titles I through VIII 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 matter under subsection 101(b) Secretary of Public Law 104–208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect Defense shall, not fewer than 30 days prior to apply making transfers to disbursements that are made by the Department of Defense State “Global Security Contingency Fund”, notify the congressional defense committees in fiscal year 2013.writing with the source of funds and a detailed justification, execution plan, and timeline for each proposed project.

Sec. 8069

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

Sec. 8070

changed In addition to Of the amounts provided elsewhere appropriated in this Act, $4,000,000 is hereby appropriated to Act under the Department of Defense, to remain available headings “Procurement, Defense-Wide” and “Research, Development, Test and Evaluation, Defense-Wide”, $479,736,000 shall be for obligation until expended: the Israeli Cooperative Programs: Provided, That notwithstanding any other provision of law, that upon this amount, $211,000,000 shall be for the determination Secretary of Defense to provide to the Secretary 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 that it (SRBMD) program, including cruise missile defense research and development under the SRBMD program, of which $39,200,000 shall serve be for production activities of SRBMD missiles in the national interest, these funds 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 only for a grant an upper-tier component to the Fisher House Foundation, Inc., only Israeli Missile Defense Architecture, and $44,365,000 shall be for the construction Arrow System Improvement Program including development of a long range, ground and furnishing airborne, detection suite: Provided further, That funds made available under this provision for production of additional Fisher Houses missiles and missile components may be transferred to meet appropriations available for the needs procurement of military family members when confronted weapons and equipment, to be merged with and to be available for the illness or hospitalization of an eligible military beneficiary.same time period and the same purposes as the appropriation to which transferred: Provided further, That the transfer authority provided under this provision is in addition to any other transfer authority contained in this Act.

Sec. 8071

(a)
added 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)
added 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)
added 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)
added This subsection does not apply to administrative control of Navy Air and Missile Defense Command.

removed 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

added 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:

(a)
removed 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.
(1)
changed 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 Under the Pacific heading “Shipbuilding and European Air Force Commands.Conversion, Navy, 2007/2013”: LHA Replacement Program $156,685,000;
(2)
changed The command and control relationships in subsections (a) Under the heading “Shipbuilding and (b) which existed on March 13, 2011, shall remain in force unless changes are specifically authorized in a subsequent Act.Conversion, Navy, 2008/2013”: LPD–17 Amphibious Transport Dock Program $80,888,000; and
(3)
changed This subsection does not apply to administrative control of Navy Air Under the heading “Shipbuilding and Missile Defense Command.Conversion, Navy, 2009/2013”: CVN Refueling Overhauls Program $135,000,000.

Sec. 8073

changed Of the amounts Funds appropriated in by this Act under the heading “Shipbuilding and Conversion, Navy”, $372,573,000 shall be Act, or made available until September 30, 2013, to fund prior year shipbuilding cost increases: Provided, That upon enactment by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Secretary Congress for purposes of the Navy shall transfer funds to section 504 of the following appropriations in National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2013 until the amounts specified: Provided further, That enactment of the amounts transferred shall be merged with and be available Intelligence Authorization Act for the same purposes as the appropriations to which transferred to:Fiscal Year 2013.

(1)
removed Under the heading “Shipbuilding and Conversion, Navy, 2007/2013”: LHA Replacement Program $156,685,000;
(2)
removed Under the heading “Shipbuilding and Conversion, Navy, 2008/2013”: LPD–17 Amphibious Transport Dock Program $80,888,000; and
(3)
removed Under the heading “Shipbuilding and Conversion, Navy, 2009/2013”: CVN Refueling Overhauls Program $135,000,000.

Sec. 8074

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

Sec. 8075

changed None The budget of the funds provided in this Act President for fiscal year 2014 submitted to the Congress pursuant to section 1105 of title 31, United States Code, shall be available include separate budget justification documents for obligation or expenditure through 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 reprogramming description of funds that creates 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 initiates object class, a new program, project, or activity unless such program, project, or activity must be undertaken immediately 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 interest Department of national security Defense Financial Management Regulation) for all contingency operations for the budget year and only after written prior notification to the congressional defense committees.two preceding fiscal years.

Sec. 8076

changed The budget None 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 funds 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 this Act may be used for each element of expense research, development, test, evaluation, procurement 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 deployment of each contingency: Provided further, That these documents shall include budget exhibits OP–5 and OP–32 (as defined in the Department nuclear armed interceptors of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal years.a missile defense system.

Sec. 8077

changed None of In addition to the funds amounts appropriated or otherwise made available elsewhere in this Act may be used for research, development, test, evaluation, procurement or deployment Act, $44,000,000 is hereby appropriated to the Department of nuclear armed interceptors Defense: Provided, That upon the determination of a missile defense system.the Secretary of Defense that it shall serve the national interest, he shall make grants in the amounts specified as follows: $20,000,000 to the United Service Organizations and $24,000,000 to the Red Cross.

Sec. 8078

changed In addition to None of the amounts funds appropriated or otherwise made available elsewhere in this Act, $44,000,000 is hereby appropriated Act shall be used to reduce or disestablish the Department operation of Defense: Provided, That upon the determination 53rd Weather Reconnaissance Squadron of the Secretary of Defense that it shall serve Air Force Reserve, if such action would reduce the national interest, he shall make grants WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided, That the amounts specified as follows: $20,000,000 to Air Force shall allow the United Service Organizations and $24,000,000 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense requirements during the Red Cross.non-hurricane season.

Sec. 8079

changed None of the funds appropriated or made available provided in this Act shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron available for integration of the Air Force Reserve, if such action would reduce foreign intelligence information unless the WC–130 Weather Reconnaissance mission below information has been lawfully collected and processed during the levels funded in this Act: conduct of authorized foreign intelligence activities: Provided, That the Air Force shall allow the 53rd Weather Reconnaissance Squadron information pertaining to perform other missions United States persons shall only be handled in support accordance with protections provided in the Fourth Amendment of national defense requirements during the non-hurricane season.United States Constitution as implemented through Executive Order No. 12333.

Sec. 8080

(a)
added 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)
added 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.

removed 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

added 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.

(a)
removed 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)
removed 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.

Sec. 8082

changed The Secretary For purposes of Defense may transfer funds from any available Department section 7108 of the Navy appropriation to title 41, United States Code, any available Navy ship construction appropriation for the purpose subdivision 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 appropriations made under the authority provided by this section: Provided further, That the Secretary may heading “Shipbuilding and Conversion, Navy” that is not transfer any funds until 30 days after closed at the proposed transfer has been reported time reimbursement is made shall be available to the Committees on Appropriations of reimburse the House of Representatives Judgment Fund and the Senate, unless a response from the Committees is received sooner: Provided further, That any funds transferred pursuant to this section shall retain be considered for the same period of availability purposes as when originally appropriated: Provided further, That any subdivision under the transfer authority provided by this section is heading “Shipbuilding and Conversion, Navy” appropriations in addition to the current fiscal year or any other transfer authority contained elsewhere in this Act.prior fiscal year.

Sec. 8083

(a)
added 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)
added 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.

removed 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

added 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.

(a)
removed 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)
removed 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

changed Up to $15,000,000 None of the funds appropriated under the heading “Operation and Maintenance, Navy” may be made available for the Asia Pacific Regional Initiative Program by this Act for the purpose programs of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and payment Office of incremental and personnel costs the Director of training and exercising with foreign security forces: Provided, That funds made National Intelligence shall remain available for this purpose may be used, notwithstanding any other funding authorities obligation beyond the current fiscal year, except 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.appropriated for research and technology, which shall remain available until September 30, 2014.

Sec. 8086

changed None For purposes of the funds appropriated by this Act for programs section 1553(b) of the Office title 31, United States Code, any subdivision of appropriations made in this Act under the Director of National Intelligence heading “Shipbuilding and Conversion, Navy” shall remain available be considered to be for obligation beyond the current same purpose as any subdivision under the heading “Shipbuilding and Conversion, Navy” appropriations in any prior fiscal year, except for funds appropriated for research and technology, which the 1 percent limitation shall remain available until September 30, 2014.apply to the total amount of the appropriation.

Sec. 8087

changed For purposes of section 1553(b) of title 31, United States Code, any subdivision The Director of appropriations made in this Act under the heading “Shipbuilding and Conversion, Navy” National Intelligence shall be considered to be for the same purpose as any subdivision under include the heading “Shipbuilding and Conversion, Navy” appropriations budget exhibits identified in any prior fiscal year, paragraphs (1) and the 1 percent limitation shall apply to (2) as described in the total amount Department of Defense Financial Management Regulation with the appropriation.congressional budget justification books:

(1)
added 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)
added For research, development, test and evaluation projects requesting more than $5,000,000 in any fiscal year, the R–1, Research, Development, Test and Evaluation Program; R–2, Research, Development, Test and Evaluation Budget Item Justification; R–3, Research, Development, Test and Evaluation Project Cost Analysis; and R–4, Research, Development, Test and Evaluation Program Schedule Profile.

Sec. 8088

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

removed 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:

(b)
changed For procurement programs requesting more than $10,000,000 None of the funds provided for the National Intelligence Program in any fiscal year, this Act shall be available for reprogramming or transfer until 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.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.
(2)
removed 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

added 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.

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

Sec. 8090

(a)
added 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)
added creates a new start effort;
(2)
added terminates a program with appropriated funding of $10,000,000 or more;
(3)
added transfers funding into or out of the National Intelligence Program; or
(4)
added transfers funding between appropriations,
(b)
added 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.

removed 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

added 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.

(a)
removed 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)
removed creates a new start effort;
(2)
removed terminates a program with appropriated funding of $10,000,000 or more;
(3)
removed transfers funding into or out of the National Intelligence Program; or
(4)
removed transfers funding between appropriations,
(b)
removed 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

changed The Director For the purposes of National this Act, the term “congressional intelligence committees” means the Permanent Select Committee on Intelligence shall submit to Congress each year, at or about of the time that House of Representatives, the President’s budget is submitted to Congress that year under section 1105(a) Select Committee on Intelligence 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 Senate, the fiscal year with respect to which Subcommittee on Defense of the budget is submitted Committee on Appropriations of the House of Representatives, and at least the four succeeding fiscal years.Subcommittee on Defense of the Committee on Appropriations of the Senate.

Sec. 8093

changed For the purposes of this Act, the term “congressional intelligence committees” means the Permanent Select Committee on Intelligence of the House The Department of Representatives, Defense shall continue to report incremental contingency operations costs for Operation New Dawn and Operation Enduring Freedom, or any other named operations in the Select Committee on Intelligence U.S. Central Command area of the Senate, the Subcommittee operation on Defense of a monthly basis in the Committee on Appropriations Cost of War Execution Report as prescribed in the House Department of Representatives, and the Subcommittee on Defense of the Committee on Appropriations Financial Management Regulation Department of the Senate.Defense Instruction 7000.14, Volume 12, Chapter 23 “Contingency Operations”, Annex 1, dated September 2005.

