(This measure has not been amended since it was passed by the Senate on March 20, 2013. The summary of that version is repeated here.)
Consolidated and Further Continuing Appropriations Act, 2013 - Division A: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2013 - Title I: Agricultural Programs - Appropriates FY2013 funds for the following Department of Agriculture (USDA) programs and services:
Title II: Conservation Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Natural Resources and Environment, and (2) Natural Resources Conservation Service.
Title III: Rural Development Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Rural Development, (2) rural development salaries and expenses, (3) Rural Housing Service, (4) Rural Business-Cooperative Service, (5) Rural Economic Development Loans Program Account, and (6) Rural Utilities Service.
Title IV: Domestic Food Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; and (2) Food and Nutrition Service.
Title V: Foreign Assistance and Related Programs - Appropriates funds for the following: (1) Foreign Agricultural Service, (2) Food for Peace Act (P.L. 480) program title I and title II grants, (3) McGovern-Dole international food for education and child nutrition program grants, and (4) Commodity Credit Corporation (CCC) export loans.
Title VI: Related Agency and Food and Drug Administration - Appropriates funds for the following: (1) Food and Drug Administration (FDA), and (2) Farm Credit Administration.
Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 702) Authorizes the Secretary to transfer unobligated balances to the Working Capital Fund for plant and capital equipment acquisition, which shall remain available until expended.
(Sec. 703) Prohibits appropriations under this Act from remaining available for obligation beyond the current fiscal year unless expressly provided for.
(Sec. 704) Limits negotiated indirect costs on cooperative agreements between USDA and nonprofit organizations to 10%.
(Sec. 705) Makes USDA appropriations for direct and guaranteed loans available for: (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account.
(Sec. 706) Makes specified funds available for assistance to recipient nations only if adequate controls are in place to ensure that emergency food aid is received by the intended beneficiaries and not otherwise diverted.
(Sec. 707) Prohibits funds made available to USDA under this Act from being used to acquire new information technology systems or significant upgrades without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board.
(Sec. 708) Makes funds available in the current fiscal year for agricultural management assistance under the Federal Crop Insurance Act and for specified conservation programs under the Food Security Act of 1985 until expended for current fiscal year obligations.
(Sec. 709) Makes eligible for economic development and job creation assistance under the Rural Electrification Act in the same manner as a borrower under such Act any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct, or guaranteed loan under such Act, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act.
(Sec. 710) Prohibits, regarding the specialty crop research initiative, funds from being used to prohibit the provision of certain in-kind support from non-federal sources.
(Sec. 711) Makes unobligated balances for salaries and expenses for the Farm Service Agency and the Rural Development mission area under this Act available for information technology expenses through September 30, 2014.
(Sec. 712) Authorizes the Secretary to permit a state agency to use funds provided in this Act to exceed a specified maximum amount of liquid infant formula when issuing liquid infant formula to participants.
(Sec. 713) Prohibits funds under this Act from being used for first-class travel by employees of agencies funded by this Act in contravention of specified federal regulations.
(Sec. 714) States that with regard to certain programs established or amended by the Food, Conservation, and Energy Act of 2008 to be carried out using CCC funds: (1) such funds shall be available for salaries and administrative expenses without regard to certain allotment and fund transfer limits, and (2) the use of such funds shall not be considered to be a fund transfer or allotment for purposes of applying such limits.
(Sec. 715) Authorizes increases in FY2009 amounts of emergency food assistance available for non-emergency food assistance.
(Sec. 716) Limits funds made available in FY2013 or preceding fiscal years under P.L. 480 to reimburse the CCC for the release of certain commodities under the Bill Emerson Humanitarian Trust Act.
(Sec. 717) Limits funds available for USDA advisory committees, panels, commissions, and task forces.
(Sec. 718) Prohibits funds under this Act from being used 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% of total federal funds provided under each award.
(Sec. 719) Makes additional funds available for the FDA. Obligates specified amounts for: (1) one-time activities directly related to implementation of the Food Safety Modernization Act, and (2) one-time activities for improving the safety of the human drug supply.
(Sec. 720) Appropriates funds for direct reimbursement payments for geographically disadvantaged farmers or ranchers.
(Sec. 721) Prohibits the use of funds for the watershed rehabilitation program.
Limits the use of funds for: (1) the agricultural management assistance program, (2) the environmental quality incentives program, and (3) the wildlife habitat incentives program.
(Sec. 722) Limits FY2013 funds for the following domestic food assistance categories under the Act of August 24, 1935: (1) child nutrition program entitlement commodities, (2) state option contracts, and (3) defective commodity removal.
Limits funds for the fresh fruit and vegetable program until October 1, 2013.
Rescinds specified unobligated balances available in FY2013 for domestic food assistance.
(Sec. 723) Authorizes the Secretary to reserve through April 1, 2013, up to 5% of the funding for the following items for projects in areas that are engaged in strategic regional development planning: (1) business and industry guaranteed loans, (2) rural development loan fund, (3) rural business enterprise grants, (4) rural business opportunity grants, (5) rural economic development program, (6) rural microenterprise program, (7) biorefinery assistance program, (8) rural energy for America program, (9) value-added producer grants, (10) broadband program, (11) water and waste program, and (12) rural community facilities program.
(Sec. 724) Appropriates funds to the Farm Service Agency for a pilot program to demonstrate the use of new technologies that increase the growth rate of reforested hardwood trees on private non-industrial forest lands, enrolling lands on the coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 2005.
(Sec. 725) Prohibits the use of funds for user fee proposals that fail to provide sufficient budget impact information.
(Sec. 726) Prohibits, without specified congressional notice, the reprogramming of certain funds in order to: (1) create or eliminate programs, (2) increase funds or personnel for any project for which funds have been denied or restricted, (3) relocate an office or employee, (4) reorganize offices or programs, or (5) contract out any functions or activities performed by federal employees.
Prohibits, without specified congressional notice, the reprogramming of funds for programs, projects, or activities in excess of $500,000 or 10%, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10% funding for any existing program, project, or activity, or numbers of personnel by 10%; or (3) results from a personnel reduction which would result in a change in existing programs, activities, or projects.
(Sec. 727) Authorizes the Secretary to assess a one-time fee for any guaranteed business and industry loan that does not exceed 3% of the guaranteed principal portion of the loan.
(Sec. 728) Prohibits USDA or FDA funds from being used to transmit to any non-USDA or non-Department of Health and Human Services (HHS) employee questions or responses to questions that are a result of information requested for the appropriations hearing process.
(Sec. 729) Prohibits the use of funds under this Act by any executive branch entity to produce a prepackaged news story for U.S. broadcast or distribution unless it contains audio or text notice that it was produced or funded by such executive entity.
(Sec. 730) Requires USDA agencies to reimburse each other for employees detailed for longer than 30 days.
(Sec. 731) Makes any area eligible for rural housing programs on September 30, 2012, eligible for such programs until September 30, 2013.
(Sec. 732) Prohibits funds from being made available to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan to, any corporation that was convicted, or had an officer or agent convicted, of a felony criminal violation under any federal or state law within the preceding 24 months.
(Sec. 733) Prohibits funds under this Act from being used to enter into a contract or cooperative agreement with, or make a grant or loan to any corporation that has an unpaid federal tax liability for which all judicial and administrative remedies have been exhausted and which is not being paid to the taxing authority.
(Sec. 734) Prohibits specified nonrecourse marketing assistance loans for mohair.
(Sec. 735) Directs the Secretary, if a determination of non-regulated status under the Plant Protection Act has been invalidated, to authorize movement, introduction, continued cultivation, or commercialization for the interim period necessary for the Secretary to complete any required analyses or consultations related to the petition for non-regulated status.
(Sec. 736) Prohibits funds from being used for mitigation associated with the removal of Federal Energy Regulatory Commission (FERC) Project 2342.
(Sec. 737) Rescinds specified unobligated balances available for broadband loans under the distance learning, telemedicine, and broadband program.
(Sec. 738) Rescinds specified unobligated balances under the Farm Security and Rural Investment Act of 2002.
(Sec. 739) Permits funds received by the Secretary from the settlement of any federal litigation concerning federal mortgage loans during FY2012 to be expended by the Rural Housing Service for single family housing guaranteed loan servicing.
(Sec. 740) Directs the Secretary, the Commissioner of the Food and Drug Administration, and the Chairman of the Farm Credit Administration to submit to Congress a spending plan by program, project, and activity for the funds made available under this Act.
(Sec. 741) Appropriates funds for expenses resulting from major disaster designations pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act for: (1) the emergency conservation program, (2) the forest restoration program, and (3) the emergency watershed protection program.
(Sec. 742) Prohibits funds from being used to prepare a final or interim final rule to implement "Implementation of Regulations Required Under Title XI of the Food, Conservation and Energy Act of 2008; Conduct in Violation of the Act," unless the combined annual cost to the economy of such rules does not exceed $100 million or such rules have already been published.
(Sec. 743) Makes specified amount available for: (1) buildings operations and maintenance expenses; (2) services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act; and (3) competitive grants to state agencies for child nutrition programs.
Division B: Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013 - Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013 - Makes appropriations for FY2013 for the Departments of Commerce and Justice, for science-related programs, and related agencies. Sets forth requirements, restrictions, and limitations on the use of funds appropriated by this Act.
Title I: Department of Commerce - Department of Commerce Appropriations Act, 2013 - Makes appropriations for the Department of Commerce for FY2013 for:
(Sec. 101) Allows Department of Commerce funds to be made available for certain functions and activities of the Department and for advanced payments not otherwise authorized only upon the certification of a Department of Commerce official that such payments are in the public interest.
(Sec. 104) Permits a transfer of funds between appropriations accounts to cover certain costs incurred resulting from personnel actions taken in response to funding reductions.
(Sec. 106) Authorizes the Secretary of Commerce to furnish services to support the use or occupancy of the Herbert C. Hoover Building in Washington, DC.
(Sec. 107) Declares that 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. 110) Extends until December 31, 2013 (or earlier under certain conditions), the authority of the U.S. Participating Territories of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean to use, assign, allocate, and manage catch limits of highly migratory fish stocks, or fishing effort limits, agreed to by the Commission through arrangements with U.S. vessels with permits issued under the Pelagics Fishery Management Plan of the Western Pacific Region.