Sec. 8094

changed 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 During the U.S. Central Command area current fiscal year, not to exceed $11,000,000 from each of operation on a monthly basis in the Cost of War Execution Report as prescribed appropriations made in the Department title II of Defense Financial Management Regulation Department 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 Defense Instruction 7000.14, Volume 12, Chapter 23 “Contingency Operations”, Annex 1, dated September 2005.title 10, United States Code.

Sec. 8095

changed During the current fiscal year, not to exceed $11,000,000 from each of the appropriations made in title II of Funds appropriated by this Act for “Operation and Maintenance, Army”, “Operation and Maintenance, Navy”, and “Operation operation and Maintenance, Air Force” maintenance may be transferred by the military department concerned to its central fund established available for Fisher Houses and Suites pursuant the purpose of making remittances to the Defense Acquisition Workforce Development Fund in accordance with the requirements of section 2493(d) 1705 of title 10, United States Code.

Sec. 8096

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

removed 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)
changed Any agency receiving None of the funds appropriated or otherwise 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 Act may be expended for any other Act, upon the determination by the head Federal contract for an amount in excess of the agency that it shall serve $1,000,000, unless the national interest.contractor agrees not to—
(1)
added 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)
added 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)
changed Subsection (a) shall 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 apply 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 report if—“covered subcontractor” is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a).
(1)
removed the public posting of the report compromises national security; or
(2)
removed the report contains proprietary information.
(c)
changed The head of the agency posting such report shall prohibitions in this section do so only after such report has been made available not apply with respect to the requesting Committee a contractor’s or Committees subcontractor’s agreements with employees or independent contractors that may not be enforced in a court of Congress for no less than 45 days.the United States.
(d)
added The Secretary of Defense may waive the application of subsection (a) or (b) to a particular contractor or subcontractor for the purposes of a particular contract or subcontract if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The determination shall set forth with specificity the grounds for the waiver and for the contract or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative would not avoid harm to national security interests of the United States. The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days before the contract or subcontract addressed in the determination may be awarded.

Sec. 8098

added 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.

(a)
removed 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)
removed 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)
removed 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)
removed 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)
removed 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)
removed 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

changed None of From within the funds made available under appropriated for operation and maintenance for the Defense Health Program in this Act, up to $139,204,000, shall be available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund in accordance with the provisions of section 1704 of the National Defense Authorization Act for Fiscal Year 2010, Public Law 111–84: Provided, That for purposes of section 1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by section 706 of Public Law 110–417: Provided further, That additional funds may be distributed transferred from funds appropriated for operation and maintenance for the Defense Health Program to the Association Joint Department of Community Organizations for Reform Now (ACORN) or its subsidiaries.Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Defense to the Committees on Appropriations of the House of Representatives and the Senate.

Sec. 8100

changed From within the funds appropriated for operation and maintenance for the Defense Health Program in this Act, up to $139,204,000, shall be available for transfer to the Joint Department of Defense-Department The Office of Veterans Affairs Medical Facility Demonstration Fund in accordance with the provisions of section 1704 Director 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 Intelligence shall not employ more Senior Executive employees than 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 specified in the Senate.classified annex.

Sec. 8101

changed The Office None of the Director 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 National Intelligence shall not employ more Senior Executive employees than are specified in 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 classified annex.Office of Government Ethics.

Sec. 8102

changed None of the funds appropriated or otherwise made Appropriations 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 may be used for the purchase of title 5, Code heavy and light armored vehicles for the physical security of Federal Regulations) personnel or for force protection purposes up to a limit of $250,000 per vehicle, notwithstanding price or other limitations applicable to the Office purchase of Government Ethics.passenger carrying vehicles.

Sec. 8103

changed Appropriations available to There is hereby established in the Department Treasury of Defense may be used the United States the “Ship Modernization, Operations and Sustainment Fund”. There is appropriated $2,382,100,000, for the purchase “Ship Modernization, Operations and Sustainment Fund”, to remain available until September 30, 2014: Provided, That the Secretary of heavy the Navy shall transfer funds from the “Ship Modernization, Operations and light armored vehicles Sustainment Fund” to appropriations for military personnel; operation and maintenance; research, development, test and evaluation; and procurement, only for the physical security purposes of personnel or 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 force protection the same purposes up and for the same time period as the appropriation to a limit of $250,000 per vehicle, notwithstanding price or which they are transferred: Provided further, That the transfer authority provided herein shall be in addition to any other limitations applicable transfer authority available to the purchase Department of passenger carrying vehicles.Defense: Provided further, That the Secretary of the Navy shall, not less than 30 days prior to making any transfer from the “Ship Modernization, Operations and Sustainment Fund”, notify the congressional defense committees in writing of the details of such transfer.

Sec. 8104

changed Of the amounts appropriated for “Operation and Maintenance, Defense-Wide”, None of the following amounts shall be funds made available to by this Act may be used by the Secretary of Defense, for the following authorized purposes, notwithstanding any other provision Defense to take beneficial occupancy of law, acting through more than 2,500 parking spaces (other than handicap-reserved spaces) to be provided by the Office of Economic Adjustment of BRAC 133 project: Provided, That this limitation may be waived in part if: (1) the Department Secretary of Defense, to make grants, conclude cooperative agreements, and supplement other Federal funds, to remain available until expended, Defense certifies to assist the civilian population Congress that levels of Guam service at existing intersections in response to the military buildup vicinity of Guam: (1) $13,000,000 for addressing the need for construction project have not experienced failing levels of service as defined by the Transportation Research Board Highway Capacity Manual over a regional public health laboratory; and consecutive 90-day period; (2) $106,400,000 for addressing the need for civilian water Department of Defense and wastewater improvements: Provided, That the Secretary Virginia Department of Defense shall, not fewer than 15 days prior Transportation agree on the number of additional parking spaces that may be made available to obligating funds for either employees of the foregoing purposes, notify 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 details number of any such obligation.additional parking spaces to be made available.

Sec. 8105

changed There is hereby established in Not later than 120 days after the Treasury date 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 enactment of this Act, the Secretary of the Navy Defense 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 resume quarterly reporting 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 numbers of civilian personnel end strength by appropriation account for the same purposes each and for the same time period as the every appropriation to which they are transferred: Provided further, That the transfer authority provided herein shall be in addition to any other transfer authority available account used to the Department of Defense: Provided further, That the Secretary of the Navy shall, not less than 30 days prior finance Federal civilian personnel salaries to making any transfer from the “Ship Modernization, Operations and Sustainment Fund”, notify the congressional defense committees in writing of within 15 days after the details end of such transfer.each fiscal quarter.

Sec. 8106

changed None of the funds made available by appropriated in this or any other Act may be used by the Secretary of Defense to plan, prepare for, or otherwise 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 any action to Congress that levels of service at existing intersections in the vicinity of undertake or implement the project have not experienced failing levels separation of service as defined by the Transportation Research Board Highway Capacity Manual over a consecutive 90-day period; (2) the Department of Defense and National Intelligence Program budget from 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.budget.

Sec. 8107

changed Not later than 120 days after Upon a determination by the date Director of National Intelligence that such action is necessary and in the enactment of this Act, national interest, the Secretary of Defense shall resume quarterly reporting Director may, with the approval of the numbers Office of civilian personnel end strength by appropriation account for each Management and every appropriation account used Budget, transfer not to finance Federal civilian personnel salaries 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 congressional defense committees within 15 days after item for which funds are requested has been denied by the end Congress: Provided further, That a request for multiple reprogrammings of each fiscal quarter.funds using authority provided in this section shall be made prior to June 30, 2013.

Sec. 8108

changed None of In addition to amounts provided elsewhere in the funds Act, there is appropriated in this $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 Act may be used provision of law, to plan, prepare for, make grants, conclude cooperative agreements, or otherwise take any action supplement other Federal funds to undertake construct, renovate, repair, or implement 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 separation Office of Economic Adjustment or the National Intelligence Program budget from 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 budget.Defense-connected children is greater than 50 percent.

Sec. 8109

changed 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 None of the funds appropriated or otherwise made available in this or any other 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 to transfer, release, or assist 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 transfer or release to June 30, 2013.or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who—

(1)
added is not a United States citizen or a member of the Armed Forces of the United States; and
(2)
added is or was held on or after June 24, 2009, at the United States Naval Station, Guantánamo Bay, Cuba, by the Department of Defense.

Sec. 8110

(a)
added
(1)
added 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 Guantánamo 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)
added Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantánamo to effectuate—
(A)
added 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)
added a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act.
(b)
added 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)
added the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantánamo is to be transferred—
(A)
added is not a designated state sponsor of terrorism or a designated foreign terrorist organization;
(B)
added 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)
added 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)
added 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)
added has taken or agreed to take such actions as the Secretary of Defense determines are necessary to ensure that the individual cannot engage or re-engage in any terrorist activity; and
(F)
added has agreed to share with the United States any information that—
(i)
added is related to the individual or any associates of the individual; and
(ii)
added could affect the security of the United States, its citizens, or its allies; and
(2)
added 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)
added
(1)
added 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 Guantánamo 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, Guantánamo 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)
added Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantánamo to effectuate—
(A)
added 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)
added a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act.
(d)
added
(1)
added 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)
added alternative actions will be taken to address the underlying purpose of the requirement or requirements to be waived;
(B)
added 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)
added 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)
added the transfer is in the national security interests of the United States.
(2)
added 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)
added A copy of the determination and the waiver concerned.
(B)
added A statement of the basis for the determination, including—
(i)
added an explanation why the transfer is in the national security interests of the United States; and
(ii)
added 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)
added 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)
added The assessment required by subsection (b)(2).
(e)
added In this section:
(1)
added The term “appropriate committees of Congress” means—
(A)
added the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
(B)
added the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2)
added The term “individual detained at Guantánamo” means any individual located at United States Naval Station, Guantánamo Bay, Cuba, as of October 1, 2009, who—
(A)
added is not a citizen of the United States or a member of the Armed Forces of the United States; and
(B)
added is—
(i)
added in the custody or under the control of the Department of Defense; or
(ii)
added otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba.
(3)
added 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).

removed 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

(a)
added 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.

removed 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—

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

Sec. 8112

added 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.

(a)
removed
(1)
removed 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 Guantánamo 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)
removed Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantánamo to effectuate—
(A)
removed 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)
removed a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act.
(b)
removed 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)
removed the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantánamo is to be transferred—
(A)
removed is not a designated state sponsor of terrorism or a designated foreign terrorist organization;
(B)
removed 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)
removed 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)
removed 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)
removed has taken or agreed to take such actions as the Secretary of Defense determines are necessary to ensure that the individual cannot engage or re-engage in any terrorist activity; and
(F)
removed has agreed to share with the United States any information that—
(i)
removed is related to the individual or any associates of the individual; and
(ii)
removed could affect the security of the United States, its citizens, or its allies; and
(2)
removed 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)
removed
(1)
removed 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 Guantánamo 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, Guantánamo 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)
removed Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantánamo to effectuate—
(A)
removed 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)
removed a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act.
(d)
removed
(1)
removed 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)
removed alternative actions will be taken to address the underlying purpose of the requirement or requirements to be waived;
(B)
removed 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)
removed 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)
removed the transfer is in the national security interests of the United States.
(2)
removed 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)
removed A copy of the determination and the waiver concerned.
(B)
removed A statement of the basis for the determination, including—
(i)
removed an explanation why the transfer is in the national security interests of the United States; and
(ii)
removed 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)
removed 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)
removed The assessment required by subsection (b)(2).
(e)
removed In this section:
(1)
removed The term “appropriate committees of Congress” means—
(A)
removed the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
(B)
removed the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2)
removed The term “individual detained at Guantánamo” means any individual located at United States Naval Station, Guantánamo Bay, Cuba, as of October 1, 2009, who—
(A)
removed is not a citizen of the United States or a member of the Armed Forces of the United States; and
(B)
removed is—
(i)
removed in the custody or under the control of the Department of Defense; or
(ii)
removed otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba.
(3)
removed 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

added 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.

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

Sec. 8114

changed None of the funds made available by this Act may be used to enter into a contract, memorandum in contravention of understanding, or cooperative agreement with, make a grant to, or provide a loan section 1590 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 1591 of title 18, United States Code, 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 contravention of the unpaid tax liability, unless the agency has considered suspension requirements of section 106(g) or debarment (h) of the corporation and made a determination that this further action is not necessary to protect the interests Trafficking Victims Protection Act of the Government.2000 (22 U.S.C. 7104(g) or (h)).

Sec. 8115

changed 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 for International Military education and training, foreign military financing, excess defense article, assistance under any Federal law within the preceding 24 months, where section 1206 of the awarding agency is aware 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 conviction, unless countries of Chad, Yemen, Somalia, Sudan, the agency has considered suspension or debarment Democratic Republic of the corporation Congo, and made a determination that this further action is not necessary Burma may be used to protect support any military training or operation that include child soldiers, as defined by the interests Child Soldiers Prevention Act of 2008, and except if such assistance is otherwise permitted under section 404 of the Government.Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1).

Sec. 8116

changed 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 War Powers Resolution (50 U.S.C. 7104(g) or (h)).1541 et seq.).

Sec. 8117

changed 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 retire, divest, realign, or transfer Air Force aircraft, to disestablish or convert units associated with such aircraft, or to disestablish or convert any military training other unit of the Air National Guard or operation that include child soldiers, as defined by Air Force Reserve: Provided, That this section shall not apply to actions affecting C–5, C–17, or E–8 aircraft, or the Child Soldiers Prevention Act of 2008, and except if units associated with such assistance is otherwise permitted under aircraft: Provided further, That this section 404 of shall continue in effect through the Child Soldiers Prevention date of enactment of an Act authorizing appropriations for fiscal year 2013 for military activities of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1).the Department of Defense.

Sec. 8118

changed None The Secretary of the Air Force shall obligate and expend funds made available by this Act may be used in contravention previously appropriated for the procurement of RQ–4B Global Hawk and C–27J Spartan aircraft for the War Powers Resolution (50 U.S.C. 1541 et seq.).purposes for which such funds were originally appropriated.

Sec. 8119

changed None It is the Sense of the funds made Senate that the next 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 capital warship 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 U.S. Navy be named the units associated with such aircraft: Provided further, That this section shall continue in effect through USS Ted Stevens to recognize the date of enactment of an Act authorizing appropriations for fiscal year 2013 for public service achievements, military activities service sacrifice, and undaunted heroism and courage of the Department of Defense.long-serving United States Senator for Alaska.

Sec. 8120

changed The Secretary of the Air Force shall obligate and expend funds previously appropriated for the procurement None of RQ–4B Global Hawk and C–27J Spartan aircraft for the purposes for which such funds were originally appropriated.made available by this Act shall be used to retire C–23 Sherpa aircraft.

Sec. 8121

changed It is The total amount available in the Sense Act for pay for civilian personnel of the Senate that the next available capital warship Department of the U.S. Navy Defense for fiscal year 2013 shall 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 amount otherwise appropriated or made available by this Act for Alaska.such pay reduced by $72,718,000.

Sec. 8122

changed None of the funds made available by this Act shall may be used to retire C–23 Sherpa aircraft.enter into a contract for UH–60 Leak Proof Drip Pans using procedures other than competitive procedures (as defined in section 2302(2) of title 10, United States Code).

Sec. 8123

changed The total amount 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 pay for civilian personnel 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 shall be the amount otherwise appropriated or made available by this Act for such pay reduced by $72,718,000.relating to sharing classified ballistic missile defense information with Russia.

Sec. 8124

changed None of the Operation and Maintenance funds made available by in 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 contravention of section 2302(2) 41106 of title 10, 49, United States Code).Code.

Sec. 8125

changed 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 other Federal agency to lease or purchase new light duty vehicles, for the Department of Defense any executive fleet, or for fiscal year 2013 relating to sharing classified ballistic missile defense information an agency’s fleet inventory, except in accordance with Russia.Presidential Memorandum-Federal Fleet Performance, dated May 24, 2011.

Sec. 8126

changed None of the Operation and Maintenance funds made available in by this Act may be used to enter into a contract with any person or other entity listed in contravention of section 41106 the Excluded Parties List System (EPLS)/System for Award Management (SAM) as having been convicted of title 49, United States Code.fraud against the Federal Government.

Sec. 8127

changed None of the funds made available by this Act may be used by for the Department of Defense or any other Federal agency may be used to lease enter into a contract, memorandum of understanding, or purchase new light duty vehicles, for any executive fleet, cooperative agreement with, make a grant to, or for an agency’s fleet inventory, except 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 accordance with Presidential Memorandum-Federal Fleet Performance, dated May 24, 2011.writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so.

Sec. 8128

changed None of the funds made available by this Act may be used by the Secretary of Defense to enter into a contract with any person or other entity listed in implement an enrollment fee for the Excluded Parties List System (EPLS)/System TRICARE for Award Management (SAM) Life program under chapter 55 of title 10, United States Code, that does not exist as having been convicted of fraud against the Federal Government.date of the enactment of this Act.

Sec. 8129

(a)
added Requirement To continue provision of tuition assistance for members of the Armed Forces— The Secretaries of the military departments shall carry out tuition assistance programs for members of the Armed Forces during the remainder of fiscal year 2013 using amounts specified in subsection (b).
(b)
added Amounts— The minimum amount used by the Secretary of a military department for tuition assistance for members of an Armed Force under the jurisdiction of that Secretary pursuant to subsection (a) shall be not less than—
(1)
added the amount appropriated or otherwise made available by this Act for tuition assistance programs for members of that Armed Force, minus
(2)
added an amount that is not more than the percentage of the reduction required to the Operation and Maintenance account for that Armed Force for fiscal year 2013 by the budget sequester required by section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985.

removed 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

removed

removed 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.

removed

removed This division may be cited as the “Department of Defense Appropriations Act, 2013”.

removed

removed 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:

added

added This division may be cited as the “Department of Defense Appropriations Act, 2013”.

added

added 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:

Sec. 501

added

added 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

added

added Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act, may be merged with funds in the applicable established accounts, and thereafter may be accounted for as one fund for the same time period as originally enacted.

Sec. 503

added
(a)
added 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)
added creates a new program, project, or activity;
(2)
added eliminates a program, project, office, or activity;
(3)
added increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress;
(4)
added 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)
added 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)
added 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)
added augments existing programs, projects, or activities;
(2)
added reduces by 10 percent funding for any existing program, project, or activity;
(3)
added reduces by 10 percent the numbers of personnel approved by the Congress; or
(4)
added 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)
added 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)
added 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)
added 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

added

added 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

added

added 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

added

added 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

added
(a)
added Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used to—
(1)
added 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)
added 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)
added make a sole-source grant award; or
(4)
added 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)
added 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)
added 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)
added A notification under this section—
(1)
added may not involve funds that are not available for obligation; and
(2)
added 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)
added 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

added

added 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

added

added 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

added
(a)
added 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)
added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

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

Sec. 516

added

added 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

added

added 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

added

added Section 532(a) of Public Law 109–295 (120 Stat. 1384) is amended by striking “2012” and inserting “2013”.

Sec. 519

added

added 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

added
(a)
added 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)
added Subsection (a) does not apply to obligation of funds for a contract awarded—
(1)
added 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)
added pursuant to the Small Business Act (15 U.S.C. 631 et seq.);
(3)
added in an amount less than the simplified acquisition threshold described under section 3101 (b) of title 41, United States Code; or
(4)
added by another Federal agency using funds provided through an interagency agreement.
(c)
added
(1)
added 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)
added 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)
added 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

added

added 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)
added 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)
added 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)
added 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

added

added 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

added

added 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

added

added 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

added

added Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) is amended—

(1)
added in subsection (a), by striking “Until September 30, 2012,” and inserting “Until September 30, 2013,”;
(2)
added in subsection (c)(1), by striking “September 30, 2012,” and inserting “September 30, 2013,”.

Sec. 526

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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)
added a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); or
(2)
added a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262).

Sec. 531

added

added None of the funds appropriated by this Act may be used to conduct, or to implement the results of, a competition under Office of Management and Budget Circular A–76 for activities performed with respect to the Coast Guard National Vessel Documentation Center.

Sec. 532

added

added 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

added

added None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card.

Sec. 534

added

added 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

added
(a)
added 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)
added The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security.
(c)
added In this section—
(1)
added the term “Administrator” means the Administrator of the Federal Emergency Management Agency; and
(2)
added 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

added

added 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

added

added 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

added

added 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)
added is not a United States citizen or a member of the Armed Forces of the United States; and
(2)
added 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

added

added 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

added

added 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

added

added 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

added
(a)
added 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)
added the National Institute for Standards and Technology Special Publication 800–30, entitled “Risk Management Guide for Information Technology Systems”;
(2)
added 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)
added any supplemental standards established by the Administrator of the Transportation Security Administration (referred to in this section as the “Administrator”).
(b)
added The airport authority or air carrier operator that sponsors the company under the Registered Traveler program shall be known as the “Sponsoring Entity”.
(c)
added 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

added

added 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

added
(a)
added 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)
added 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)
added includes a strategy to comply with the requirements under title 44901(g) of title 49, United States Code, including—
(A)
added 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)
added specification of—
(i)
added the percentage of such air cargo that is being screened; and
(ii)
added the schedule for achieving screening of 100 percent of such air cargo.
(b)
added 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

added

added 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

added
(a)
added 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)
added For an additional amount for “United States Citizenship and Immigration Services” for the purpose of providing immigrant integration grants, $2,500,000.
(c)
added 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

added

added 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

added

added 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

added

added 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

added
(a)
added For an additional amount for data center migration, $55,000,000.
(b)
added 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)
added 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

added

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

Sec. 552

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added
(a)
added 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)
added 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)
added 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)
added 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)
added In this section—
(1)
added 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)
added 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)
added 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

added
(a)
added 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)
added Funds made available under this section may not be used to supplant funds provided for any such system within an agency budget.
(c)
added 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)
added 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)
added 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

added
(a)
added 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)
added 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

added
(a)
added 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)
added By December 31, 2013, the Commissioner may enter into not more than 5 agreements under this section.
(2)
added The Commissioner shall not enter into such an agreement if it would unduly and permanently impact services funded in this or any other appropriations Acts, or provided from any accounts in the Treasury of the United States derived by the collection of fees.
(b)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added For purposes of this section the terms:
(1)
added 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)
added 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)
added 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

added

added 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

added

added 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

added

added 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:

added “(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.”