Title II: Department of Justice - Department of Justice Appropriations Act, 2013 - Makes appropriations for the Department of Justice (DOJ) for FY2013 for:
(Sec. 202) Prohibits the use of funds under this Act to: (1) 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; or (2) require any person to perform or facilitate the performance of an abortion.
(Sec. 204) Reaffirms the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive an abortion outside a federal facility.
(Sec. 206) Authorizes the Attorney General to extend through FY2014 the Personnel Management Demonstration Project without limitation on the number of employees or the positions covered.
(Sec. 207) Extends certain authorities for FBI and DEA undercover investigative operations to ATF.
(Sec. 208) Prohibits the use of funds under this Act to: (1) transport a maximum or high security prisoner other than to a prison or facility certified by the Bureau of Prisons as appropriately secure; or (2) facilitate the transfer of an operable firearm by a federal law enforcement officer to an individual known or suspected to be an agent of a drug cartel, unless U.S. law enforcement personnel continuously monitor or control the firearm at all times.
Title III: Science - Science Appropriations Act, 2013 - Makes appropriations for FY2013 for: (1) the Office of Science and Technology Policy; (2) the National Aeronautics and Space Administration (NASA), including for the Office of the Inspector General; and (3) the National Science Foundation, including for the Office of the National Science Board and the Office of the Inspector General.
Title IV: Related Agencies - Makes appropriations for FY2013 for: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission (EEOC); (3) the International Trade Commission; (4) the Legal Services Corporation; (5) the Marine Mammal Commission; (6) the Office of the United States Trade Representative; and (7) the State Justice Institute.
Title V: General Provisions - (Sec. 501) Sets forth restrictions and prohibitions on the use of funds under this Act, including prohibitions against the use of funds to: (1) promote the sale or export of tobacco or tobacco products or to seek the reduction or removal by any foreign country of restrictions on marketing of such products, except for restrictions which are not applied equally to all tobacco products of the same type; (2) acquire an information technology system without an assessment of the risk of cyber-espionage by agents of the People's Republic of China; (3) justify the use of torture by any U.S. official or contract employee; (4) pay administrative expenses or to compensate any U.S. officer or employee of the United States in connection with requiring licenses for exporting certain firearms to Canada with a total value not exceeding $500 wholesale in any transaction or denying certain import applications regarding curios or relics, firearms, parts, or ammunition; or (5) pay for the attendance of more than 50 federal agency employees at a conference outside the United States, unless such conference is for the training of law enforcement personnel.
(Sec. 506) Renders any person who mislabels a product sold in or shipped to the United States as "Made in America" ineligible to receive any contract or subcontract funded by this Act. Requires funds made available by this Act to be used for the purchase of items that are manufactured, produced, or assembled in the United States.
(Sec. 514) Declares that ATF firearms tracing studies are released without adequate disclaimers regarding the limitations of the data.
(Sec. 515) Requires audits of grants or contracts awarded by this Act by the Inspectors General of the Department of Commerce, DOJ, NASA, NSF, and the Legal Services Corporation and public disclosure of the results of such audits.
(Sec. 524) Requires departments, agencies, and commissions funded under this Act to establish and maintain on their Internet websites a direct link to their Offices of Inspector General and a mechanism for anonymously reporting waste, fraud, and abuse.
(Sec. 526) Requires the rescission of specified unobligated balances available to DOJ not later than September 30, 2013.
(Sec. 527) Prohibits the use of funds under this Act 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 to enforce vigorously its trade laws, to avoid agreements that lessen the effectiveness of domestic and international disciplines on unfair trade or safeguard provisions to ensure that U.S. workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions, and to address and remedy market distortions that lead to dumping and subsidization.
(Sec. 530) Prohibits the use of funds under this Act to: (1) transfer or release to or within the United States Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces and who is or was held on or after June 24, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by the DOD; or (2) construct, acquire, or modify any facility in the United States, its territories, or possessions to detain or imprison such a detainee.
(Sec. 532) Prohibits the use of funds for the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.
(Sec. 535) Prohibits the use of funds under this Act to: (1) authorize NASA or the Office of Science and Technology Policy to develop a program or other activities for collaborating with the People's Republic of China or any Chinese-owned company unless specifically authorized by an Act of Congress; (2) relocate the Bureau of the Census from the Department of Commerce to the jurisdiction of the Executive Office of the President; (3) prevent the importation of certain shotgun models; (4) maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography; (5) award a contract, grant, or loan guarantee to a corporation convicted of a felony within the preceding 24 months or that has unpaid tax liabilities; or (6) 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 NSF, except for research projects certified as promoting U.S. national security or economic interests.
Division C: Department of Defense Appropriations Act, 2013 - Department of Defense Appropriations Act, 2013 - Title I: Military Personnel - Appropriates funds for FY2013 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.