Sec. 564

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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.

Sec. 570

added

added Of the funds appropriated to the Department of Homeland Security, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended:

(1)
added $1,800,000 from Public Law 112–74 under the heading “Analysis and Operations”;
(2)
added $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)
added $3,108,311 from unobligated prior year balances from U.S. Immigration and Customs Enforcement, “Construction”;
(4)
added $25,000,000 from Public Law 110–329 under the heading Coast Guard “Acquisition, Construction, and Improvements”;
(5)
added $43,000,000 from Public Law 111–83 under the heading Coast Guard “Acquisition, Construction, and Improvements”;
(6)
added $63,500,000 from Public Law 112–10 under the heading Coast Guard “Acquisition, Construction, and Improvements”;
(7)
added $23,000,000 from Public Law 112–74 under the heading Coast Guard “Acquisition, Construction, and Improvements”; and
(8)
added $21,667,000 from Public Law 112–74 under the heading Transportation Security Administration, “Surface Transportation Security”.

Sec. 571

added

added 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.

Sec. 572

added

added 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)
added $199,657 from “Operations”;
(2)
added $445,328 from U.S. Customs and Border Protection “Salaries and Expenses”;
(3)
added $63,045 from U.S. Customs and Border Protection “Violent Crime Reduction Programs”;
(4)
added $86,597 from U.S. Immigration and Customs Enforcement “Violent Crime Reduction Programs”;
(5)
added $1,739 from Coast Guard “Acquisition, Construction, and Improvements”;
(6)
added $1,329,239 from Federal Emergency Management Agency “Office of Domestic Preparedness”;
(7)
added $3,262,677 from Federal Emergency Management Agency “National Predisaster Mitigation Fund”; and
(8)
added $2,291,844 from Transportation Security Administration “Administration”.

Sec. 573

added

added 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)
added $314,674 from “Office of the Secretary and Executive Management”;
(2)
added $185,813 from “Office of the Under Secretary for Management”;
(3)
added $114,391 from “Office of the Chief Financial Officer”;
(4)
added $59,507 from “Office of the Chief Information Officer”;
(5)
added $568,188 from “Analysis and Operations”;
(6)
added $45,525 from “Office of Inspector General”;
(7)
added $568,480 from U.S. Customs and Border Protection “Salaries and Expenses”;
(8)
added $3,581,483 from U.S. Immigration and Customs Enforcement “Salaries and Expenses”;
(9)
added $1,075,942 from Transportation Security Administration “Federal Air Marshals”;
(10)
added $18,142,454 from Coast Guard “Operating Expenses”;
(11)
added $991,520 from Coast Guard “Reserve Training”;
(12)
added $1,033,599 from Coast Guard “Acquisition, Construction, and Improvements”;
(13)
added $2,371,377 from United States Secret Service “Salaries and Expenses”;
(14)
added $82,084 from National Protection and Programs Directorate “Management and Administration”;
(15)
added $1,683,470 from National Protection and Programs Directorate “Infrastructure Protection and Information Security”;
(16)
added $184,583 from National Protection and Programs Directorate “United States Visitor and Immigrant Status Indicator Technology”;
(17)
added $259,874 from Federal Emergency Management Agency “Salaries and Expenses”;
(18)
added $206,722 from Federal Emergency Management Agency “State and Local Programs”;
(19)
added $450,017 from Office of Health Affairs;
(20)
added $205,799 from United States Citizenship and Immigration Services;
(21)
added $512,660 from Federal Law Enforcement Training Center “Salaries and Expenses”;
(22)
added $244,553 from Science and Technology “Management and Administration”; and
(23)
added $128,565 from Domestic Nuclear Detection Office “Management and Administration”.

Sec. 574

added

added Fourteen days after the Secretary of Homeland Security submits a report required under this division to the Committees on Appropriations of the Senate and the House of Representatives, the Secretary shall submit a copy of that report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.

added

added 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:

removed

removed This division may be cited as the “Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2013”.

removed

removed 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:

added

added This division may be cited as the “Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2013”.

added

added 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:

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)
removed The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (division A of Public Law 112–55), except for the appropriations designated by the Congress as being for disaster relief in section 735 of such Act.
(2)
removed The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (division B of Public Law 112–55), except for the appropriation designated by the Congress as being for disaster relief in the second paragraph under the heading “Department of Commerce, Economic Development Administration, Economic Development Assistance Programs” in such Act.
(1)
renumbered was (1)(4) The Energy and Water Development and Related Agencies Appropriations Act, 2012 (division B of Public Law 112–74).
(2)
renumbered was (1)(5) The Financial Services and General Government Appropriations Act, 2012 (division C of Public Law 112–74).
(5)
removed The Department of Homeland Security Appropriations Act, 2012 (division D of Public Law 112–74).
(3)
renumbered was (1)(7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112–74).
(4)
renumbered was (1)(8) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2012 (division F of Public Law 112–74).
(5)
renumbered was (1)(9) The Legislative Branch Appropriations Act, 2012 (division G of Public Law 112–74).
(6)
renumbered was (1)(10) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74).
(7)
renumbered was (1)(11) 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)
renumbered was (1)(12) 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. 1109

(a)
For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2012, and for activities under the Food and Nutrition Act of 2008, the levels established by section 1101 shall be the amounts necessary to maintain program levels under current law and under the authority and conditions provided in the applicable appropriations Acts for fiscal year 2012.
(b)
In addition to the amounts otherwise provided by section 1101, the following amounts shall be available for the following accounts for advance payments for the first quarter of fiscal year 2014:
(1)
“Department of Labor, Office of Workers’ Compensation Programs, Special Benefits for Disabled Coal Miners”, for benefit payments under title IV of the Federal Mine Safety and Health Act of 1977, $40,000,000, to remain available until expended.
(2)
“Department of Health and Human Services, Centers for Medicare and Medicaid Services, Grants to States for Medicaid”, for payments to States or in the case of section 1928 on behalf of States under title XIX of the Social Security Act, $106,335,631,000, to remain available until expended.
(3)
changed “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, 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)
changed “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 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

added 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.

(a)
removed 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.
(b)
removed Of the amount made available by section 1101 for “Social Security Administration, Limitation on Administrative Expenses”, $483,484,000 is additional new budget authority specified for purposes of subsection 251(b)(2)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. 1114

changed Not later than May 1, 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.

added

added This division may be cited as the “Full-Year Continuing Appropriations Act, 2013”.

Sec. 1201

changed Notwithstanding section 1101, the level The amounts available for “Domestic Food Programs, Food and Nutrition Service, Commodity Assistance Program”, shall be $253,952,000, “Corps of which $186,935,000 shall be for Engineers—Civil, Department of the Commodity Supplemental Food Program.Army, Corps of Engineers—Civil, Construction” are hereby reduced by $20,000,000.

Sec. 1202

changed Notwithstanding section 1101, the amounts included under level for “Department of the heading “Agricultural Programs, Farm Service Agency, Agricultural Credit Insurance Fund Program Interior, Central Utah Project, Central Utah Project Completion Account” in division A shall be $19,700,000, of Public Law 112–55 which, $1,200,000 shall be applied to funds appropriated by this division as follows: by substituting “$2,000,000,000” for “$1,500,000,000” deposited into the first place it appears; by substituting “$1,258,887,000” for “$1,050,090,000”; “Utah Reclamation Mitigation and Conservation Account” for use by substituting “$70,120,000” the Utah Reclamation Mitigation and Conservation Commission. In addition $1,300,000 is provided for “$59,120,000”.necessary expenses incurred in carrying out the responsibilities of the Secretary of the Interior.

Sec. 1203

changed Notwithstanding section 1101, the Secretary level for each of Agriculture may transfer funds among the loan following accounts shall be as follows: “Department of Energy, Energy Efficiency and loan guarantee programs within the Rural Development mission area to maintain the 2012 program levels, 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 the extent possible, for such programs and activities during fiscal year 2013.remain available until expended.

Sec. 1204

changed Notwithstanding section 1101, amounts otherwise provided by section 1101 for “Department of Health and Human Services, Food and Drug Administration, Salaries and Expenses” for medical device user fees shall be increased by the amounts by which the authorized levels of such fees for fiscal unobligated balances from prior year 2013 exceed the authorized levels appropriations available under “Department of such fees for fiscal year 2012: Energy, Northeast Home Heating Oil Reserve” $6,000,000 are hereby permanently rescinded: Provided, That no amounts collected for fees specified in this section for fiscal year 2013 that exceed applicable fiscal year 2013 limitations for such fees are appropriated and shall may be credited rescinded from amounts that were designated as an emergency requirement pursuant to such account the Concurrent Resolution on the Budget or the Balanced Budget and remain available until expended.Emergency Deficit Control Act of 1985.

Sec. 1205

(a)
added 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)
added Section 301(c) of division B of Public Law 112–274 shall not apply to amounts made available by this section.

removed Notwithstanding section 1101, fees authorized for fiscal year 2013 pursuant to section 744B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-42) shall be credited to “Department of Health and Human Services, Food and Drug Administration, Salaries and Expenses” and remain available until expended.

Sec. 1206

changed Sections 744 and 748 of division A of Public Law 112–55 shall not apply In addition to funds appropriated amounts otherwise made available by this division.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

changed Of the funds Section 14704 of title 40, United States Code, shall be applied to amounts made available for “Rural Development Programs, Rural Business—Cooperative Service, Rural Economic Development Loans Program Account”, of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of this division by substituting the Rural Electrification Act date specified in section 1106 of 1936 (7 U.S.C. 940c), $180,000,000 shall not be obligated and $180,000,000 is rescinded.this division for “October 1, 2012”.