Title II: Operation and Maintenance - Appropriates funds for FY2013 for operation and maintenance (O&M) for the military departments, the defense agencies, the reserve components, and the Army and Air National Guard. Appropriates funds for: (1) the United States Court of Appeals for the Armed Forces; (2) environmental restoration for the military departments, the Department of Defense (DOD), and at formerly used defense sites; (3) overseas humanitarian, disaster, and civic aid; (4) former Soviet Union threat reduction; and (5) the Department of Defense Acquisition Workforce Development Fund.
Title III: Procurement - Appropriates funds for FY2013 for procurement by the Armed Forces of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Appropriates funds for: (1) defense-wide procurement, and (2) certain procurements under the Defense Production Act of 1950.
Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY2013 for research, development, test and evaluation (RDT&E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.
Title V: Revolving and Management Funds - Appropriates funds for: (1) the Defense Working Capital Funds, and (2) programs under the National Defense Sealift Fund.
Title VI: Other Department of Defense Programs - Appropriates funds for: (1) the Defense Health Program; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; and (4) the Office of the Inspector General.
Title VII: Related Agencies - Appropriates funds for the: (1) Central Intelligence Agency Retirement and Disability System Fund, and (2) Intelligence Community Management Account.
Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of authorized funds.
(Sec. 8007) Requires a report from DOD to the defense committees to establish the baseline for application of FY2013 reprogramming and transfer authorities.
(Sec. 8010) Allows for the use of procurement funds for multiyear contracts for: (1) F/A-18E, F/A-18F, and EA-18G aircraft; (2) up to 10 DDG-51 Arleigh Burke class Flight IIA guided missile destroyers and associated systems; (3) SSN-774 Virginia class submarines and government-furnished equipment; (4) a CH-47 Chinook helicopter; and (5) V-22 Osprey aircraft variants.
(Sec. 8012) Prohibits, during FY2013, the management by end strengths of DOD civilian personnel.
(Sec. 8021) Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of receipts of contributions from the government of Kuwait.
(Sec. 8023) Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY2013 funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY2013 funds.
(Sec. 8024) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.
(Sec. 8027) Requires the Secretary of Defense (Secretary) to report to Congress on the amount of DOD purchases from foreign entities in FY2013.
(Sec. 8029) Authorizes the Secretary of the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Elllsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.
(Sec. 8035) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program and Army agencies established to eliminate, mitigate, or counter the effects of improvised explosive devices, or to improve the effectiveness and efficiencies of biometric activities; (3) to approve or license the sale of the F-22A advanced tactical fighter to any foreign government; (4) to convert to contractor performance a function currently performed by DOD civilian employees, unless specific conditions are met; (5) for assistance to the Democratic People's Republic of North Korea, unless specifically appropriated for such purpose; and (6) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.
(Sec. 8040) Rescinds specified funds from various accounts under prior defense appropriations Acts.
(Sec. 8045) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency (CIA) for drug interdiction or counter-drug activities.
(Sec. 8049) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless Congress is given 15 days' advance notice.
(Sec. 8056) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items, and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.
(Sec. 8057) Prohibits the use of appropriated funds to support any training program involving a unit of the security forces of a foreign country if the Secretary has received credible information that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees within 15 days after any such waiver).
(Sec. 8062) Authorizes members of the National Guard performing full-time duty to support ground-based elements of the National Ballistic Missile Defense System.
(Sec. 8063) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.
(Sec. 8064) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain, youth, social, or fraternal nonprofit organizations.
(Sec. 8068) Authorizes the transfer of specified DOD O&M funds to the Global Security Contingency Fund, after congressional notification.
(Sec. 8070) Earmarks specified procurement and RDT&E funds for the Israeli Cooperative Programs (missile defense).
(Sec. 8075) Requires the FY2013 budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.
(Sec. 8076) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.
(Sec. 8077) Appropriates funds to DOD for grants to the United Service Organizations and the Red Cross.
(Sec. 8079) Prohibits the availability of funds for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.
(Sec. 8080) Requires reserve members called or ordered to active duty in time of national emergency to be notified in writing of their expected mobilization period. Allows the Secretary to waive such requirement in order to respond to a national security emergency or to meet dire operational requirements.
(Sec. 8084) Earmarks specified Navy O&M funds for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute theater security cooperation activities such as humanitarian assistance, and the payment of incremental and personnel costs of training and exercising with foreign security forces.
(Sec. 8088) Requires the Office of the Director of National Intelligence (DNI) to report to the intelligence committees to establish the baseline for application of reprogramming and transfer authorities for FY2013. Prohibits funds provided for the National Intelligence Program (NIP) from being available for reprogramming or transfer until the report is submitted, unless the DNI certifies to such committees that the reprogramming or transfer is necessary as an emergency requirement.
(Sec. 8089) Makes specified Intelligence Community Management Account funds available for transfer by the DNI to other departments and agencies for government-wide information sharing activities.
(Sec. 8091) Directs the DNI to submit annually to Congress a future-years intelligence program reflecting estimated expenditures and proposed appropriations included in the President's budget.
(Sec. 8093) Requires DOD to continue to report incremental contingency operations costs for Operations New Dawn and Enduring Freedom on a monthly basis.
(Sec. 8095) Makes O&M funds available for remittances to the Defense Acquisition Workforce Development Fund.
(Sec. 8096) Requires any agency receiving funds appropriated under this Act to post on its public website any report required to be submitted to Congress in this or any other Act, upon the determination by such agency head that it shall serve the national interest. Provides exceptions when posting the report would compromise national security or for reports containing proprietary information.
(Sec. 8097) Provides specific requirements on the use of this Act's funds for any federal contract in excess of $1 million with respect to contractor resolution of claims under title VII of the Civil Rights Act of 1964. Allows the Secretary to waive such requirements to avoid harm to national security.
(Sec. 8098) Prohibits funds from being distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.
(Sec. 8099) Earmarks specified O&M funds for operations of the integrated Captain James A. Lovell Federal Health Care Center in Chicago, Illinois.
(Sec. 8102) Allows DOD funds to be used for the purchase of heavy and light armored vehicles for the physical security of personnel or for force protection purposes, up to a limit of $250,000 per vehicle.
(Sec. 8103) Establishes in the Treasury the Ship Modernization, Operations, and Sustainment Fund, and appropriates funds to such Fund, to be available through FY2014. Requires such funds to be used for manning, operating, sustaining, equipping, and modernizing specified Ticonderoga-class guided missiles and Whidbey Island-class dock landing ships.
(Sec. 8108) Appropriates funds to the Secretary, or for transfer to the Secretary of Education, to make grants to construct, renovate, repair, or expand elementary and secondary schools on military installations in order to address capacity or condition deficiencies.
(Sec. 8109) Prohibits any federal funds from being used to transfer or release to or within the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who is not a citizen or member of the Armed Forces and is or was held by DOD on or after June 24, 2009, at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo).
(Sec. 8110) Prohibits any federal funds from being used to transfer any individual detained at Guantanamo to the custody or control of that individual's country of origin or any other foreign country or entity until 30 days after the Secretary certifies to Congress that, among other things, such country is not a designated state sponsor of terrorism and has agreed to ensure that such individual cannot take action to threaten the United States or its citizens or allies in the future. Prohibits the Secretary from making a transfer to a country or entity if there is a confirmed case of an individual who was detained at Guantanamo any time after September 11, 2001, was transferred to such country or entity, and subsequently engaged in any terrorist activity. Provides an exception to the latter prohibition for specified purposes, requiring 30 days' prior congressional notification.
(Sec. 8111) Prohibits any federal funds from being used to construct, acquire, or modify any facility in the United States or its territories or possessions to house any individual who, as of June 24, 2009, is located at Guantanamo, and who: (1) is not a U.S. citizen or a member of the Armed Forces; and (2) is either in DOD custody or control, or otherwise under detention at Guantanamo.
(Sec. 8112) Prohibits the use of funds to enter into a contract with, make a grant to, or provide a loan or loan guarantee to any corporation: (1) against which an unpaid federal tax liability has been assessed, or (2) that was convicted of a felony criminal violation within the preceding 24 months.
(Sec. 8114) Prohibits the use of funds: (1) in contravention of federal criminal laws against human trafficking or the Trafficking Victims Protection Act of 2000; (2) to support any military training or operation that includes child soldiers; (3) in contravention of the War Powers Resolution; (4) to retire, divest, realign, or transfer Air Force aircraft or associated units, or to disestablish or convert any other unit of the Air National Guard or Air Force Reserve; (5) to retire C-23 Sherpa aircraft; (6) in contravention of requirements relating to the sharing with Russia of classified ballistic missile defense information; (7) in contravention of civil reserve aircraft airlift requirements; (8) to contract with any person or entity convicted of fraud against the federal government; (9) to contract with or provide a loan or loan guarantee to Rosoboronexport; or (10) to implement a new enrollment fee for DOD's TRICARE for Life program.
(Sec. 8119) Expresses the sense of the Senate that the next available Navy capital warship be named the USS Ted Stevens to recognize the public service achievements, military service sacrifice, and undaunted heroism and courage of the long-serving U.S. Senator for Alaska.
(Sec. 8121) Reduces by $72.718 million the total amount available for FY2013 for the pay of civilian DOD personnel.
(Sec. 8129) Directs the Secretaries of the military departments to carry out tuition assistance programs for members of the Armed Forces during the remainder of FY2013.
Title IX: Overseas Contingency Operations - Appropriates funds for FY2013 for overseas contingency operations directly related to the global war on terrorism, specifically for: (1) military personnel, (2) O&M, (3) the Afghanistan Infrastructure Fund, (4) the Afghanistan Security Forces Fund, (5) procurement, (6) National Guard and reserve equipment, (7) RDT&E, (8) Defense Working Capital Funds, (9) the Defense Health Program, (10) drug interdiction and counter-drug activities, (11) the Joint Improvised Explosive Device Defeat Fund, and (12) the Office of the Inspector General.
(Sec. 9002) Authorizes the Secretary, in the national interest, to transfer up to $3.5 billion of the amounts made available to DOD in this title between any such appropriations for that fiscal year. Requires prompt congressional notification of each transfer.
(Sec. 9004) Authorizes the Secretary to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in Iraq and Afghanistan, with a limit of $75,000 per passenger vehicle and $250,000 per each heavy or light armored vehicle.