Sec. 1208

removed
(a)
removed Notwithstanding section 1101, the first and second provisos of section 726(15) of division A of Public Law 112–55 shall be applied to funds appropriated by this division as if “, in this fiscal year,” appeared before “section 19(i)(1)(E)” the first place it appears, by substituting “$39,000,000” for “$20,000,000”, and by substituting “$117,000,000” for “$133,000,000”.
(b)
removed Of the unobligated balances available under section 14222(b)(2)(A)(v) of Public Law 110–246 (7 U.S.C. 612c–6(b)(2)(A)(v)), $150,000,000 is rescinded.

Sec. 1209

removed

removed In addition to amounts provided elsewhere in this division, $48,256,765 is appropriated for activities under section 403 of the Agricultural Credit Act of 1978 (Emergency Watershed Protection Program; 16 U.S.C. 2203) for necessary expenses resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That the Secretary of Agriculture shall transfer these funds to the Natural Resources Conservation Service.

Sec. 1210

removed

removed Section 1109(a) of this division shall not be construed to change the requirement that $3,000,000,000, to remain available until September 30, 2014, be placed in reserve for “Domestic Food Programs, Food and Nutrition Service, Supplemental Nutrition Assistance Program”.

Sec. 1211

removed

removed Notwithstanding section 1101, the level for “Agricultural Programs, National Agricultural Statistics Service” shall be $179,477,000, of which up to $62,500,000 shall be available until expended for the Census of Agriculture.

Sec. 1301

(a)
added 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)
added 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”.

removed Notwithstanding section 1101, the level for “National Oceanic and Atmospheric Administration, Procurement, Acquisition and Construction” shall be $1,951,036,000, of which $802,000,000 shall be for the Geostationary Operational Environmental Satellite–R system.

Sec. 1302

changed Notwithstanding section 1101, the level for each “District of Columbia, Federal Funds, Federal Payment for Emergency Planning and Security Costs in the following accounts District of Columbia” shall be $0: “Department of Justice, General Administration, National Drug Intelligence Center”; “Department $24,700,000, of Justice, Drug Enforcement Administration, Construction”.which not less than $9,800,000 shall be used for costs associated with the Presidential Inauguration.

Sec. 1303

changed Notwithstanding section 1101, the level for “Department fifth proviso under the heading “Federal Communications Commission, Salaries and Expenses” in division C of Justice, General Administration, Justice Information Sharing Technology” Public Law 112–74 shall be $22,000,000.applied by substituting “$98,739,000” for “$85,000,000”.

Sec. 1304

changed Notwithstanding any other provision of this division, amounts made available by section 1101, the level 1101 for “Department of Justice, Federal Bureau the Treasury, Departmental Offices, Salaries and Expenses” and “Department of Investigation, the Treasury, Office of Inspector General, Salaries and Expenses” shall may be $8,165,520,000.used for activities in connection with section 1602(e) of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (subtitle F of title I of division A of Public Law 112–141).

Sec. 1305

changed Notwithstanding section 1101, the level for “Department “Office of Justice, Federal Prison System, Government Ethics, Salaries and Expenses” shall be $6,689,481,000.$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

changed Notwithstanding section 1101, the level for “Department “Small Business Administration, Business Loans Program Account” for the cost of Justice, Office guaranteed loans as authorized by section 7(a) of Justice Programs, State the Small Business Act and Local Law Enforcement Assistance” shall be $1,062,500,000: Provided, That section 503 of the amounts included under such heading in division B Small Business Investment Act of Public Law 112–55 1958 shall be applied to funds appropriated by this division as follows: by substituting “$370,000,000” for “$470,000,000”; and by substituting “$0” for “$100,000,000”.$333,600,000.

Sec. 1307

changed Of the unobligated balances available for “Department of Justice, Legal Activities, Assets the Treasury, Treasury Forfeiture Fund”, $675,000,000 is $950,000,000 are rescinded.

Sec. 1308

changed Of Notwithstanding section 1101, the unobligated balances available 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 Justice, Federal Prison System, Buildings and Facilities”, $64,700,000 is rescinded, to the Treasury—Community Development Financial Institutions Fund Program Account” shall be derived from amounts available for the “Acquire Existing Institution for Higher Security FCI” project.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

changed Section 505 of division B Sections 9503(a), 9504(a) and (b), and 9505(a) of Public Law 112–55 shall be applied to funds appropriated by this division title 5, United States Code, are amended by substituting “45” for “15”.striking “Before July 23, 2013” each place it occurs and inserting “Before September 30, 2013”.

Sec. 1310

added 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.

(a)
removed 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)
removed 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 division B of Public Law 112–55.
(c)
removed 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 division B of Public Law 112–55.
(d)
removed Of amounts available in the Department of Justice Assets Forfeiture Fund in fiscal year 2013, $154,700,000 shall be for payments associated with joint law enforcement operations in fiscal year 2013 as authorized by section 524(c)(1)(I) of title 28, United States Code.
(e)
removed 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 division detailing the planned distribution of the Department of Justice Assets Forfeiture Fund joint law enforcement operations funding during fiscal year 2013.
(f)
removed Subsections (a) through (d) of this section shall sunset on September 30, 2013.

Sec. 1311

changed Notwithstanding section 1101, the level for “National Aeronautics and Space Administration, Exploration” shall be $4,152,000,000: Provided, That the amounts included under such heading in division B “The Judiciary, Courts of Public Law 112–55 Appeals, District Courts, and Other Judicial Services, Defender Services” shall be applied to funds appropriated by this division as follows: by substituting “$2,119,000,000” for “$1,860,000,000”; by substituting “$525,000,000” for “$406,000,000”; by substituting “$308,000,000” for “$304,800,000”; by substituting “$454,000,000” for “$316,500,000”; and by substituting “$265,000,000” for “$58,000,000”.$1,040,000,000.

Sec. 1312

(a)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added by striking “10 years” and inserting “11 years”; and
(3)
added 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.”.

removed Notwithstanding section 1101, the level for each of the following accounts shall be as follows: “National Aeronautics and Space Administration, Space Operations”, $4,000,000,000; and “National Aeronautics and Space Administration, Cross Agency Support”, $2,847,400,000.

Sec. 1313

added

added 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

added

added Notwithstanding section 1101, the level for “Federal Deposit Insurance Corporation, Office of the Inspector General” shall be $34,568,000.

Sec. 1401

added Notwithstanding section 1101, the levels for the following appropriations of the Department of the Interior shall be:

(a)
removed 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.
(a)
changed Section 301(c) $950,757,000 for “Bureau of Land Management, Management of Lands and Resources”: Provided, That the amounts included under such heading in division B E of Public Law 112–74 shall not apply be applied to amounts made available funds appropriated by this section.division by substituting “$950,757,000” for “$961,900,000” the second place it appears;
(b)
added $0 for “Bureau of Land Management, Construction”;
(c)
added $1,213,915,000 for “United States Fish and Wildlife Service, Resource Management”;
(d)
added $19,136,000 for “United States Fish and Wildlife Service, Construction”;
(e)
added $2,214,202,000 for “National Park Service, Operation of the National Park Service”;
(f)
added $131,173,000 for “National Park Service, Construction”;
(g)
added $105,910,000 for “Bureau of Indian Affairs, Construction”;
(h)
added $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)
added $146,000,000 for “Office of the Special Trustee for American Indians, Federal Trust Programs”; and
(j)
added $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

changed In addition to amounts otherwise made available The contract authority provided for fiscal year 2013 by this division, $150,000,000 16 U.S.C. 460l–10a 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.rescinded.

Sec. 1403

changed Section 14704 10101(a) of title 40, United States Code, shall be applied to amounts made available by this division by substituting the date specified in Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f(a)), as amended by section 1106 430 of this division for “October 1, 2012”.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)
added in paragraph (1) in the first sentence, by striking “on” the first place it appears and inserting “before, on,”; and
(2)
added in paragraph (2)—
(A)
added by striking “located” the second place it appears;
(B)
added 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)
added by striking “(a)” in the first sentence and inserting “(a)(1)”.

Sec. 1404

added
(a)
added 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)
added 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)
added Section 12 of Public Law 100–692 (16 U.S.C. 461 note) is amended—
(1)
added in subsection (c)(1), by striking “2012” and inserting “2013”; and
(2)
added 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)
added Section 108 of Public Law 106–278 (16 U.S.C. 461 note) is amended by striking “2012” and inserting “2013”.

Sec. 1405

added

added Notwithstanding section 1101, the levels for the following appropriations of the Environmental Protection Agency shall be:

(a)
added $785,291,000 for “Science and Technology”;
(b)
added $2,651,440,000 for “Environmental Programs and Management”;
(c)
added $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)
added $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

added
(a)
added Of the unobligated balances available to the Environmental Protection Agency under the following headings from prior appropriation Acts, the following amounts are rescinded:
(1)
added “Hazardous Substance Superfund”, $15,000,000.
(2)
added “State and Tribal Assistance Grants”, $35,000,000, as follows:
(A)
added $10,000,000 from unobligated Brownfields balances.
(B)
added $5,000,000 from unobligated categorical grant balances.
(C)
added $10,000,000 from unobligated Drinking Water State Revolving Funds balances.
(D)
added $10,000,000 from unobligated Clean Water State Revolving Funds balances.
(b)
added 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

added

added 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

added

added Notwithstanding section 1101, the levels for the following appropriations of the Department of Agriculture shall be:

(a)
added $1,536,596,000 for “Forest Service, National Forest System”;
(b)
added $369,800,000 for “Forest Service, Capital Improvement and Maintenance”; and
(c)
added $1,971,390,000 for “Forest Service, Wildland Fire Management”.

Sec. 1409

added

added Notwithstanding section 1101, the levels for the following appropriations of the Department of Health and Human Services shall be:

(a)
added $3,914,599,000 for “Indian Health Service, Indian Health Services”; and
(b)
added $441,605,000 for “Indian Health Service, Indian Health Facilities”.

Sec. 1410

added

added Notwithstanding section 1101, the level for “Smithsonian Institution, Salaries and Expenses” shall be $640,512,000.

Sec. 1411

added

added 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

added

added Notwithstanding section 1101, the level for “Presidio Trust, Presidio Trust Fund” shall be $0.

Sec. 1413

added

added 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:

added “(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

added

added 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

added

added The authority provided by section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2000 (enacted by reference in section 1000(a)(3) of Public Law 106–113; 16 U.S.C. 497 note) shall continue in effect through the date specified in section 1106 of this division.

Sec. 1416

added

added No funds made available under this Act shall be used for a 180-day period beginning on date of enactment of this Act to enforce with respect to any farm (as that term is defined in section 112.2 of title 40, Code of Federal Regulations (or successor regulations)) the Spill, Prevention, Control, and Countermeasure rule, including amendments to that rule, promulgated by the Environmental Protection Agency under part 112 of title 40, Code of Federal Regulations.

Sec. 1501

added 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.