(Sec. 9005) Authorizes the use of up to $200 million to fund the Commander's Emergency Response Program (urgent humanitarian relief and reconstruction assistance in Afghanistan).
(Sec. 9006) Allows DOD O&M funds to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Afghanistan. Requires quarterly reports from the Secretary to the defense committees regarding such support.
(Sec. 9007) Prohibits any funds from being obligated or expended to: (1) establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Iraq or Afghanistan, or (2) exercise U.S. control over any oil resource of Iraq.
(Sec. 9008) Prohibits funds from being used in contravention of specified laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
(Sec. 9009) Prohibits funds provided for the Afghanistan Security Forces Funds from being obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council of DOD.
(Sec. 9011) Earmarks specified Army O&M funds to to allow the Task Force for Business and Stability Operations in Afghanistan to carry out strategic business and economic assistance activities in Afghanistan in support of Operation Enduring Freedom. Requires the Secretary, at least 15 days in advance of making funds available for any such project of $5 million or more, to submit to the defense committees a detailed justification and timeline for the project.
(Sec. 9012) Allows the use of specified O&M funds to support U.S. government transition activities in Iraq by funding operations and activities of the Office of Security Cooperation in Iraq and security assistance teams. Requires 15 days' prior notification from the Secretary to the defense committees with respect to each proposed site and its timeline.
(Sec. 9013) Rescinds, under prior DOD appropriations Acts, specified amounts for: (1) the retroactive stop-loss special pay program; (2) the Afghanistan Security Forces Fund; (3) Army, Navy, and Marine Corps procurement; (4) the Mine Resistant Ambush Protected Vehicle Fund; (5) Air Force RDT&E; and (6) the Joint Improvised Explosive Device Defeat Fund.
(Sec. 9014) Prohibits DOD O&M funds from being used for payments to Pakistan as reimbursement for support provided with respect to U.S. military operations unless the Secretary, in coordination with the Secretary of State, certifies to the appropriations committees that the government of Pakistan, among other things: (1) is cooperating with the United States in certain counterterrorism efforts, (2) is not supporting terrorist activities against U.S. or coalition forces in Afghanistan, and (3) is dismantling improvised explosive device networks and preventing the proliferation of nuclear-related material and expertise. Authorizes the Secretary to waive such restrictions on a case-by-case basis by certifying to such committees that it is in the U.S. national security interests.
Division D: Department of Homeland Security Appropriations Act, 2013 - Department of Homeland Security Appropriations Act, 2013 - Makes appropriations for the Department of Homeland Security (DHS) for FY2013.
Title I: Departmental Management and Operations - Makes appropriations for: (1) the Office of the Secretary of Homeland Security and executive management of DHS, (2) the Office of the Under Secretary for Management, (3) the Office of the Chief Financial Officer, (4) the Office of the Chief Information Officer, (5) intelligence analysis and operations coordination activities, and (6) the Office of the Inspector General.
Title II: Security, Enforcement, and Investigations - Makes appropriations for: (1) U.S. Customs and Border Protection (CBP), including for border security fencing, infrastructure, and technology; (2) U.S. Immigration and Customs Enforcement (ICE), including to reimburse other federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States, to identify and remove from the United States aliens convicted of a crime once they are judged deportable, and for detention and removal operations, including alternatives to detention; (3) the Transportation Security Administration (TSA), including for aviation security (including explosives detection systems), surface transportation security, screening programs of the Office of Transportation Threat Assessment and Credentialing, transportation security support and intelligence, and the Federal Air Marshals; (4) the Coast Guard, including funding derived from the Oil Spill Liability Trust Fund for prevention, removal, and enforcement related to oil discharges and funding for environmental compliance and restoration; and (5) the U.S. Secret Service, including for training in electronic crimes investigations and forensics.
Title III: Protection, Preparedness, Response, and Recovery - Makes appropriations for FY2013 for: (1) the Office of the Under Secretary for the National Protection and Programs Directorate, including for the Federal Protective Service and the Office of Biometric Identity Management; (2) the Office of Health Affairs, including for BioWatch operations; and (3) the Federal Emergency Management Agency (FEMA), including for grants for state and local programs, firefighter assistance grants, emergency management performance grants, the U.S. Fire Administration, disaster relief, the flood hazard mapping and risk analysis program, the National Flood Insurance Fund, the predisaster mitigation grant program, and the emergency food and shelter program.
Title IV: Research and Development, Training, and Services - Makes appropriations for FY2013 for: (1) U.S. Citizenship and Immigration Services (CIS), including for the E-Verify program; (2) the Federal Law Enforcement Training Center; (3) the Office of the Under Secretary for Science and Technology; and (4) the Domestic Nuclear Detection Office.
Title V: General Provisions - (Sec. 501) Sets forth limitations and prohibitions on the availability, use, reprogramming, or transfer of funds for specified programs and activities under this Act.
(Sec. 513) Prohibits the use of funds available in this Act to amend the oath of allegiance required under the Immigration and Nationality Act.
(Sec. 524) Prohibits the use of funds by CIS to grant an immigration benefit unless the results of required background checks have been received and do not preclude granting the benefit.