(a)
removed 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)
removed 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. 1502

changed Notwithstanding section 1101, the level for “District of Columbia, Federal Funds, Federal Payment for Emergency Planning and which may be expended from the Employment Security Costs in Administration Account of the District Unemployment Trust Fund for administrative expenses of Columbia” “Department of Labor, Employment and Training Administration, State Unemployment Insurance and Employment Service Operations” shall be $24,700,000, $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 not less than $9,800,000 $3,115,142,000 shall be used for costs associated with grants to the Presidential Inauguration.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

changed Notwithstanding section 1101, the fifth proviso language under the heading “Federal Communications Commission, “Department of Labor, Mine Safety and Health Administration, Salaries and Expenses” in division C of Public Law 112–74 shall be applied to funds appropriated by this Act by substituting “$98,739,000” “is authorized to collect and retain up to $2,499,000” for “$85,000,000”.“may retain up to $1,499,000”.

Sec. 1504

changed Notwithstanding any other provision of this division, amounts made available by section 1101 1101, the level for “Department of the Treasury, Departmental Offices, Salaries and Expenses” Labor, Veterans Employment and “Department Training” shall be $264,436,000, of which $226,251,000 shall be derived from the Treasury, Office of Inspector General, Salaries and Expenses” may 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 activities in connection with section 1602(e) of the Resources and Ecosystems Sustainability, Tourist Opportunities, Transition Assistance Program and Revived Economies of activities authorized by the Gulf Coast States VOW to Hire Heroes Act of 2012 (subtitle F of title I of division A 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 Public Law 112–141).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

changed Notwithstanding All funds provided for the Health Centers program, as defined by section 1101, 330 of the level Public Health Service Act, by this Act or any other Act providing appropriations for “Office of Government Ethics, Salaries and Expenses” fiscal year 2013 shall be $18,664,000, obligated by the Secretary of Health and Human Services by September 30, 2013, of which $5,000,000 $48,000,000 shall be awarded for development and deployment of the centralized, publicly accessible database required in section 11(b) of the STOCK Act (Public Law 112–105).base grant adjustments.

Sec. 1506

changed Notwithstanding section 1101, The Director of the level Centers for “Small Business Administration, Business Loans Program Account” Disease Control and Prevention (hereafter referred to in this division as “CDC”) may detail CDC staff without reimbursement for the cost up to 30 days to support an activation of guaranteed loans the CDC Emergency Operations Center, so long as authorized by section 7(a) the Director provides notification within 15 days of the Small Business Act use of this authority and section 503 a full report to the Committees on Appropriations of the Small Business Investment Act House of 1958 shall be $333,600,000.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.

Sec. 1507

changed Of 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 “Department 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 Treasury, Treasury Forfeiture Fund”, $950,000,000 authorities provided in 42 U.S.C. 231, ensure that the WCF is rescinded.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.

Sec. 1508

added

added 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

added

added 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

added

added 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

added

added In addition to amounts otherwise made available by section 1101, $33,500,000 is appropriated for “Department of Health and Human Services, Administration for Children and Families, Children and Families Services” for making payments under the Head Start Act: Provided, That notwithstanding section 640 of such Act, up to $25,000,000 of such funds shall be available for allocation by the Secretary to supplement activities described in paragraphs (7)(B) and (9) of section 641(c) of the Head Start Act under the Designation Renewal System, established under the authority of sections 641(c)(7), 645A(b)(12) and 645A(d) of such Act: Provided further, That amounts allocated to Head Start grantees at the discretion of the Secretary to supplement activities pursuant to the previous proviso shall not be included in the calculation of the “base grant” in subsequent fiscal years, as such term is used in section 640(a)(7)(A) of the Head Start Act.

Sec. 1512

added

added 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

added

added 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

added

added 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

added

added 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

added

added Notwithstanding section 1101, the level for “Railroad Retirement Board, Limitation on Administration” shall be $111,149,000.

Sec. 1517

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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

added

added 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.”.

Sec. 1601

added 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.

(a)
removed Amounts made available by this division for “Department of Homeland Security, U.S. Customs and Border Protection, Salaries and Expenses” shall be obligated as necessary to maintain the staffing levels (including by backfilling vacant positions) of Border Patrol agents, Customs and Border Protection officers, and Air and Marine interdiction agents in effect at the end of the fourth quarter of fiscal year 2012, or, with respect to Border Patrol agents, at such greater levels as may otherwise be required in the second proviso under such heading in division D of Public Law 112–74.
(b)
removed Not later than 30 days after the date of the enactment of this division, the Commissioner of U.S. Customs and Border Protection shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for “Department of Homeland Security, U.S. Customs and Border Protection, Salaries and Expenses” at the program, project, and activity level that specifies how the Commissioner will maintain staffing levels as required under subsection (a) throughout fiscal year 2013.

Sec. 1602

added Notwithstanding section 1101, the level for “Joint Congressional Committee On Inaugural Ceremonies of 2013” shall be $0.

(a)
removed Amounts made available by this division for “Department of Homeland Security, U.S. Immigration and Customs Enforcement, Salaries and Expenses” shall be obligated as necessary to maintain a level not less than 34,000 detention beds as required in the sixth proviso under such heading in division D of Public Law 112–74.
(b)
removed Not later than 30 days after the date of the enactment of this division, the Assistant Secretary of U.S. Immigration and Customs Enforcement shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for “Department of Homeland Security, U.S. Immigration and Customs Enforcement, Salaries and Expenses” at the program, project, and activity level that specifies how the Assistant Secretary will maintain detention bed levels as required under subsection (a) throughout fiscal year 2013.

Sec. 1603

changed Notwithstanding section 1101, the levels level for the following accounts of the Department of Homeland Security “Capitol Police, General Expenses” shall be as follows:$62,004,000.

(1)
removed “Office of the Secretary and Executive Management”, $126,074,000.
(2)
removed “Analysis and Operations”, $322,280,000.
(3)
removed “U.S. Customs and Border Protection, Salaries and Expenses”, $9,024,610,000.
(4)
removed “U.S. Customs and Border Protection, Border Security Fencing, Infrastructure, and Technology”, $324,099,000.
(5)
removed “U.S. Customs and Border Protection, Air and Marine Interdiction, Operations, Maintenance, and Procurement”, $515,436,000.
(6)
removed “Transportation Security Administration, Transportation Security Support”, $954,277,000.
(7)
removed “Transportation Security Administration, Federal Air Marshals”, $910,563,000.
(8)
removed “United States Secret Service, Salaries and Expenses”, $1,601,454,000.
(9)
removed “National Protection and Programs Directorate, United States Visitor and Immigrant Status Indicator Technology”, $279,133,000.
(10)
removed “Office of Health Affairs”, $132,499,000 of which $85,390,000 shall be for BioWatch and $26,702,000 is for salaries and expenses.
(11)
removed “Federal Emergency Management Agency, Salaries and Expenses”, $837,090,000, of which $35,180,000 shall be for the National Urban Search and Rescue Response System, not to exceed $22,000,000 shall be for capital improvements at the Mount Weather Emergency Operations Center, and not less than $5,000,000 shall be for expenses related to modernization of automated systems.
(12)
removed “United States Citizenship and Immigration Services”, $111,924,000 for the E-Verify Program.

Sec. 1604

changed Notwithstanding section 1101, the level of funding for “Department “Architect of Homeland Security, Transportation Security Administration, Aviation Security” shall be $5,048,008,000: Provided, That the amounts included under such heading in division D of Public Law 112–74 Capitol, General Administration” shall be applied to funds appropriated by this division by substituting “$3,972,020,000” for “$4,167,631,000”; by substituting “$408,930,000” for “$543,103,000”; by substituting “$115,204,000” for “$204,768,000”; by substituting “$1,075,988,000” for “$1,086,325,000”; by substituting “9 percent” for “10 percent”; and by substituting “$2,978,008,000” for “$3,223,956,000”.$97,340,000.

Sec. 1605

(a)
added 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)
added 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)
added Any amounts transferred under the authority of subsection (a) shall remain available until expended.

removed Notwithstanding section 1101, the level for “Department of Homeland Security, Coast Guard, Acquisition, Construction, and Improvements” shall be $1,468,393,000, of which $1,005,800,000 shall be for vessels, small boats, and related equipment, including 6 Fast Response Cutters, 1 National Security Cutter, 5 Response Boat-Mediums, and initial development of an icebreaker; and $190,500,000 shall be for aircraft including 1 missionized HC-130J aircraft, 1 missionized HC-144 aircraft, and one H-60 helicopter, $64,000,000 shall be for other acquisition programs, $94,411,000 shall be for shore, military housing, and aids to navigation, and $113,682,000 shall be for personnel compensation and benefits and other costs: Provided, That funds under this heading for vessels 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 Coast Guard may decommission one High Endurance Cutter, retire 3 HU-24 aircraft, disestablish the Patrol Boat High-Tempo-Maintenance Operations, and disestablish the Vintage Vessel National Center of Expertise.

Sec. 1606

(a)
added 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.

removed The following amounts are rescinded:

(b)
changed Effective date— Of the funds made available for “Department of Homeland Security, Coast Guard, Acquisition, Construction, and Improvements” in division D of Public Law 110–329, $25,000,000, This section shall apply with respect to be derived from the amounts made available under such heading appropriations for the fourth National Security Cutter.fiscal year 2013 and each year thereafter.
(2)
removed Of the funds made available for “Department of Homeland Security, Coast Guard, Acquisition, Construction, and Improvements” in Public Law 112–10, $43,500,000, to be derived from the amounts made available under such heading for the fifth National Security Cutter.

Sec. 1607

added 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.

(a)
removed Notwithstanding section 1101, the level for “Department of Homeland Security, National Protection and Programs Directorate, Infrastructure Protection and Information Security” shall be $1,138,528,000: Provided, That of such amount, $328,000,000 shall be for Network Security Deployment, and $218,000,000 shall be for Federal Network Security to establish and sustain essential cybersecurity activities, including procurement and operations of continuous monitoring and diagnostics systems and intrusion detection systems for civilian Federal computer networks: Provided further, That of the aggregate amount made available in the preceding proviso for Network Security Deployment and Federal Network Security, $213,000,000 shall remain available until September 30, 2014.
(b)
removed Not later than 15 days after the date of the enactment of this division, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate an updated expenditure plan for essential cybersecurity activities described in subsection (a).

Sec. 1608

changed Section 532(a) of Notwithstanding section 1101, the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295) is amended by striking “2012” level for “Government Printing Office, Congressional Printing and inserting “2013”.Binding” shall be $83,632,000; “Government Printing Office, Government Printing Office Revolving Fund” shall be $4,000,000.