(Sec. 530) Prohibits the use of funds for CBP to prevent an individual from importing a prescription drug from Canada if: (1) such individual is not in the business of importing a prescription drug; and (2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic Act and is not a controlled substance or a biological product. Makes this section applicable only to individuals transporting on their person a personal-use quantity of the prescription drug, not exceeding a 90-day supply.
(Sec. 533) Prohibits the use of funds made available in this Act: (1) for planning, testing, piloting, or developing a national identification card; (2) to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions, of Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces, or who is or was held on or after June 24, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by the Department of Defense (DOD); or (3) to employ unauthorized aliens.
(Sec. 542) Requires any company that collects or retains personal information directly from any individual who participates in TSA's Registered Traveler or successor program to safeguard and dispose of such information in accordance with specified requirements.
(Sec. 544) Requires the TSA Administrator to: (1) submit to the House and Senate Appropriations Committees a report that either certifies that the requirement for screening all air cargo on passenger aircraft has been met or includes a strategy to comply with such requirements, and (2) continue to submit such reports every 180 days until the Administrator has achieved screening of 100% of such air cargo.
(Sec. 545) Requires the DHS Secretary to ensure that any process to screen aviation passengers and crews for transportation or national security purposes takes into consideration such passengers' and crews' privacy and civil liberties consistent with applicable laws, regulations, and guidance.
(Sec. 551) Provides that any sale or collocation of federally owned detention facilities shall not result in the maintenance of fewer than 34,000 ICE detention beds.
(Sec. 554) Prohibits funds made available under this Act or any prior appropriations Act from being provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations.
(Sec. 556) Requires the DHS Secretary to ensure enforcement of immigration laws.
(Sec. 561) Prohibits funds made available under this Act from being used by a federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the officer knows or suspects that the individual is an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm at all times.
(Sec. 570) Rescinds various amounts from specified accounts and programs, and from specified agencies, including FEMA, the Coast Guard, ICE, TSA, CIS, and CBP.
Division E: Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2013 - Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2013 - Title I: Department of Defense - Appropriates funds for FY2013 for DOD for: (1) military construction for the military departments, DOD, the Army and Air National Guard, and the Army, Navy, and Air Force reserves; (2) the North Atlantic Treaty Organization (NATO) Security Investment Program; (3) family housing construction and related operation and maintenance for the military departments and DOD; (4) the Department of Defense Family Housing Improvement Fund; (5) chemical demilitarization construction; and (6) the Department of Defense Base Closure Accounts of 1990 and 2005.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title and in other military construction appropriations Acts.
(Sec. 110) Prohibits appropriated funds from being used to initiate a new installation overseas without prior notification to the congressional appropriations committees.
(Sec. 113) Directs the Secretary to notify the appropriate congressional committees 30 days in advance of the plans and scope of any proposed military exercise involving U.S. personnel if construction costs are anticipated to exceed $100,000.
(Sec. 120) Authorizes the transfer of DOD funds for expenses associated with the Homeowners Assistance Program under the Metropolitan Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 123) Places specified restrictions and limitations on the obligation or expenditure of funds made available in this title or in any other military construction appropriations Act to carry out a military construction, land acquisition, or family housing project at or for a military installation approved for closure, or for supporting a function that has been approved for realignment to another installation, in 2005 under the Defense Base Closure and Realignment Act of 1990.
(Sec. 124) Provides for the transfer of lapsed unobligated military construction and family housing funds into the Foreign Currency Fluctuations, Defense account.
(Sec. 125) Prohibits the Secretary from using appropriated funds to take beneficial occupancy of more than 2,500 parking spaces provided by the BRAC (base realignment and closure) 133 project (northern Virginia). Allows a waiver of such prohibition under limited circumstances.
(Sec. 126) Prohibits this Act's funds from being used for any action that relates to or promotes the expansion of the boundaries or size of the Pinon Canyon Maneuver Site, Colorado.
(Sec. 128) Prohibits the Secretary of the Army from using appropriated funds to relocate an Army unit that: (1) performs a testing mission or function that is not performed by any other Army unit and that is statutorily required, and (2) is located at a military installation at which the total number of Army and Army contractor personnel exceeds 10% of the total number of regular and reserve Army personnel assigned there. Allows an exception if such Secretary notifies the defense committees of such relocation's compliance with Army Regulation 5-10 concerning the policy, procedures, and responsibilities for Army stationing actions.
(Sec. 129) Prohibits DOD military construction funds from being used for the planning, design, and construction of projects at Arlington National Cemetery.
(Sec. 130) Cancels from prior appropriations Acts: (1) $20 million in defense-wide military construction funds, and (2) $132.513 million for the Department of Defense Base Closure Account 2005.
Title II: Department of Veterans Affairs - Authorizes appropriations for the Department of Veterans Affairs (VA) for: (1) the Veterans Benefits Administration, (2) readjustment benefits, (3) veterans insurance and indemnities, (4) the Veterans Housing Benefit Program Fund, (5) the Vocational Rehabilitation Loans Program, (6) the Native American Veteran Housing Loan Program, (7) the Veterans Health Administration (including for medical and prosthetic research and information technology systems), (8) the National Cemetery Administration, (9) the Office of the Inspector General, (10) construction for major and minor projects, and (11) grants for the construction of state extended care facilities and veterans cemeteries.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title.