Sec. 1609

changed Section 550(b) of Notwithstanding section 1101, the Department level for “Government Printing Office, Office of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121 note) is amended by striking “on October 4, 2012” Superintendent of Documents, Salaries and inserting “on October 4, 2013”.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

changed Section 831 of Notwithstanding section 1101, the Homeland Security Act of 2002 (6 U.S.C. 391) is amended—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.

(1)
removed in subsection (a), by striking “Until September 30, 2012,” and inserting “Until September 30, 2013,”; and
(2)
removed in subsection (c)(1), by striking “September 30, 2012,” and inserting ‘‘September 30, 2013,”.

Sec. 1611

(a)
changed In General— The third, fourth, and fifth provisos under the heading “Department Available balances of Homeland Security, expired Government Accountability Office of the Secretary and Executive Management” in division D of Public Law 112–74 appropriations shall not apply be available to funds appropriated the Government Accountability Office to make the deposit to the credit of the Employees’ Compensation Fund required by this division.section 8147(b) of title 5 United States Code.
(b)
changed Effective Date— The second, third, and fourth provisos under the heading “Department of Homeland Security, National Protection and Programs Directorate, Management and Administration” in division D of Public Law 112–74 This section shall not apply with respect to funds appropriated by this division.fiscal year 2013 and each fiscal year thereafter.

Sec. 1612

added

added Notwithstanding section 1101, the level for “Open World Leadership Center Trust Fund” shall be $8,000,000.

Sec. 1701

(a)
added 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)
added 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.

removed The contract authority provided for fiscal year 2013 by 16 U.S.C. 460l–10a is rescinded.

Sec. 1702

(a)
added 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)
added Notwithstanding section 1101, the amounts included under the heading “Economic Support Fund” under title III in division I of Public Law 112–74 shall be applied to funds appropriated by this division by inserting after the tenth proviso and before the period the following: “: Provided further, That not less than $325,400,000 of the funds appropriated under this heading shall be transferred to, and merged with, funds appropriated under the heading “Development Assistance” in this Act”.

removed Notwithstanding section 1101, the level for ‘‘Department of the Interior, Department-wide Programs, Wildland Fire Management’’ shall be $823,473,000: Provided, That of the amounts made available by section 140(b) of Public Law 112–175 (126 Stat. 1321), $7,500,000 is rescinded.

Sec. 1703

(a)
added 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”.

removed 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—

(b)
changed in paragraph (1) in Notwithstanding section 1101, the first sentence, by striking “on” sentence under the first place it appears 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 “before, on,”; and“to remain available until September 30, 2014,” after “$590,113,000,”.
(c)
changed Notwithstanding section 1101, the third proviso under the heading “International Security Assistance, Department of State, Peacekeeping Operations” in paragraph (2)—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)
added 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”.
(A)
removed by striking “located” the second place it appears;
(B)
removed 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)
removed by striking “(a)” in the first sentence and inserting “(a)(1)”.

Sec. 1704

(a)
changed Of Notwithstanding section 1101, the unobligated balances available under levels for the following headings from prior appropriation Acts, 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 following amounts are rescinded: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.
(1)
removed “Hazardous Substance Superfund”, $15,000,000.
(2)
removed “State and Tribal Assistance Grants”, $35,000,000, as follows:
(A)
removed $10,000,000 from unobligated Brownfields balances.
(B)
removed $5,000,000 from unobligated categorical grant balances.
(C)
removed $10,000,000 from unobligated Drinking Water State Revolving Funds balances.
(D)
removed $10,000,000 from unobligated Clean Water State Revolving Funds balances.
(b)
changed No amounts may be rescinded under subsection (a) from amounts that were designated by Notwithstanding section 1101, the Congress as an emergency requirement pursuant to a concurrent resolution on level for the budget or 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 Balanced Budget President, Assistance for Europe, Eurasia and Emergency Deficit Control Act of 1985.Central Asia”; and “International Security Assistance, Funds Appropriated to the President, Pakistan Counterinsurgency Capability Fund”.
(c)
added 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)
added 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:

added “(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.

added “(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

changed Notwithstanding subsection (d)(2) of section 33 of Of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8), unexpended balances available under the Administrator heading “Export and Investment Assistance, Export-Import Bank of the Environmental Protection Agency may assess pesticide registration service fees under such section United States, Subsidy Appropriation” from prior Acts making appropriations for fiscal year 2013.the Department of State, foreign operations, and related programs, $400,000,000 are rescinded.

Sec. 1706

(a)
added 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)
added 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)
added 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)
added Notwithstanding section 1101, section 7054(b) in division I of Public Law 112–74 shall be applied for purposes of this division by inserting before the period in paragraph (2) “; or (3) such assistance, license, sale, or transfer is for the purpose of demilitarizing or disposing of such cluster munitions”.
(e)
added Notwithstanding section 1101, section 7063 in division I of Public Law 112–74 shall be applied to funds appropriated by this division by substituting “September 30, 2014” for “September 30, 2013”.
(f)
added Notwithstanding section 1101, sections 7070(a) and 7072(a) in division I of Public Law 112–74 shall be applied to funds appropriated by this division by substituting “headings” for “heading” and substituting ““Global Health Programs”, “Economic Support Fund”, and “International Narcotics Control and Law Enforcement” for “Assistance for Europe, Eurasia and Central Asia””.
(g)
added 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:

added “(d) Funds appropriated by this division under the heading “Economic Support Fund” may be made available, not withstanding any other provision of law, for assistance and related programs for the countries identified in section 3(c) of the Support for Eastern European Democracy (SEED) Act of 1989 (Public Law 101–179) and section 3 of the FREEDOM Support Act (Public Law 102–511) and may be used to carry out the provisions of those Acts: Provided, That such assistance and related programs from funds appropriated by this Act under the headings “Global Health Programs”, “Economic Support Fund”, and “International Narcotics Control and Law Enforcement” shall be administered in accordance with the responsibilities of the coordinator designated pursuant to section 601 of the Support for Eastern European Democracy (SEED) Act of 1989 (Public Law 101–179) and section 102 of the FREEDOM Support Act (Public Law 102–511), and shall be made available in amounts consistent with the amounts made available under the heading “Assistance for Europe, Eurasia and Central Asia” in fiscal year 2012, in consultation with the Committees on Appropriations.”

(h)
added The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended—
(1)
added in section 599D (8 U.S.C. 1157 note)—
(A)
added in subsection (b)(3), by striking “and 2012” and inserting “2012, and 2013”; and
(B)
added in subsection (e), by striking “2012” each place it appears and inserting “2013”; and
(2)
added in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking “2012” and inserting “2013”.
(i)
added Notwithstanding section 1101, section 7041(h) in division I of Public Law 112–74 shall be applied to funds appropriated by this division by including the following before the period: “ Provided, That prior to obligating funds made available by this Act for assistance for Syria, the Secretary of State shall consult with the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives: Provided further, That such funds shall be subject to the regular notification procedures of the Committees on Appropriations”.
(j)
added 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”.

removed Notwithstanding section 1101, the level for ‘‘Department of Agriculture, Forest Service, Wildland Fire Management’’ shall be $2,444,390,000. In addition to such amount, there is appropriated $40,000,000 for an additional amount for fiscal year 2013 for such account, to remain available until expended, for repayment to other appropriations accounts from which funds were transferred in fiscal year 2012 for wildfire suppression.

Sec. 1707

(a)
added 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)
added 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)
added 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)
added Notwithstanding section 1101, the amounts included under the heading “Office of Inspector General” under title VIII in division I of Public Law 112–74 shall be applied to funds appropriated by this division as follows: by substituting “$59,151,000” for “$67,182,000”, and by substituting “$6,000,000” for “$19,545,000” for the Special Inspector General for Iraq Reconstruction; and by substituting “$49,901,000” for “$44,387,000” for the Special Inspector General for Afghanistan Reconstruction.
(e)
added 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.

removed The authority provided by section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2000 (enacted by reference in section 1000(a)(3) of Public Law 106–113; 16 U.S.C. 497 note) shall continue in effect through the date specified in section 1106 of this division.

Sec. 1708

changed Notwithstanding section 1101, the level for “Presidio Trust, Presidio Trust Fund” and “Dwight D. Eisenhower Memorial Commission, Capital Construction” title VIII of division I of Public Law 112–74 shall be $0.applied to funds appropriated by this division by inserting the following at the end of section 8004:

added “8005.

added “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.

added “8006.

added “Funds appropriated by this title shall be made available for assistance for Jordan, in addition to amounts otherwise made available by this Act.”

Sec. 1709

removed

removed 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. 1801

(a)
added 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)
added “Department of Transportation—Federal Highway Administration—Limitation on Administrative Expenses”;
(2)
added “Department of Transportation—Federal Highway Administration—Federal-Aid Highways—(Limitation on Obligations)—(Highway Trust Fund)—(Liquidation of Contract Authorization)—(Highway Trust Fund)”;
(3)
added “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)
added “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)
added “Department of Transportation—National Highway Traffic Safety Administration—Operations and Research—(Liquidation of Contract Authorization)—(Limitation on Obligations)—(Highway Trust Fund)”.
(b)
added Section 120 of division C of Public Law 112–55 shall not apply to amounts made available by this division.
(c)
added During the period covered by this division, section 1102 of Public Law 112–141 shall be applied—
(1)
added in subsection (b)(10), as if the limitation applicable through fiscal year 2011 applied through fiscal year 2012; and
(2)
added 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.

removed Of the funds made available to the “Department of Labor, Employment and Training Administration” from any previous appropriations acts that remain unobligated as of the date of enactment of this division, up to $40,000,000 may be transferred to “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 $15,000,000 shall be transferred within 30 days of enactment of this division 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 and the specific programs, projects, or activities for which such funds will be used, and provides a detailed explanation of the need for such transfer.

Sec. 1802

changed Notwithstanding section 1101, sections 1101 and 1104, the level for language under the heading “Department of Labor, Veterans Employment and Training” Transportation—National Highway Traffic Safety Administration—Highway Traffic Safety Grants—(Liquidation of Contract Authorization)—(Limitation on Obligations)—(Highway Trust Fund)” shall be $264,436,000, applied to funds made available by this Act as if the language read as follows: “For payment of which $226,251,000 shall 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 Employment Security Administration Account in the Unemployment Highway Trust Fund: Fund (other than the Mass Transit Account): Provided, That none of the level provided under such heading for Veterans Workforce Investment Program grants funds in this Act shall be used available for the Transition Assistance Program and activities 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 the VOW to Hire Heroes Act section 31106 of 2011, Public Law 112–141), and section 31101(a)(6) of Public Law 112–141, of which $235,000,000 shall be available through September 30, 2013, 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 in addition to any other funds available for those purposes: “Administrative Expenses” under section 31101(a)(6) of Public Law 112–141: Provided further, That not to exceed $500,000 of the level provided under such heading, not less than $14,000,000 shall be funds made available for the Transition Assistance Program, and $3,414,000 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 National Veterans’ Employment and Training Services Institute.States.”