(Sec. 210) Makes funds from this title available to reimburse expenses of the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication, within specified limits.
(Sec. 216) Authorizes the Secretary of Veterans Affairs (Secretary, for purposes of this title) to enter into agreements with certain Indian tribes and tribal organizations in rural Alaska to provide health care, including behavioral health and dental care.
(Sec. 219) Directs the Secretary to report quarterly to the appropriations committees on the financial status of the Veterans Health Administration (VHA).
(Sec. 223) Allows certain VA funds to be used to fund operations at combined DOD/VA medical facilities. Requires written notification from the Secretary to the appropriations committees of any additional fund transfers for such purpose.
(Sec. 227) Directs the Secretary to notify the appropriations committees on all bid savings in major construction projects that total at least $5 million or 5% of the programmed amount, whichever is less.
(Sec. 229) Directs the Secretary to notify the appropriations committees quarterly concerning any single national outreach and awareness marketing campaign in which obligations exceed $2 million.
(Sec. 230) Requires the Secretary to submit a reprogramming request to the appropriations committees if, at any time during FY2013, the funding for a medical care initiative identified in the FY2013 expenditure plan is adjusted by more than $25 million from the allocation shown in the corresponding congressional budget justification.
(Sec. 231) Prohibits funds from this Act from being used to enter into a contract using procedures that do not give to small businesses owned and controlled by veterans and listed in a government database any available preference (except for a preference given to small businesses owned and controlled by service-disabled veterans).
Title III: Related Agencies - Appropriates funds for: (1) the American Battle Monuments Commission, (2) the U.S. Court of Appeals for Veterans Claims, (3) cemeterial expenses, and (4) the Armed Forces Retirement Home.
Title IV: Overseas Contingency Operations - Appropriates funds for Overseas Contingency Operations/Global War on Terrorism, specifically for Navy and Marine Corps military construction.
(Sec. 401) Rescinds specified amounts of unobligated, prior-year military construction and overseas contingency operations funds, and makes such amounts available as emergency expenditures for overseas contingency operations and the global war on terrorism.
Title V: General Provisions - Specifies restrictions and authorities regarding the use of funds appropriated in this Act.
(Sec. 507) Prohibits this Act's funds from being used for: (1) a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the U.S. House of Representatives; (2) maintaining or establishing a computer network unless such network blocks the viewing, downloading, and exchanging of pornography; (3) funding the Association of Community Organizations for Reform Now (ACORN); (4) renovating, expanding, or constructing any facility in the United States in order to house any non-U.S. citizen detained at U.S. Naval Station, Guantanamo Bay, Cuba; (5) paying for first-class travel by an agency employee in contravention of federal employee travel requirements; (6) entering into a contract or agreement with any corporation that was convicted of a felony criminal violation within the preceding 24 months, or that carries an unpaid federal tax liability; or (7) sending or paying for the attendance of more than 50 federal employees at a conference outside the United States, unless the relevant Secretary certifies in advance to the appropriations committees that such attendance is important to the national interest.
Division F: Further Continuing Appropriations Act, 2013 - Full-Year Continuing Appropriations Act, 2013 - Makes continuing appropriations for FY2013.
Title I: General Provisions - (Sec. 1101) Appropriates FY2013 amounts at the FY2012 levels for continuing operations, projects, or activities as conducted in FY2012 and for which appropriations, funds, or other authority were made available in:
Requires these FY2012 levels appropriated for FY2013 to be calculated without regard to any rescission or cancellation of funds or contract authority, other than:
(Sec. 1104) Prohibits the use of such appropriations, or of any funds made available or authority granted by this Act, to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during FY2012.
(Sec. 1106) Continues through FY2013 appropriations and funds made available and authority granted pursuant to this division, unless otherwise provided for in it or in the applicable appropriations Act.
(Sec. 1109) Continues funding at the FY2012 level for entitlements and other mandatory payments whose budget authority was provided in FY2012 appropriations Acts, and for activities under the Food and Nutrition Act of 2008.
Makes appropriations for the following accounts for advance payments for the first quarter of FY2014:
(Sec. 1110) Continues for the same purpose the designation of each amount made available in this division by reference to an appropriation previously designated by Congress for Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) or as being for disaster relief under that Act.
(Sec. 1111) Provides advance appropriations for FY2014 or FY2015, respectively, in the same amount, with a comparable period of availability, for any discretionary account for which advance appropriations were provided for FY2013 or FY2014 in an appropriations Act for FY2012.
(Sec. 1112) Amends the Continuing Appropriations Act, 2011, as amended by the Continuing Appropriations and Surface Transportation Extensions Act, 2011, to extend through December 31, 2013, the mandatory freeze on the pay of certain federal civilian employees.
Continues through such date the prohibition against receipt by a senior executive or senior-level employee of an increase in the individual's rate of basic pay absent a change of position that results in a substantial increase in responsibility or a promotion.
(Sec. 1113) Requires each specified federal department an