Sec. 1803

(a)
added 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)
added 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)
added 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)
added 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)
added 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”.

removed The first proviso under the heading “Department of Health and Human Services, Administration for Children and Families, Low Income Home Energy Assistance” in division F of Public Law 112–74 shall be applied to amounts made available by this division by substituting “2013” for “2012”.

Sec. 1804

changed Notwithstanding section 1101, the level for “Department Section 112 of Health and Human Services, Administration for Children and Families, Refugee and Entrant Assistance” division C of Public Law 112–55 shall be $992,000,000.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

changed Notwithstanding section 1101, the rescissions made in sections 522 and 525 of division F level for “Department of Public Law 112–74 Housing and Urban Development, Community Planning and Development, Homeless Assistance Grants” shall be repeated in this division $2,033,000,000: Provided, That the level for project-based rental assistance with respect to funds available rehabilitation projects with 10-year grant terms shall be $0, and any unobligated amounts appropriated under such heading for such purpose in fiscal year 2013.2012 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

changed Of the amount provided by section Notwithstanding sections 1101 and 1104, the level for “Department of Education, Safe Schools Housing and Citizenship Education” for subpart 2 of part A of title IV of the Elementary Urban Development, Public and Secondary Education Act 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 1965, $3,000,000, to remain available until expended, 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 Project School Emergency Response to Violence program to provide education-related services to local educational agencies Housing and institutions Community Development Act of higher education in which the learning environment has been disrupted due 1992 is amended to a violent or traumatic crisis.read as follows:

added “(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. 1901

removed
(a)
removed 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)
removed 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)
removed Any amounts transferred under the authority of subsection (a) shall remain available until expended.

Sec. 2001

removed
(a)
removed Notwithstanding section 1101, the level for the following accounts shall be as follows: “Overseas Contingency Operations/Global War on Terrorism, Department of State, Administration of Foreign Affairs, Diplomatic and Consular Programs”, $4,169,640,000, of which $952,695,000 is for Worldwide Security Protection (to be available until expended); and “Overseas Contingency Operations/Global War on Terrorism, Department of State, Administration of Foreign Affairs, Embassy Security, Construction, and Maintenance”, $1,362,124,000: 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)
removed Of the unobligated balances from funds appropriated in title VIII of division I of Public Law 112–74 under the heading “Overseas Contingency Operations/Global War on Terrorism, Department of State, Administration of Foreign Affairs, 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 is rescinded.
(c)
removed The Secretary of State shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate providing an assessment of security requirements at United States diplomatic facilities abroad, a comprehensive plan for addressing such requirements, and a detailed description of embassy security improvements to be supported from funds made available under this section. Such report shall be submitted in unclassified form, but may include a classified annex if appropriate.

Sec. 2002

removed

removed The amounts included in the first paragraph under the heading “International Security Assistance, Funds Appropriated to the President, Foreign Military Financing Program” in title IV of 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. 2003

removed
(a)
removed Notwithstanding section 1101, the level for each of the following accounts shall be $0: “Multilateral Assistance, International Financial Institutions, Contribution to the Enterprise for the Americas Multilateral Investment Fund” and “Multilateral Assistance, International Financial Institutions, European Bank for Reconstruction and Development, Limitation on Callable Capital Subscriptions”.
(b)
removed Notwithstanding section 1101, the level for the second paragraph for each of the following accounts shall be $0: “Multilateral Assistance, International Financial Institutions, Contribution to the International Development Association”, “Multilateral Assistance, International Financial Institutions, Contribution to the Inter-American Development Bank”, and “Multilateral Assistance, International Financial Institutions, Contribution to the African Development Fund”.

Sec. 2004

removed

removed The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended—

(a)
removed in section 599D (8 U.S.C. 1157 note)—
(1)
removed in subsection (b)(3), by striking “and 2012” and inserting “2012, and 2013”; and
(2)
removed in subsection (e), by striking “2012” each place it appears and inserting “2013”; and
(b)
removed in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking “2012” and inserting “2013”.

Sec. 2005

removed

removed 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, $216,213,000 is rescinded.

Sec. 2101

removed
(a)
removed Section 120 of division C of Public Law 112–55 shall not apply to amounts made available by this division.
(b)
removed During the period covered by this division, section 1102 of Public Law 112–141 shall be applied—
(1)
removed in subsection (a)(1), by substituting “$39,143,582,670” for “$39,699,000,000”;
(2)
removed in subsection (b)(10), as if the limitation applicable through fiscal year 2011 applied through fiscal year 2012; and
(3)
removed 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. 2102

removed

removed Notwithstanding section 1101, the level for “Department of Transportation, National Highway Traffic Safety Administration, Highway Traffic Safety Grants” shall be $501,828,000: Provided, That the matter under such heading in division C of Public Law 112–55 shall be applied to amounts made available by this division as follows:

(1)
removed by substituting “$501,828,000” for “$550,328,000” the second place it appears;
(2)
removed by substituting “23 U.S.C. 402 and 405 (“National Priority Safety Programs”), section 31101(a)(6) of Public Law 112–141, and section 2009 of Public Law 109–59 (as amended by Public Law 112–141)” for “23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59” each place it appears;
(3)
removed by substituting “fiscal year 2013” for “fiscal year 2012”;
(4)
removed by substituting ““Occupant Protection Grants” under 23 U.S.C. 405(b)” for ““Occupant Protection Incentive Grants” under 23 U.S.C. 405”;
(5)
removed by substituting “$0” for “$48,500,000”;
(6)
removed by substituting ““State Traffic Safety Information System Improvements” under 23 U.S.C. 405(c)” for ““State Traffic Safety Information System Improvements” under 23 U.S.C. 408”;
(7)
removed by substituting ““Impaired Driving Countermeasures” under 23 U.S.C. 405(d)” for ““Alcohol-Impaired Driving Countermeasures Incentive Grant Program” under 23 U.S.C. 410”;
(8)
removed by substituting ““Administrative Expenses” under section 31101(a)(6) of Public Law 112–141” for ““Administrative Expenses” under section 2001(a)(11) of Public Law 109–59”;
(9)
removed by substituting ““Motorcyclist Safety” under 23 U.S.C. 405(f)” for ““Motorcyclist Safety” under section 2010 of Public Law 109–59”;
(10)
removed by substituting ““Occupant Protection Grants” under 23 U.S.C. 405(b)” for ““Child Safety and Child Booster Seat Safety Incentive Grants” under section 2011 of Public Law 109–59”;
(11)
removed by substituting “section 405(a)(1)(C) of title 23, United States Code” for “section 410 “Alcohol-Impaired Driving Countermeasures Grants””;
(12)
removed by substituting “$0” for “$750,000”; and
(13)
removed by substituting “$0” for “$25,000,000”.

Sec. 2103

removed

removed The matter under the heading “Department of Transportation, Federal Transit Administration, Formula and Bus Grants” in division C of Public Law 112–55 shall be applied to amounts made available by this division by substituting “49 U.S.C. 5305, 5307, 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and 5340” for “49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105–178, as amended” each place it appears.

Sec. 2104

removed

removed 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. 2105

removed

removed 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. 2106

removed

removed The first proviso under the heading “Department of Housing and Urban Development, Community Planning and Development, Homeless Assistance Grants” in division C of Public Law 112–55 (125 Stat. 685) shall be applied to amounts appropriated by this division by substituting “not more than” for “not less than”.

Sec. 2107

removed

removed Notwithstanding section 1101, the level for “Department of Housing and Urban Development, Public and Indian Housing, Indian Housing Loan Guarantee Fund Program Account” shall be $7,360,000: Provided, That 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”.

removed

removed This division may be cited as the “Full-Year Continuing Appropriations Act, 2013”.

Sec. 1807

added

added 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

added

added The heading “Department of Housing and Urban Development, Public and Indian Housing, Housing Certificate Fund (rescission)” in division C of Public Law 112–55 shall be applied by striking “(Rescission)” in the heading and by replacing all of the language under such heading with the language under such heading in division A of Public Law 111–117 and by striking “2010” in such replacement language and inserting “2013”.

Sec. 1809

added

added 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

added

added 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”.

Sec. 3001

(a)
changed There is hereby rescinded the applicable percentage (as specified in subsection (b)) of—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
(1)
removed the budget authority provided (or obligation limit imposed) for fiscal year 2013 for any discretionary account in divisions A through C of this Act;
(2)
removed 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)
removed 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.
(b)
removed
(b)
renumbered was (2)(1) For purposes of subsection (a), the applicable percentage shall be—
(A)
removed 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), 0.098 percent; and
(B)
removed 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), 0.109 percent.
(1)
changed If, for fiscal year 2013, the amount of new budget authority provided in appropriation Acts exceeds the discretionary spending limits set forth nonsecurity category (as defined in section 251(c)(2) 250(c)(4)(A) 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 paragraph (1) with respect to that category by such amount as is necessary to eliminate the amount of the excess in that category.1985, in—
(A)
added divisions A and E, 2.513. percent; and
(B)
added division B, 1.877 percent; and
(2)
added for budget authority in the security category (as defined in section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985), 0.1 percent.
(c)
Any rescission made by subsection (a) shall be applied proportionately—
(1)
to each discretionary account and each item of budget authority described in such subsection; and
(2)
within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the applicable appropriation Act or accompanying reports covering such account or item).
(d)
changed This section shall not apply to—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
(1)
removed 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)
removed 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.
(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. 3003

added
(a)
added 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)
added Each report submitted shall include, for each conference described in subsection (a) held during the applicable period—
(1)
added a description of its purpose;
(2)
added the number of participants attending;
(3)
added a detailed statement of the costs to the United States Government, including—
(A)
added the cost of any food or beverages;
(B)
added the cost of any audio-visual services;
(C)
added the cost of employee or contractor travel to and from the conference; and
(D)
added a discussion of the methodology used to determine which costs relate to the conference; and
(4)
added a description of the contracting procedures used including—
(A)
added whether contracts were awarded on a competitive basis; and
(B)
added a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference.
(c)
added 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)
added 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)
added 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

added
(a)
added 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)
added Subject to subsection (a), there is hereby rescinded the applicable percentage (as specified in subsection (c)) of—
(1)
added 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)
added 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)
added the contract authority provided in fiscal year 2013 for any program subject to limitation incorporated or otherwise contained in divisions A through F of this Act.
(c)
added For purposes of subsection (b), the applicable percentage shall be—
(1)
added 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)
added 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)
added Any rescission made by subsection (b) shall be applied proportionately—
(1)
added to each discretionary account and each item of budget authority described in such subsection; and
(2)
added 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)
added This section shall not apply to—
(1)
added 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)
added the amount made available by division F of this Act for “Social Security Administration, Limitation on Administrative Expenses” for continuing disability reviews under titles II and XVI of the Social Security Act and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act.
(f)
added 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.